A federal judge has ordered Britney Spears to explain why she failed to respond to a pre-emptive lawsuit filed by a diet supplement maker who claims the pop star’s lawyers threatened to sue for using her image without permission in marketing.
The complaint originated in a moment of clumsiness, when Spears was seen spilling a bottle of diet supplement Zantrex-3 at London’s Heathrow airport in October 2003 and scrambling to pick up the pills.
The fumble was captured by a flock of paparazzi, and London’s Daily Express devoted a whole page to the incident.
A trio of Utah companies behind the supplement capitalised on the accident by invoking Spears in advertising, but they claimed Spears’ lawyers ordered them to stop citing the episode or they would be sued.
Zoller Laboratories LLC, DG Enterprises and Basic Research LLC are asking a federal judge to declare they have violated no federal or state law with their marketing practices.
Their lawsuit was filed in US District Court in November, but it took months to finally serve Spears with the papers.
US District Judge Paul Cassell on Tuesday ordered Spears to explain why she failed to respond to the complaint by the September 1 deadline. The pop star has until October 22 to reply to that order.
If she fails, the companies will win a declaration approving their actions by default.