It will be no surprise to know that KKW is very savvy with IP protection, as per the rest of her famous reality TV family. The trade mark law aspect of this case was not explored in court as MG did not defend the claim made against them and thus a default judgement of damages and attorney fees was entered against them, as well as an order that MG make no further reference to KKW trade marks on future posts.![\"\"](\"https:\/\/www.hgf.com\/wp-content\/uploads\/2021\/05\/A-very-modern-Instagram-tale-article-image-300x200.jpg\")
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The main points put forward by KKW were that MG use of trade marks likely to cause consumers to believe that there is an association (or endorse or sponsor) \u2013 consumers did in fact express that they though MG had \u201ccollaborated\u201d with KKW, thus a social media connection via the online marketplace, given that Instagram is a key selling platform.<\/p>\n
It was put forward that MG does not \u201cmerely replicate the looks of these celebrities\u201d but \u201csystematically uses the names and image\u201d of stars to sell fast fashion items. Thus, it was argued that MG were using KKW fame and repute in the fashion world and as a general world celebrity to sell clothing, thus using her image to tie into their own brand. Clearly, brands do tie up with celebrities frequently and also often fall foul, given the Rihanna v Topshop[1]<\/em>\u00a0case.<\/p>\n