- in Contracts
Fiji Water hired Kelleth Cuthbert as a model to promote their product at the Golden Globes. Cuthbert took this opportunity to etch her name in history. Rather than just offer the product, she strategically photobombed celebrities on the red carpet of the as they were having their pictures taken. The story incidents went viral and you can see Cuthbert, now known as the Fiji Water Girl, wearing her blue evening gown carrying a tray of Fiji Water and starting right into the camera easily stole the spotlight.
Here’s the tea. After becoming a social media hit, Cuthbert sued Fiji Water for creating an unauthorized marketing campaign based off of the Golden Globe moment using her likeness. The company created cardboard cutouts of Cuthbert and used them in offline marketing campaigns. She believed this alleged unauthorized use of her likeness has generated millions of dollars for the company. She’s demanding the company stop using the cutouts and compensate her for using her likeness.
Just a few days ago Fiji responded to the lawsuit by filing a counter suit the Fiji Water Girl. The company alleged the parties negotiated and entered into an agreement that allowed the company to use Cuthbert’s likeness in its marketing campaign in exchange for $90k.
This is why written agreements matter.
1. Destroying the agreement does not make it void.
2. Negotiate before entering a contract, you don’t want to end up with buyer’s remorse
3. Actions matter just as much as words.
What do you think of this situation? Does it make you want to tighten up your written agreements or start using them in the first place? Let me know in the comments. Also, if you need contract help, visit iprotectbrands.com to contact my office.