To court we go!
Kanye West and wife, Kim Kardashian‘s lawsuit against the co-founder of YouTube over leaked footage of their marriage proposal should move forward, a California appeals court ruled on April 22 (Wednesday).
The couple have shown a likelihood that they might win their case against Chad Hurley, who uploaded the couple’s marriage proposal two years ago on his new website, MixBit, said a three-justice panel of the 2nd District Court of Appeal in Lot Angeles.
Hurley’s defence was that a confidentially agreement he signed was not binding on MixBit and that he didn’t leak confidential information about the proposal, which had been filmed for the reality show “Keeping Up With the Kardashians”.
The 11-page ruling issued on Wednesdays, says some of Hurley’s claims lack merit.
Kimye’s lawsuit says Hurley broke the confidentiality agreement by posting the 2 1/2 minute video and that he was liable for claims of fraud and unjust enrichment. Their lawyers “have shown that Hurley’s new venture, MixBit, was not doing well, he posted the video on MixBit, which provided it with significant publicity, and he did so within hours of leaving the event. A jury may reasonably infer fraudulent intent from these circumstances,” the opinion states.
Hurley’s lawyers has filled for an appeal against a ruling by a Los Angeles judge who refused to dismiss the lawsuit. His lawyer argued to the lower court that Hurley’s First Amendment and free speech rights protected the posting of the video.
Hurley’s attorney, Rodger Cole, did not immediately return a phone message seeking comment.
The couple has not stated how much compensation they are seeking from Hurley.
“By improperly advertising Mr. West’s and Mrs. Kardashian West’s intellectual property on his new website, Mr. Hurley got significant value that must be reimbursed to my clients,” the couple’s attorney, Eric George, wrote in a statement Wednesday.
West proposed to Kardashian in October 2013 at San Francisco’s AT&T Park while an orchestra played and family and invited guests watched the surprise proposal. The couple got married in May 2014 in Florence, Italy.
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