Kanye West and Kim Kardashian's lawsuit against one of YouTube's co-founders should move forward, according to a new court report (via Billboard). Chad Hurley, who was present at the couple's October 2013 elaborate engagement where West proposed with the help of a 50-piece orchestra playing Lana Del Rey's "Young And Beautiful" at San Francisco's AT&T Park, uploaded footage of the moment online.
Hurley was reportedly not invited to the proposal but was given permission to stay after he signed an agreement not to post any video or image of the evening. However, he disregarded the document and uploaded video footage of the proposal to his new website MixBit. The footage, which was intended for use on the family's reality show Keeping Up With The Kardashians, then went viral.
West and Kardashian are seeking unspecified damages from Hurley and his company, Avos Systems, Inc., though Hurley tried to appeal the lawsuit, arguing that the First Amendment protected him. Now Billboard reports that a California appeals court has rule that Hurley's appeal "lack[ed] merit" and that "Kardashian and West have shown a likelihood they could win their case."
Kimye's lawsuit says that Hurley broke the confidentially agreement by posting the 2.5 minute video and that he is liable for claims of fraud and unjust enrichment. The couple's lawyers "have shown that Hurley's new venture, MixBit, was not doing well, he posted the video on MixBit, which provided it with significant publicity, and he did so within hours of leaving the event. A jury may reasonably infer fraudulent intent from these circumstances," the opinion states.
Following their engagement, the couple was married in May 2014 in Florence, Italy after pre-wedding festivities in France.
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