The Real Housewives of New York star and businesswoman Bethenny Frankel recently filed a federal lawsuit against ByteDance’s TikTok.
The creator of the Skinny Girl line of products is suing the popular short-form video app for using her likeness. She also alleges that TikTok has ignored her requests to remove unauthorized content that misappropriates her likeness to promote counterfeit goods.
The lawsuit, which seeks class-action status, demands unspecified monetary damages and a permanent injunction barring TikTok from misusing the “personas, voices, content and/or likenesses” of Frankel and other potential members of the class.
So why is Bethenny Frankel suing a favorite video-sharing app? We give you a lowdown of this lawsuit and how it could transform the whole industry.
8 Unauthorized Old Video Of Bethenny Frankel Was Used To Promote Knockoffs
The suit, which was filed Thursday in U.S. District Court for the Southern District of New York, alleges that an unauthorized old video of Bethenny Frankel was used to promote a counterfeit designer cardigan on TikTok.
The lawsuit also alleges that the footage was taken from a previous video of Frankel discussing a cardigan and that it was doctored so that she appeared to promote a knockoff version of the product.
7 Bethenny Frankel Released Statement About Lawsuit Against TikTok
Bethenny Frankel's team have released a statement about the incident after fans showed concern she had "sold out," and was "hawking" cheaper, counterfeit products.
“It came to my attention that TikTok was disseminating videos using my proprietary content without my consent to sell merchandise with which I have no affiliation,” the former housewife said in a statement. “I’ve discovered that this is a widespread issue affecting creators of all sizes across the space. It’s unacceptable, and I want to be a voice for change and use my platform to create a shift in the industry.”
6 Did TikTok Delete Bethenny Frankel's Video About Stolen Content
Bethenny Frankel, who has 2.8 million Instagram followers and nearly 1 million TikTok followers, was notified of the allegedly stolen content in September.
The court documents also reveal that 51-year-old Frankel posted about the allegedly stolen content "with the intent to inform consumers of the deception," but TikTok ironically flagged her post as "abusive" and removed the video. She has since posted a few additional videos addressing the situation and her lawsuit.
5 Bethenny Frankel Claims Her Reputation Has Been Damaged
According to the lawsuit, the reality star is seeking monetary damages, claiming that her reputation has “suffered significant injury and irreparable harm” due to the fake ad.
In a TikTok video posted on September 18, Frankel said, “This is something that has to be addressed, because it’s a breeding ground for scams.… What if this really, really damaged my image? Because a lot of people are feeling like, Oh, she sold out.”
"Consumers and creators are being exploited with no recourse or power to defend and protect themselves. That ends now," she wrote as part of a long Instagram caption about the lawsuit.
4 Bethenny Frankel Is Challenging TikTok's Advertising Policy
Bethenny Frankel is also challenging TikTok’s advertising policy, as she claims that the platform currently does not “police” this type of behavior. The lawsuit states that influencers like herself are forced to “constantly monitor for and police any unauthorized use of their name, portrait, picture and voice to ensure that counterfeiters and other unauthorized parties do not peddle counterfeited and other unauthorized products using their personas, voices, content, or likenesses.
"This requires substantial time and investment from the content creators, effort which is not always successful, and it is not compensated by TikTok in any form whatsoever," the official paperwork adds. TikTok has responded to the allegations claiming they do have "strict policies to both protect people’s hard-earned intellectual property and keep misleading content off of TikTok."
3 Former RHONY Star Wants To Change The Whole Industry
Bethenny Frankel isn't just concerned with her own image and reputation, she is concerned with the whole industry and how it is regulated. The RHONY alum says that this is a widespread issue affecting creators of all sizes across the platform and needs to be stopped. The activist has decided to use her voice for change to help others.
"When you look at advertising on television, it’s highly regulated. TikTok ads are getting millions-upon-millions of views — exponentially more than TV — and yet it’s the Wild West of advertising."
"There is little-to-no effort made to regulate and police that content, and we’re going to change that."
2 Has TikTok Responded To Bethenny Frankel's Claims?
In response to this paper, TikTok noted that they have strict rules to make sure that the content created by influencers and celebrities is protected. The company also stated that the app has policies in place to make sure their customers are not cheated.
The statement read: “We have strict policies to both protect people’s hard-earned intellectual property and keep misleading content off of TikTok. We regularly review and improve our policies and processes in order to combat increasingly sophisticated fraud attempts and further strengthen our systems.”
1 Bethenny Frankel's Popularity Has Skyrocketed On TikTok
Bethenny Frankel's TikTok popularity skyrocketed over the last year. The chef, entrepreneur and reality star makes videos about fashion and beauty as well as revealing gossip about the entertainment video. With around a million followers, Frankel's sometimes eccentric videos has made her a new favourite for the video-sharing website.
The opinionated reality star has taken her brand of honesty to the app, posting videos about Adam Levine, Kim Kardashian and guests who appeared on her short-lived chat show. She also posts the videos on her Instagram page.
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