Kim Kardashian Files Lawsuit Over Infamous Vampire Facial
Kim Kardashian has filed a lawsuit against an Alabama doctor over the use of her name and likeness in commercial advertising without her permission.
As fans of the E! star will remember, Kim got what’s known as a “vampire facial” during a 2013 episode of Kourtney & Kim Take Miami. Five years later, Kim took to her website to share that she regrets getting the facial and will “never” do it again, explaining it was “really rough and painful” for her. Now, Kim is suing Charles Runels and Cellular Medicine Association for using her name and photos without her permission in order to promote their procedures, similar to the vampire facial.
The complaint, filed by Kim’s attorneys, is for copyright infringement, infringement of registered mark, false association, violation of the right of publicity and California common law trademark infringement.
“Defendant Charles Runels is a doctor in Alabama. In characteristically self-promoting fashion, he describes himself alternatively as the ‘Orgasm Doctor’ and the ‘Calvin Klein of medicine,'” the court documents state. “To that end, while he appears to maintain a small practice in Alabama, most of his time is spent touting the various cosmetic procedures he has purported to trademark—including, as relevant here, the Vampire Facial.”
The docs note that while Kim and Kourtney Kardashian did “get” a vampire facial, it was years ago and they had “certainly never licensed their name in connection with the procedure.”
“Upon further investigation, Ms. Kardashian was horrified to discover that her name and likeness were plastered all over Runels’ website (www.vampirefacial.com),” the docs continue. “Just below a post disclaiming any association with the Vampire Facial provider from which patients had contracted HIV is a photo captioned, ‘Bar [Refaeli] & Kim Receive the Vampire Facial® Procedure.'”
The docs also provide evidence of Kim’s photos on the website.
“When Ms. Kardashian reached out to Runels and his trademark attorney to demand that he cease using her name and likeness without her consent, he not only refused to take down the pictures of her and references to her; he had the temerity to demand that she pay him,” the docs state. “The Defendants’ use of Ms. Kardashian’s name and likeness is not, and never has been, authorized. The Defendants have never sought Ms. Kardashian’s permission to use her as a ‘face’ for their products and services, and Ms. Kardashian has never given such permission.”
The docs also note, “Ms. Kardashian’s actual endorsement for a nationwide campaign such as this would command a fee well into eight figures (assuming she would even agree to do such a campaign, which she most assuredly would not).”
In response, the doctor has taken to his website to post a blog about the lawsuit. He also tells E! News, “The name Vampire Facial, that is my intellectual property.” Dr. Runels also says that he owns the name and Kim used it on the TV show without his permission.
He shares, “I feel like this is someone shaking down some little doctor for something that is public knowledge.”
E! News has reached out to Kim’s rep for comment.
Article via EOnline
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R. Kelly’s Ex-Wife Will Sue Lifetime Over Misleading ‘Surviving Part 2’ Promo
Update 12:56 PM PT — Drea hopped on “TMZ Live” and it’s pretty clear why she’s livid with Lifetime. Drea says her main beef with Lifetime is the lack of support for the women after the documentary was released. She straight-up says she’s gonna sue Lifetime for including her in the ‘Surviving Part II’ trailer when she vehemently said she would NOT take part in the doc.
R. Kelly‘s ex-wife is out to make it known she has nothing to do with the second installment of the ‘Surviving’ docuseries … and has a list of reasons why she declined to participate.
Drea Kelly says the new official trailer for “Surviving R. Kelly Part II: The Reckoning” is misleading to audiences … because it makes it looks like she was involved.
That’s because the trailer shows a clip of Drea from the original ‘Surviving’ docuseries that aired in early 2019 — in which she had a substantial role — and she’s not happy about it.
Drea says she’s been adamant about refusing to be part of the follow-up, but despite her requests to not be linked to it … Lifetime did it anyway.
She says she got a lot of negative backlash from the public after the series aired, but on top of that, she has many grievances with the network and production company. She says her requests to not contact her kids and family members about ‘Part II’ were ignored, and there has been a general lack of support, security and aftercare for survivors who participated.
Drea says she wants to reiterate — “she has no involvement, did not approve any footage or stills of her likeness and is not actively promoting, nor consulting the follow-up series.”
It’s interesting because another notable person is featured in the new trailer — Kelly accuser, Lisa Van Allen. However, she also told us herself she has nothing to do with ‘Surviving Part II’ because she’s not pleased with how Lifetime has been handling the subject matter.
Article via TMZ
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A 5-year-old Alabama boy was shot and killed when his family got into a fight
A five-year-old boy was shot and killed in Alabama when his family got into a fight Saturday, police said.
Two family members pulled weapons and began shooting at each other during a fight when Tanarius Moore was struck around 2:30 p.m., a statement from Birmingham Police Sgt. Johnny Williams said.
Moore suffered a gunshot wound to the head and was transported to a hospital where he later died, Williams told CNN.
Although Williams would not specify how the suspects were related to the boy, he told CNN that one suspect was taken into custody and a second suspect it still at large. Detectives are still questioning the suspect in custody, Williams said. Neither suspect has been named by authorities at this time.
Moore, also known as TJ, was a linebacker and running back for the Huffman Hurricanes, a youth football team in Birmingham, his coach Tabios Darden told CNN.
Darden remembered TJ’s “infectious smile” and said the boy was the “best player on our defense.” The day he was killed, he had been selected to play in the All-Star game, Darden said. The team plans to retire Moore’s jersey number in his memory.
CNN has reached out to members of TJ’s family for comment.
Photo Credit: fox2now.com
Meth, sedative found in Kamille ‘Cupcake’ McKinney’s body, court testimony reveals
BIRMINGHAM, Ala. (WIAT) — During a hearing Tuesday for Patrick Stallworth, one of the suspects in the murder of Birmingham girl Kamille “Cupcake” McKinney, prosecutors said that meth and a sedative were found in the 3-year-old’s body.
Patrick Stallworth, 39, was charged in late October with capital murder, alongside 29-year-old Derick Irisha Brown, in Kamille “Cupcake” McKinney’s death. On Tuesday, the court found probable cause to send his capital murder case to a grand jury.
Stallworth and Brown have been persons of interest in the case ever since the toddler’s abduction from a party at the Tom Brown Village public housing community on Saturday, Oct. 12.
McKinney died of asphyxiation that same day, investigators said. Her body was recovered 10 days later in a dumpster at a north Jefferson County landfill.
According to the prosecution’s argument, the evidence reveals Stallworth and Brown were together for the entirety of the Saturday McKinney disappeared. They say, around noon that day near Tom Brown Village, Stallworth and Brown offered candy to middle school girls. Surveillance video shows Stallworth purchasing candy at a Shell station near Tom Brown just minutes before interacting with the girls. Surveillance video from a Center Point Parkway gas station also shows Stallworth purchasing a pill for erectile dysfunction and an energy drink later that night. Prosecutors said phone records substantiate Stallworth’s admission that he was at the Tom Brown Village on Oct. 12. Stallworth admitted to giving children candy at the housing authority, prosecutors said. The prosecution also pointed to a video from a Tom Brown resident showing an interaction between a man and children, who then follow him off-camera.
During lead homicide Detective Jonathan Ross’ testimony Tuesday, he said children told Birmingham police investigators they saw McKinney get into a vehicle matching the description of Stallworth’s SUV. The children said the driver had been handing out candy at Tom Brown Village, Ross testified.
Evidence from a mattress inside the suspects’ apartment indicates blood and a mixture of DNA from Stallworth, Brown, and McKinney, prosecutors said. Prosecutors said meth and Trazodone, the latter of which was prescribed to Stallworth for sleep, was found in McKinney’s system.
According to the defense, there was no DNA evidence of a sexual assault and no indication that she was killed or abducted by Stallworth. The defense claims he went to sleep at his apartment and upon waking, saw Brown and McKinney on the couch. Stallworth then told Brown to take McKinney back home before he fell asleep again, the defense said. According to the defense, when Stallworth woke up, Brown was next to him in bed, and there was no sign of the child.
Prosecutors said Stallworth was interviewed multiple times and denied knowing anything about McKinney. After her body was found, he told investigators a different story. His defense says he lied in earlier interviews because “he loved Brown.” The defense says Stallworth’s presence at his apartment is not evidence of a crime and that it was Brown who told investigators where to find McKinney’s body.
Originally scheduled to be held jointly with Stallworth’s preliminary hearing, Brown’s hearing is taking place Friday before Judge Clyde Jones. If convicted, Stallworth and Brown could face the death penalty.
Photo Credit: fox2now.com
Special education teacher accused of making student sit in soiled pants for 2 hours to ‘prove a point’
ACWORTH, Ga. – A Georgia special education teacher faces a felony charge of cruelty to children after she allegedly made a boy who had defecated in his pants sit in his own waste.
The Atlanta Journal-Constitution reports that Kelly Lewis made the 5-year-old Frey Elementary School student sit in his soiled pants for nearly two hours Nov. 21.
Witnesses told investigators that Lewis wanted to “prove a point” about restroom habits, the paper reports.
“Said child did suffer redness and irritation to his buttocks as well as mental pain as a result of the teacher’s actions,” according to an arrest warrant obtained by the Marietta Daily Journal.
Cobb County sheriff’s deputies arrested the 56-year-old teacher Dec. 4. She posted a $5,720 bond and was released from the Cobb County Jail.
Nan Kiel, press relations coordinator with the Cobb County School District, told the Journal that parents have been notified and Lewis is on administrative leave during the investigation.
Kiel said a note was sent to parents reading in part, “Cobb is committed to ensuring that our students have a safe and supportive environment so they can achieve success.”
Photo Credit: fox2now.com
Family devastated after veterinarian euthanizes wrong dog
DAVIS COUNTY, Utah – A family in Utah is devastated after a veterinarian mistakenly euthanized their dog.
KUTV reports that the Martinez family took their dog Ziggy to the veterinarian when he began having breathing problems and difficulty keeping food down. They were told he’d need surgery, which they agreed to despite the cost.
“He was our baby, it was my daughter’s best friend, my dog’s best friend, it was ours,” Andrea Martinez told KUTV. “Money wasn’t an issue.”
They left Ziggy for the night and were told they would be called after his surgery. At 2:30 a.m., the hospital called and told them Ziggy passed away.
“He kept beating around the bush about it, but he was saying it like I should’ve known,” said Martinez. “’Then he got back on there and he apologized and said, ‘I’m so sorry that this happened, we got confused and ended up calling another dog’s mom.’”
KUTV reports that during Ziggy’s surgery, the veterinarian realized the procedure would be more expensive than originally thought, so the office called who they thought was Ziggy’s owner. It was the owner of another dog named Ziggy. That person told the office to let the dog go.
“I just wish we would’ve had the say, I wish we would’ve been able to say we tried everything that we could have,” said Martinez.
The veterinarian’s office has been very apologetic, she said. It waived the family’s bill, gave them an urn and a plaque and a Christmas ornament with Ziggy’s paw print.
KUTV was unable to reach the veterinarian for comment.
Photo Credit: fox2now.com
MO woman accused of stealing credit cards during babysitting jobs
BALLWIN, Mo. – The St. Charles County Police Department issued a warning Monday about a suspected babysitter thief.
The suspect, 48-year-old Laura Templeton of Ballwin, has allegedly been preying upon unsuspecting mothers. There were three known victims and possibly more, police said.
Templeton came recommended through Facebook groups and a babysitting service called Care.com and showed up for jobs with her 11-year-old daughter, police said. In at least three cases, moms found their credit cards were missing after Templeton was done babysitting.
The most recent known case was November 23.
“She went through the lady’s home and stole her wallet and her credit cards and her debit cards…then she went shopping,” said Val Joyner of the St. Charles County Police Department. “She made several fraudulent purchases: household goods, holiday purchases, and gas. She did this approximately 30 minutes after she left the victim’s home.”
She used the victim’s credit cards for six purchases at a Walgreens in Ballwin and a Petro Mart in Chesterfield for a total of $376.76, according to a court document.
The purchases were recorded by surveillance cameras, police said.
She used a card stolen from a babysitting job in Wentzville in August at the Mobil on the Run on Wentzville Parkway, according to prosecutors. She allegedly tried to use a stolen card at the nearby Walmart and simply left the store with $295.42 worth of items in her cart when the card was denied.
Templeton’s been charged with five counts of felony stealing and two counts of credit card fraud but she remains at large.
“We’re just encouraging anyone who feels they may have been victimized or may even know where she is, to contact us (at 636-949-3000, ext. 2523),” Joyner said.
Templeton also tried to use cards stolen while babysitting in Richmond Heights but the cards were denied, according to police.
Photo Credit: fox2now.com
San Diego County Sheriff’s Deputy Gets Less Than 4 Years in Prison for On-Duty Misconduct With 16 Women
A former San Diego County sheriff’s deputy who admitted to on-duty misconduct with 16 women was sentenced Tuesday to nearly four years in prison.
Richard Fischer, 33, had pleaded guilty to multiple charges including assault and battery by an officer back in September.
The women said Fischer groped, hugged or tried to kiss them while he was on the job.
However, only two sexual misconduct charges were filed against Fischer, and those were dropped as part of a plea deal.
The sentence included 44 months in prison followed by 16 months of post-release supervision.
The San Diego Union Tribune reports that the judge chose not to order Fischer to register as a sex offender.
The former deputy and the Sheriff’s Department are also named in numerous lawsuits. The county has already paid out $900,000 to settle several suits.One of the claims against Fischer came from a former San Diego State student who alleged he groped her after a 2012 traffic stop and that she was pressured by deputies not to file a formal complaint.
Photo Credit: ktla.com
Maine man charged with turning church playroom into meth lab
A Maine man has been charged with turning a kids’ playroom in a Methodist church into a meth lab.
Matthew Anderson, 33, was busted after officials at Buxton United Methodist Church alerted police on Thursday to “suspicious activity” inside an upstairs playroom at the house of worship, Buxton police said.
Officers then called in the Maine Drug Enforcement Agency after finding “items that are consistent with the manufacturing process of methamphetamine,” the force revealed in a statement.
Anderson was charged with unlawful operation of a methamphetamine lab. He was being held in York County Jail after failing to post his $50,000 bond, police say, and is due in Alfred Superior Court on Jan. 24.
via: https://nypost.com/2019/12/08/maine-man-charged-with-turning-church-playroom-into-meth-lab/
Photo Credit: Buxton Police Department