Jessica Alba’s $1 million lawsuit against the developers of a post-pregnancy product that claims to shrink the waist is just one in a string of issues recently regarding celebrities’ personality rights. The part-Mexican actress argues the company used her likeness to sell their product. The defendant in the case, Caden Companies, is now suing its insurers for not covering them against the Alba lawsuit.
Lately, insurers have been faced with their clients demanding to be covered under “Personal and Advertising Injury” when violations of person’s personality rights arise. This coverage is normally used to indemnify claims of libel, idea theft, privacy, copyright and trademark. One of the more popular cases where an agency was able to get their insurers to cover personality rights was when Kim Kardashian filed a lawsuit against The Gap’s agency for using someone who resembled her in an Old Navy commercial.
Caden Companies used Alba as a “celebrity testimonial” on their website and claimed on the product’s packaging that the item inside was “Jessica Alba’s #2 Secret for a Fast Post Pregnancy Slimdown!” according to The Hollywood Reporter. Both Caden Companies and Alba’s attorney, Brian Wolf, are currently searching for information in the discovery portion of the lawsuit since attempts to settle have proved unsuccessful. Discovery should be completed by September.