Samsung Seeks Dismissal of Dua Lipa's $15 Million Lawsuit

Samsung's legal representatives have formally asked a federal judge to dismiss the $15 million lawsuit filed by pop star Dua Lipa. The lawsuit, initiated in February 2024, alleges that Samsung unlawfully used Lipa's image in advertising materials for its televisions without her consent. Samsung's defense, presented in a filing on May 20, 2024, contends that the inclusion of Lipa's photograph on a television box does not constitute an endorsement of the product. The company's lawyers argue that the image on the packaging is merely illustrative and does not suggest any affiliation or endorsement by the artist. Specifically, the legal team stated in their motion that the advertisement "contains nothing suggesting plaintiff endorses the televisions." Lipa's lawsuit claims that Samsung used a photograph of her from a 2013 photoshoot, which was subsequently licensed to a third party for use in a fashion magazine, and then allegedly repurposed by Samsung for its advertising campaign. The singer is seeking $15 million in damages, asserting that her image was used commercially without her permission, thereby infringing on her publicity rights. The case is being heard in the U.S. District Court for the Southern District of New York. Samsung's motion for dismissal is based on the argument that Lipa has failed to state a plausible claim for relief under the relevant laws, including New York's Civil Rights Law, which protects against the unauthorized commercial use of a person's name, portrait, or picture. The company maintains that the context in which Lipa's image appears does not meet the legal threshold for commercial appropriation or endorsement. The outcome of this motion will determine whether the lawsuit proceeds to further stages, such as discovery and potentially a trial, or if it will be dismissed by the court. This legal dispute highlights the ongoing challenges faced by celebrities and public figures in protecting their image rights against potential misuse by corporations in their marketing efforts. The court's decision could set a precedent for how image rights are interpreted in advertising when an image's origin is indirect and its connection to the advertised product is indirect.