The model who went viral after photobombing the Golden Globes red carpet while holding a tray of Fiji Water bottles is suing the brand for using life-size cardboard likenesses of her without permission.
Kelleth Cuthbert, whose real name is Kelly Steinbach, has sued Fiji Water Company and The Wonderful Company, claiming they illegally tapped her viral fame to boost their brand by using her image in a promotional campaign without her approval, the Blast reported.
Cuthbert claims in court documents obtained by the website that on Jan. 7, a day after the 76th Golden Globes awards show, Fiji Water “intentionally created cardboard cutouts of Steinbach for use in a cardboard cutout marketing campaign”—without having first signed a contract with her for the right to use the model’s image.
Cardboard cutouts of Cuthbert were spotted in various locations, according to the report, including one that was photographed by paparazzi in West Hollywood featuring a surprised-looking John Legend wheeling a cartload of groceries outside a Bristol Farms store, with a likeness of Cuthbert in the background.
The model further alleges that on the following day—Jan. 8—the company tried to rush a deal through with her agent and ply Cuthbert with “gifts to entice” the model to pen a contract signing over her rights. The lawsuit also claims that Fiji “pressured Steinbach into video recording a fake signing of a fake document to simulate Steinbach signing on as a Fiji Water Ambassador.” Fox News reported that her legal team said the document was not an agreement and that the model later destroyed it.
The lawsuit also argues that Fiji attempted to offer “gifts to entice” Cuthbert to sign her rights away, and even “pressured Steinbach into video recording a fake signing of a fake document to simulate Steinbach signing on as a Fiji Water Ambassador.” Her legal team claims the papers she signed were not an agreement and were later destroyed by the model.
Cuthbert was reported by Blast as saying that Fiji knowingly leveraged her image without a contract to underpin its legal use, and as such wants the company to stop using her likeness and cough up cash for the monetary damages.
A Fiji Water representative told the Guardian newspaper, “This lawsuit is frivolous and entirely without merit. After the Golden Globes social media moment, we negotiated a generous agreement with Ms. Cuthbert that she blatantly violated. We are confident that we will prevail in Court. Throughout our history, we have had a sterling reputation working with talent.”
Model Steals the Show—Fiji Nabs $12 Million in Exposure
The Fiji Water Girl stunt has proved lucrative for the brand, with marketing analytics firm Apex Marketing Group estimating the viral story was worth about $12 million in brand exposure.
This woman holding FIJI Water at the #GoldenGlobes truly came to SERVE. pic.twitter.com/Aln54zOhKY
— E! News (@enews) January 7, 2019
“Since this went viral it took the (brand) exposure to a new level not seen in prior Golden Globes,” Apex Marketing Group president Eric Smallwood told Yahoo Finance.
But not everyone was impressed with the ploy.
Actress Jamie Lee Curtis voiced her frustration on Twitter for being photographed with Fiji water products in the background as she posed on the red carpet. “I knew there was a photographer poised & I moved as I didn’t want to be doing advertising for either,” she wrote on Twitter. “The sponsors of events need to get permission from people before they try 2 take their picture with them.”
Cuthbert claimed she wasn’t trying to steal the attention from all the famous stars.
“I was absolutely shocked,” she told Inside Edition. “I mean, it’s the Golden Globes. You would think the coverage would not be about me.”
She told PEOPLE that her modeling instincts kicked in, and she often just happened to be “looking at the camera at the right time.”
“There’s tons of photographers everywhere. It doesn’t matter where you stand, you’re in the crossfire of every shot,” she told the magazine. “You’ve gotta have good face, at least, if you’re gonna be hovering in the background frequently.”
However, she seemed to tell the Los Angeles Times that she knew exactly what she was doing when she photobombed such big celebrities.
“It’s all strategic,” Cuthbert told the publication. “You’ve got to angle.”
