Samsung Seeks to Dismiss Dua Lipa’s Copyright and Trademark Infringement Suit

Samsung is seeking to dismiss Dua Lipa’s $15 million copyright, trademark and publicity-rights lawsuit, arguing the claims fail on several grounds.

Backstory:

• Lipa sued Seoul-headquartered Samsung in May, alleging that Samsung used a copyrighted photo of her on TV packaging without permission to promote its products.

Samsung’s motion:

• Samsung says Lipa cannot hold a trademark in her own image or likeness, citing cases involving Bob Marley, Babe Ruth, and Tiger Woods.

• It argues the complaint fails to plausibly allege consumer confusion over whether Lipa endorses Samsung’s televisions.

• The company also disputes claims that Samsung Electronics controlled the actions of its US subsidiary, saying a parent-subsidiary relationship alone is insufficient to establish liability.

Publicity rights:

• Samsung argues Lipa’s publicity-rights claims are governed by the law of her domicile, England, which it says does not recognize such rights.

• It also seeks dismissal over what it calls an impermissible “shotgun pleading,” arguing the complaint improperly attributes the alleged conduct indiscriminately to multiple defendants and incorporates earlier allegations into successive claims.