Actress Reese Witherspoon has concluded her lawsuit against Sears after reaching a settlement between the company and other defendants. The lawsuit which began in 2013 was previously set to move forward through a trial later this month.
As reported by The Hollywood Reporter, Witherspoon's legal team has confirmed that she has reached a private agreement with the defendants which includes including Centerbrook Sales, Fragrance Hut, Gemvara and others. The settlement kept the litigation process from moving forward through trial which would have required Witherspoon's appearance to testify.
During trial in November, Sears asserted that they were not to be held liable for third-party businesses' illegal use of her publicity rights and trademark on websites. However, as reported by Toronto Sun, the defendant's arguments were rejected by Judge Gerald Rosenber who also considered Skye Associates' statement that Witherspoon's name was not a protectable slogan.
According to Vogue Witherspoon filed the lawsuit against the jewellery company, Sears, after it used her image in materials without her consent. She alleged that Sears as well as another online jewellery shop, Emitations.com, used her image and name in their advertising materials for their jewelleries which subsequently caused confusion among consumers.
The actress claimed that the company used her image in advertising their necklaces and earrings products. She also stated that the company sold imitation version of her engagement ring with her former husband Ryan Phillippe.
It is speculated that if a trial took place, Witherspoon would have been required to appear in court to testify as well present documents of consumer survey pertaining to the confusion in the marketplace due to the claims stated in the case.
Witherspoon's legal counsel Charles Harder confirmed the settlement that ensued between parties although its terms were kept confidential. Parties involved in the case informed a California judge that the lawsuit has come to a resolution.
