Dua Lipa Samsung lawsuit
Dua Lipa contests Samsung's bid to trash £11M lawsuit @dualipa/Instagram

Dua Lipa told a US judge that Samsung's attempt to end her $15 million (about £11 million) lawsuit would leave foreign stars unprotected when companies use their faces to sell products in America. Her lawyers filed a 30-page response on 15 October accusing the company of 'theft' over a backstage photo that appeared on TV boxes sold across the US.

There is an awkward commercial twist. Her filing says she has done paid partnerships with Versace, Yves Saint Laurent, Porsche and Apple, which it describes as Samsung's direct competitor. Her lawyers say shoppers used to seeing her in deals like those would assume the Samsung box was another one, even though she never agreed to it.

Does English Law Decide Dua Lipa's Rights?

Samsung says her own complaint shows she is based in the UK, pointing to her chart-topping albums, seven Brit Awards and a British GQ cover. It argues that England does not recognise a right of publicity, which is a person's right to control commercial use of their identity, so English law should govern two of her claims.

Lipa's team says chart success doesn't determine where someone lives, or that the same facts would put her in the US. They warn that Samsung's reasoning would let any brand use a foreign celebrity's image in California whenever that star's home country has no such law. 'None of these arguments excuse Samsung's theft,' the filing states.

Her lawyers add that England would not help Samsung much anyway. A 2015 Court of Appeal ruling found Topshop liable for selling T-shirts printed with a photograph of Rihanna, under a claim called passing off, which covers businesses that falsely suggest a celebrity backs their product. Lipa's side says the same claim would be open to her.

Is a Face on a Box a Product Feature or an Endorsement?

Samsung says the photo was part of a TV home-screen image, illustrating XITE HITS, a music video channel on Samsung TV Plus. Lipa's lawyers say her face is the dominant element on the box and nothing marks her as channel content.

Her complaint cites a fan who said they had not planned to buy a TV until they saw the box. Samsung called posts like that 'tongue-in-cheek social media hyperbole.' Her side sees them as proof that shoppers took the photo as a celebrity endorsement.

Samsung has also said a content partner assured it that permission was in place, and it denies any intentional misuse. That partner has not been named.

Has Samsung Faced a Celebrity Image Fight Before?

In 1992, the Ninth Circuit let Vanna White pursue claims over a robot dressed to look like her, and its rulings bind the court hearing Lipa's case. Her lawyers say Samsung 'did far more here: it used an actual photograph of Plaintiff.' Pelé filed a $30 million (£22.5 million) suit over an alleged lookalike in 2016, and the court dismissed it in 2018 after settlement talks, so Lipa is not the first star to sue Samsung over her image.

What Will Judge Snyder Decide on 14 December?

Judge Christina A. Snyder hears Samsung's motion on 14 December. Samsung has not challenged the substance of Lipa's copyright claim; it has only argued that her complaint does not identify which Samsung company copied the photo. If the judge finds gaps, Lipa has asked for the chance to fix them rather than see the case thrown out.

Dua Lipa's case against Samsung could show whether artists based outside the US can rely on California law when their image appears on products sold there.