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Deee-lite Singer Sues Sega
Video game character called a rip-off
Posted Apr 29, 2003
12:00 AM
  
Kierin Kirby (a.k.a. Lady Miss Kier), formerly of the pop-dance act
Deee-lite, is suing the Sega video game company for allegedly copping her
image, vibe and trademark diva looks.
The suit, filed Monday in Los Angeles Superior Court, claims that
Sega's character Ulala, of Space Channel 5 and Space Channel 5 Part 2
"bears a striking physical similarity and likeness to plaintiff."
Kirby is charging the company with infringement of right of publicity,
misappropriation of likeness, unfair competition, unjust enrichment and
other claims.
"The similarities and likenesses include the same or nearly the
same distinctive make-up, large eyelashes, doe eyes, red/pink hair, pony
tails, cute backpacks, mini-skirts, knee-socks, knee-high boots, and
platform shoes," the lawsuit reads. "The similarities and
likenesses are so close that viewers, listeners, and consumers were and are
confused or likely to become confused between Ulala and plaintiff."
Another point of potential confusion between Ulala and Lady Miss
Kier is the 1970s' funky vibe of the games, its music and the character's
dance moves, allegedly similar to the moves and style in the music video
for Deee-lite's international hit "Groove Is in the Heart" from
their 1990 album World
Clique. In addition, the suit points out that the name Ulala is a phonetic
spelling of Lady Miss Kier's signature expression "ooh-la-la."
The singer further claims that between May and July 2000 Sega asked
to license her likeness, image and name for the games for roughly $15,000,
but she declined. She is now seeking more than $750,000 for their misuse.
CARRIE BORZILLO-VRENNA
(April 29, 2003)
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