old-navy.jpgLos Angeles – Kim Kardashian doesn’t seem to agree with the old adage, “Imitation is the sincerest form of flattery.“  Instead, the reality TV star is suing discount chain Old Navy for trademark infringement over its use of an alleged Kim Kardashian look-alike in a television advertisement.

In her complaint, Kardashian claims that the Old Navy advertisement model, Melissa Molinaro, resembles her a bit too much and that Old Navy is cashing in on her trademark likeness and right of publicity.  According to the lawsuit, the advertisement was “purposely designed to intend to confuse, to cause mistake, and to deceive the public,” into thinking that Kardashian was somehow involved in the commercial. 

Kardashian’s attorney stated, “Kim Kardashian is immediately recognizable and is known for her look and style.  Her identity and persona are valuable.  When her intellectual property rights are violated, she intends to enforce them.”  Molinaro is not being named in the lawsuit.

Molinaro defended Old Navy by claiming that she was simply imitating a star-like personality in the advertisement and that the casting director outfitted her to look like a star, but not any one star specifically.  Molinaro says any resemblance to Kardashian is purely coincidental. 

Is Kardashian’s persona really threatened by another pretty brunette or is the lawsuit stemming from the fact that Molinaro has recently been linked to Reggie Bush, Kardashian’s former flame?  After all, she did wait five months to file after the commercial first aired in February.

The commercial can be viewed on Youtube here.  Admittedly, Molinaro is a bit of a Kardashian clone.  However, this looks like an uphill battle for Kardashian to prove confusion.  What do you think?  Do you think that people will believe it is Kim Kardashian in the video?