A California appeals court has allowed Kanye West and Kim Kardashian’s lawsuit against YouTube’s co-founder to proceed. The rapper and reality star sued tech exec Chad Hurley after the former YouTube CEO leaked video footage of West’s surprise 2013 marriage proposal to Kardashian despite signing a confidentiality agreement.
West’s elaborate proposal to Kardashian, her 33rd birthday present from the rapper, took place in October 2013 at San Francisco’s AT&T Park, home of the Giants. The proposal, which involved the Chicago Symphony and a Jumbotron message that read “PLEEEASE MARRY MEEE!!!,” was meant to be the highlight of the upcoming season of Keeping Up With the Kardashians. However, Hurley, who was in attendance for the proposal, promptly leaked footage to his then-new video sharing site MixBit, resulting in a lawsuit from the pair.
Hurley’s legal team previously argued that, through a loophole, posting the video on MixBit wasn’t a violation of the confidentiality agreement, the Associated Press writes. However, according to West and Kardashian, Hurley snuck into AT&T Park with the intention of filming the proposal, and they only allowed him to stay on the property after he signed a non-disclosure agreement. Hurley was even photographed holding that document.
“Hurley proceeded to try to turn the event into one starring himself, broadcasting the images he knew were the exclusive property rights of someone else,” West and Kardashian claimed in their lawsuit, adding that Hurley used their proposal to drum up interest in MixBit after a few failed post-YouTube business attempts.
Hurley’s lawyers appealed the lawsuit last March, but the 2nd District Court of Appeal in Los Angeles ultimately upheld the ruling Wednesday, agreeing that Kimye had enough evidence to move ahead with their lawsuit. West and Kardashian are seeking unspecified damages.