The photo was taken in September 2016 by photographer Manual Munoz when Kardashian was dining at Miami restaurant Komodo with her sister. The set was licensed to the Daily Mail as an exclusive.
In legal documents, Xposure Photos claims they would have profited from the shots had Kardashian not shared them on social media. They are now seeking $150,000 in damages from Kardashian .
The company says in a statement,
“Kardashian’s Instagram post made the photograph immediately available to her nearly 67 million followers and others, consumers of entertainment news — and especially news and images of Kardashian herself, as evidenced by their status as followers of Kardashian —who would otherwise be interested in viewing licensed versions of the photograph in the magazines and newspapers that are plaintiff’s customers.”
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