In court documents, obtained by The Blast, Clarke says she participated in a photo shoot for “Flaunt Magazine” back in March of 2019, in connection with a June 2019 issue of the publication. Clarke agreed on a one-time use in the June 2019 issue of the magazine and a single pre-approved promotional event in Shanghai. She claims she made it crystal clear to Flaunt that any other use of the photographs from the shoot was not permitted absent her express written approval.
Emilia Clarke claims Flaunt purported to grant a Chinese cosmetics company called Perfect Diary rights of her images that were not Flaunt’s to grant, wrongfully allowing Perfect Diary to commercially exploit her photographs, voice, name and likeness in connection with the promotion of Perfect Diary’s brand and products.
Emilia was recently named the first global ambassador for the beauty and cosmetic company Clinique. Clarke had previously turned down a $700,000 offer to work with Perfect Diary, and thus Flaunt’s alleged conduct had an adverse effect of creating a false affiliation between Clarke and Perfect Diary, the same cosmetics company she specifically rejected. Clarke alleges that numerous cosmetic companies who might have otherwise done business with her (including one company that was in negotiations with her for a multi-million dollar deal) were admittedly misled to believe she was already working with one of their competitors.
The GOT actress repeatedly demanded that Flaunt cease and desist from its alleged unauthorized exploitation and sale of her photographs, name, and likeness. She claims Flaunt “brazenly refused to curtail or remedy all of its wrongful conduct”. Clarke is seeking to recover the substantial compensatory and statutory damages to which she is entitled as a result of Flaunt’s alleged misappropriation of her valuable publicity rights.
Emilia Clarke was named the “Sexiest Woman Alive” by “Esquire” magazine and she claims her “hard-earned fame and success, her name, voice, and likeness have the ability to attract substantial consumer attention and evoke a desired response in a particular consumer audience”. Like the KarJenners, brand endorsements are a very lucrative way for celebrities to make a living or continue their success.
Clarke claims she has been damaged in excess of $5,000,000, including damage to the value of her name, likeness and goodwill, and the loss of monetary consideration that would customarily be paid by Flaunt to Clarke to license her name, voice, image and persona in connection with her endorsement or sponsorship.