Energy drink maker Alani Nutrition LLC, which recently launched a co-branding campaign with Kim Kardashian, sued a competitor for allegedly creating a nearly identical Instagram photo with a different model, infringing Alani’s copyrights and deceiving consumers.
The complaint said Alani Nu and Kardashian posted a joint Instagram photo on July 10 showing Kardashian in a white bathing suit and posing with gym equipment to launch the limited-edition, pink-colored “Kimade” drink, racking up nearly 2.1 million likes in a few days.
Ryse Up Sports Nutrition LLC recreated that image to sell a competing pink-colored drink by having social media influencer Paige Hathaway pose in a similar looking white bathing suit in front of gym equipment, according to the suit.
“Both images incorporate, amongst other similarities, a blonde woman, dressed in a white bathing-suit, with white heels, posing next to metal gym equipment, and pink-colored energy drinks in a pink colored gym,” the complaint filed Monday in the US District Court for the Northern District of Illinois said.
Hathaway, whose Instagram account has 3.6 million followers, posted her image on July 27, and some users appeared to recognize the “images are nearly identical and that Defendants have intentionally attempted to copy” the Kardashian photo, Alani Nu’s complaint said.
“Rip off of @alaninutrition collab with Kim k,” one user commented, according to the complaint.
The allegedly infringing image isn’t a parody and instead served a commercial purpose of generating recognition and sales of the competitive Ryse Up drinks, Alani Nu said.
Hathaway appeared to acknowledge that she was mimicking Kardashian and promoting Ryse Up in responses to comments on her Instagram post, according to the complaint.
The photo is “misleading advertising that is deceiving the consuming public into believing Ryse Up’s energy drinks are associated with or sponsored by Alani Nu,” the complaint said.
Alani Nu sent a cease-and-desist letter to Ryse Up on July 28 but didn’t receive a response. That same day, Alani Nu also sent a copyright takedown request to Instagram, and the post was removed a day later.
Ryse Up didn’t immediately return a request for comment.
Greenberg Traurig LLP represents Alani Nu.
The case is Alani Nutrition LLC v. Ryse Up Sports Nutrition LLC, N.D. Ill., No. 1:23-cv-05196, 8/7/23.
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