WHITE PLAINS, N.Y. (Legal Newsline) — Television personality Bethenny Frankel has filed a class action lawsuit against TikTok alleging its platform was used to sell counterfeit products with her name and likeness without permission or compensation.
Frankel, on behalf of herself and all others similarly situated, filed a complaint filed a complaint Oct. 6 in the U.S. District Court for the Southern District of New York against TikTok Inc., alleging civil rights violations and other claims.
Frankel, according to the class action, is a well-known TV personality, influencer, philanthropist and best-selling author. She alleges that "unscrupulous companies and individuals" have used her and class members' images, voices and content to sell counterfeit items through TikTok's platform.
Frankel further alleges a TikTok video she posted warning consumers of the unauthorized and illegal use of her persona to sell counterfeit goods was removed from the platform as "abusive" content. She claims she and other class members did not give permission for their persona, voice, content and likeness to be used to market counterfeit products and that they did not receive any compensation for the use of their personas or materials.
Frankel also claims that although now removed, the videos on TikTok's platform using her name, portrait, picture, voice and content have received nearly 3,000 comments from users who viewed the videos and its contents, which has also deprived her of the ability to "control her reputation."
Frankel and the class seek monetary relief, trial by jury, interest and all other just relief. They are represented by Jonathan Sedgh of Morgan & Morgan in Brooklyn, N.Y., and John Yanchunis, Jean Sutton Martin and Ryan McGee of Morgan & Morgan Complex Litigation Group in Tampa, Fla.
U.S. District Court for the Southern District of New York case number 1:22-CV-08503