WHITE PLAINS, N.Y. (Legal Newsline) - TikTok is asking a federal judge to toss a lawsuit filed against it by television personality Bethenny Frankel, who claims her name and likeness has been used without her permission on the platform to sell counterfeit products.
TikTok's Dec. 22 motion to dismiss filed in New York says Frankel has agreed to arbitrate any disputes with it and that it is protected by Section 230 of the Communications Decency Act.
Section 230 immunizes online platforms from lawsuits over user-generated content.
"Ms. Frankel's claims against TikTok arising from alleged third-party content - content that, notably, Ms. Frankel admits was removed from TikTok's platform - suffer from fundamental and incurable legal defects that require dismissal with prejudice," the motion says.
TikTok also says Frankel, of Connecticut, can't make a right of publicity claim under New York's Civil Rights Law.
Frankel, according to her class action lawsuit, 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."
TikTok says her claims fail, as she tries to hold the company liable for permitting and failing to police third-party content.
Section 230 was passed precisely to shield platforms from liability for such claims," the motion says.
The user agreement with TikTok stipulates arbitration of disputes, the company adds