A decade ago, the leaders of the Chinese company Forgame encountered a familiar business challenge as gamers shifted from playing web-based games, which Forgame specialized in, to more casual games on mobile. In response, C.E.O. Dongfeng Wang decided to open American and European divisions, leading to the 2017 launch of Clothes Forever: a Western-friendly mobile game that allowed would-be fashionistas to dress up globetrotting cultural icons like Kim Kardashian, Beyoncé, and Taylor Swift. A surefire hit. Just one big problem…
In 2020, the influential musician and actress Selena Gomez sued the company, alleging they ripped off her identity and likeness for the game. The case has flown under the radar, but the outcome of the Los Angeles trial, which begins Oct. 3, could be monumental. The star herself will testify, along with two experts who will discuss what top-flight brands like Adidas, Louis Vuitton, and Coach pay for her endorsement. The latest filing reveals that Gomez will be seeking at least $10 million in compensatory damages for the image below on the left.
More importantly, the trial may be a taste of A.I. battles to come. After all, now that generative artificial intelligence is on the scene, it’s easier than ever to create content featuring the image or voice of a famous person. As Congress hears about the possible need for a federal anti-impersonation law to curb deepfakes, it appears likely that celebrities will turn to the patchwork of state laws dealing with digital doppelgangers. When they do, they’ll follow in the footsteps of Gomez.