My first objection to this is that Melissa Molinaro is not a look-alike but an actress/singer/model. The fact that she looks like Kardashian is through no fault of her own, the result of genetic predetermination and potentially cosmetic intervention. To bring a law suit against any company choosing to employ Molinaro is to effectively deprive her of earning a living because whatever she would do would put her employer at risk of "capitalising" on the Kardashian thing.
Secondly, it is argued that Old Navy is being sued for 'the unauthorised use of Kardashian's name, likeness, identity, and persona'. This is something I grossly disagree with. Kim Kardashian's personal style and image are not trademarked or copyrighted by her. She does not hold the exclusive rights to a big bum, black hair extensions and OTT glamour. We don't see Jordan a.k.a Katie Price suing over blonde glamour models with equally overinflated lips, breasts and greyhound ribs.
Furthermore we live in a society where fashion and style are bombarded and sold to us on every corner. If someone decides to pursue a particular look inspired by someone else, that's alright..Furthermore, Kim herself is unsurprisingly aware of this, just look at her youtube tutorials that teach her fans to copy her makeup exactly!
The fact that Molinaro naturally looks very similar to Kim should not impede her from working and pursuing her career. And even if we accept that the ad is cheekily exploiting Kim's image, it is still contestable that Kim's look is a hot commodity and her jet-set life one that people dream off. If that sort of appearance coupled with celebritydom is something that consumers wish to emulate, then Old Navy are meeting customer appetite rather than exploiting the Kardashian trademark (in the loose sense of the word). And even if this is not the case, the contention still stands and is a plausible one.
Thirdly, perhaps Kim's real problem is that Molinaro is dating her ex-husband Reggie Bush? The man certainly has a type.
Being a great believer in justice, I sincerely hope that Old Navy don't settle, that the case goes to court and that Kim gets slapped down for her sheer arrogance.