The fashion business Von Dutch is being sued by the organization that oversees the late Anna Nicole Smith's intellectual property rights, which claims that the company used her name and image to advertise goods without permission.
The legal lawsuit claims that Von Dutch did not obtain Smith's permission to use her image in marketing or product lines prior to her death in 2007 or from the organization currently in charge of her rights. Any depiction of Smith in relation to Von Dutch's merchandise, according to the estate, is unlawful and violates her posthumous publicity rights.
The legal lawsuit claims that Von Dutch did not obtain Smith's permission to use her image in marketing or product lines prior to her death in 2007 or from the organization currently in charge of her rights. Any depiction of Smith in relation to Von Dutch's merchandise, according to the estate, is unlawful and violates her posthumous publicity rights.
A recent social media post by Von Dutch is at the heart of the controversy. A picture of Smith from her 2004 appearance on "The Tonight Show with Jay Leno," where she was wearing a black cowboy hat with pink lettering, was posted on Facebook by the company in April. As stated in the description, "Our iconic Anna Nicole Smith hat from her original VD collection."
Representatives of Anna Nicole Smith's estate, however, deny the suggestion of any formal cooperation regarding that particular item. According to a person with knowledge of the matter, Smith made no reference to the hat during her appearance on the talk program and it was not a part of an approved collection.
Representatives of Anna Nicole Smith's estate, however, deny the suggestion of any formal cooperation regarding that particular item. According to a person with knowledge of the matter, Smith made no reference to the hat during her appearance on the talk program and it was not a part of an approved collection.
The estate argues that although though Smith and Von Dutch had previously collaborated on a fashion line, the agreement did not grant the business the permanent right to exploit her name, image, or likeness after their collaboration ended.
The estate argues that although Smith and Von Dutch had previously collaborated on a fashion line, the agreement did not grant the business the permanent right to exploit her name, image, or likeness after their collaboration ended.
Model, actress, and reality TV personality Anna Nicole Smith passed away in 2007 at the age of 39 from a heroin overdose. Dannielynn Birkhead, her daughter, became a legal adult last year when she turned 18.
Von Dutch, Anna Nicole Smith Inc., and Dannielynn's father, Larry Birkhead, have all been contacted for comment. None has replied at the time of publication.
Von Dutch, Anna Nicole Smith Inc., and Dannielynn's father, Larry Birkhead, have all been contacted for comment. None has replied at the time of publication.
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