Grande alleges fashion retailer used ‘uncanny’ likeness in its branding after she had declined to enter into partnership

This article is more than 1 year old

This article is more than 1 year old

Ariana Grande is suing Forever 21 for at least $10m (£8.2m) in damages for alleging they used her likeness in a branding campaign designed to “suggest to the viewing public” an affiliation between the pop star and the American fashion retailer.

The lawsuit states that Forever 21 asked Grande to partner with the brand in late 2018 but she declined. Lawyers for Grande allege that Forever 21 subsequently plagiarised imagery from the video for Grande’s single 7 Rings, released in January, for an advertising campaign.

Forever 21 disputes the allegations but said it could not comment on pending litigation.

One post on Forever 21’s Instagram account showed a Grande lookalike wearing a high ponytail – the star’s signature look – and hair accessories comprising pink puffballs and sparkly tassels, as Grande does in the 7 Rings video. The caption beneath the image quotes a lyric from the song: “Gee thanks, just bought it!”

Facebook Twitter Pinterest A branch of Forever 21 in Jakarta, Indonesia. Photograph: Muhammad Fadli/The Guardian

Another showed a model in purple camouflage trousers, pink high heels, long white socks and trailing belt, another look worn by Grande in the 7 Rings video. The lawsuit also cites posts from Forever 21’s Instagram account that included images of Grande from the video to her song Thank U, Next.

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The lawsuit declared the resemblances to be “uncanny”, claiming: “Forever 21’s intent was clear: to suggest to the viewing public that Ms Grande endorsed Forever 21, its products and was affiliated with Forever 21.”

It added that one Instagram post by Grande is worth “well into the six figures”.

Grande notified her lawyers about the images in February. Forever 21 agreed to take down all unauthorised posts, but the images remained on the brand’s social media account until mid-April, the lawsuit states.

Grande’s lawsuit alleges that her right to publicity was violated, along with false endorsement, trademark infringement and copyright infringement. It claims that Forever 21 was looking to boost its fortunes as the company prepares for a potential bankruptcy filing.