Late Anna Nicole Smith’s property rights holders have filed a lawsuit against fashion label Von Dutch, accusing the brand of using the star’s name and image to promote products without permission.
According to the legal complaint, Von Dutch did not receive consent from Smith before her death in 2007, nor from the entity now controlling her rights, to use her likeness in marketing or product lines. The estate asserts that any portrayal of Smith in connection with Von Dutch’s merchandise is unauthorized and infringes on her posthumous publicity rights.
The dispute centers in part on a recent social media post by Von Dutch. In April, the company shared a photo on Facebook of Smith from her 2004 appearance on “The Tonight Show with Jay Leno,” in which she wore a black cowboy hat with pink lettering. The caption read, “Our iconic Anna Nicole Smith hat from her original VD collection.”
However, representatives of Anna Nicole Smith’s estate refute the implication of any official collaboration involving that specific item. A source familiar with the situation claimed that the hat in question was not part of a sanctioned collection and that Smith made no mention of it during her appearance on the talk show.
While Smith had previously worked with Von Dutch on a fashion line, the estate contends that the agreement did not include enduring rights for the company to use her name, image, or likeness beyond the terms of that partnership.
Anna Nicole Smith, a model, actress, and reality television star, died of a drug overdose in 2007 at the age of 39. Her daughter, Dannielynn Birkhead, turned 18 last year and is now legally an adult.
Requests for comment have been sent to Von Dutch, Anna Nicole Smith Inc., and Larry Birkhead, Dannielynn’s father. As of the time of publication, none have responded.
