Although Kendra Wilkinson can sue Vivid Entertainment, she can’t avoid the inevitable — the tape WILL be released!
Although Kendra Wilkinson might not want the sex tapes she made with an ex-boyfriend at the age of 18 to be seen, she’s out of luck. Several lawyers tell HollywoodLife.com that the reality star, now 25, can’t actually prevent the tapes from being sold — but CAN sue the seller, Vivid Entertainment, after the damage has been done. Let us break it down for you….
• Even if Kendra didn’t agree to allow Vivid Entertainment to sell her sex tapes, it doesn’t mean the company will follow the rules. Many times it’s more profitable for Vivid to publish the tapes anyway, even if they get sued later on down the line. “If you write a Cease and Desist letter, that’s good evidence later to nail someone or hold someone to greater damages,” LA based lawyer Anthony Kornarens says, explaining, “It doesn’t stop them from [selling the tapes], but it makes the consequences greater.”
• Because of her former career as a Playboy bunny, it will be harder for Kendra to prove she’s been wronged. “An added hurdle for Kendra is that with the Playboy background it’s a little harder to show that it would hurt her career or cost her money,” Nashville-based lawyer Adam Dread says,, adding, “However, if someone uses your likeness you certainly have the right to sue for the rights of ALL profits made using your likeness. If [Kendra] loses a TV deal because of this, she certainly could deal with that. The jury would have to decide.”
•There are loopholes! Depending on what state the tape is sold in, if the tape wasn’t considered to be Kendra’s ‘property’, she has little say as to what happens to it! “It differs from state to state, but the general rule is that, if the tape or photo isn’t your property to start with, then you can’t weigh in on its release,” one Massachusetts lawyer, who declined to be named, says. “That’s especially true if you are a public figure, because the law says famous people have less of an expectation of privacy than a normal person.”
— Laura Schreffler