JLM was granted a preliminary injunction against Cheval in March 2021 as a result of her use of the @misshayleypaige social-media accounts. The injunction prevents her from using Hayley Paige, a trademark owned by the company, in any public setting. A judge denied Cheval's request to dissolve the preliminary injunction and issued a separate order modifying it on July 25.
In response, Gutman announced her resignation from the company in an Instagram video, claiming that JLM locked her out of the @misshayleypaige social-media accounts and barred her from using her own name in a business context.
According to the "About" page for the @misshayleypaige Instagram, the account was created on April 6, 2012. (Two years later, in 2014, a Pinterest with the @misshayleypaige handle was also created, according to JLM's complaint.)
JLM "believed that Gutman's decision to take over the Main IG Account [@misshayleypaige] was a negotiation tactic to obtain leverage" as she renegotiated her contract with the company, the complaint said.
The posts advertised "the goods of third parties, such as olive oil, beer and nutritional supplements, none of which were approved by JLM," the complaint said. In October 2020, Gutman posted a giveaway for the avocado oil brand Chosen Foods on the @misshayleypaige account (pictured above).
On November 3, Murphy informed Gutman on behalf of JLM that it would not give her ownership rights to the @misshayleypaige Instagram account after they reached a new agreement, according to the complaint.
JLM's complaint alleges that "in a fit of anger" after hearing that the company wouldn't give her ownership of the Instagram account, Gutman removed both links to JLM and Hearts on Fire from the @misshayleypaige page.
When the company again requested that Gutman post JLM-related content to the @misshayleypaige Instagram account, the designer insisted the page belonged to her rather than the brand, according to the complaint.
The issues between Gutman and JLM came to a head in December 2020, with JLM suing the designer over her use of the @misshayleypaige Instagram account "as her own business platform as if she were an influencer," the company's complaint said.
The order prevents Gutman from posting on the @misshayleypaige accounts without approval from JLM, and she was forced to turn over passwords for the Instagram, Pinterest, and TikTok page, according to a statement JLM provided to Insider on December 27.
The press release challenged Gutman's claims that she owned the @misshayleypaige Instagram account and denied that Gutman could not post anything on the page. A JLM representative told Insider at the time that Gutman was not barred "from accessing the brand's social media accounts."
In an Instagram video posted on December 29, 2020, Gutman said she requested through her lawyers that JLM "pause the litigation and start a conversation about a graceful end" to their professional relationship, as well as drop the temporary restraining order against her for 60 days. Gutman also requested that she be given back the rights to her name, as well as sole control of the @misshayleypaige social-media accounts.
The response notes that the @misshayleypaige account was verified as a "public figure" account in 2017, making it an account for a person rather than a company, though the page has since been changed to be verified as a "clothing brand."
The filing goes on to provide declarations from JLM employees who viewed the account as Gutman's personal page, as well as emails from employees that refer to the @misshayleypaige account as Gutman's page. The documents also include an excerpt of an email from Murphy regarding his view of the company's ownership of the Hayley Paige name.
In addition, the motion claims that the followers of the @misshayleypaige Instagram account noticed when JLM took over posting to the page for Gutman and commented messages supporting Gutman, indicating the page is not the same without her personal voice. The comments on the @misshayleypaige account have since been disabled.
The memorandum doubles down on JLM's stance that Gutman was never the owner of the @misshayleypaige social-media accounts, arguing that her assessment that the existence of personal posts on the main Instagram account does not indicate that she owned the page.
Gutman submitted 300 photos in her filing to demonstrate the @misshayleypaige account was personal in nature, but the JLM team noted that the account currently has 5,879 posts on it, which means 95% of the posts were business-related.
In addition, the memorandum addressed the emails Gutman included in her briefing from JLM employees who referred to the @misshayleypaige Instagram as her account, writing that those employees were not "in positions where they were privy to the details regarding JLM's contractual arrangements with, assignment of duties to or acquisition of rights from Gutman."
The statement went on to say that Gutman hadn't told her followers that she had "secretly licensed" her name to her fiancé so she could do business through him and allegedly avoid the terms of her contract. The statement also noted that Gutman used the @misshayleypaige accounts to promote Chosen Foods and Optimum, which violated her contract with JLM.
"JLM Couture filed a First Amended Complaint naming Mr. Clevlen as a defendant because, since filing its original Complaint in December 2020, it has come to learn the specific role Mr. Clevlen has played in facilitating and profiting from side deals by improperly using JLM's exclusive trademarks," the spokesperson said. "JLM alleges that Mr. Clevlen used the @misshayleypaige trademarks, without the consent of JLM, to secure third-party side deals." 041b061a72