Los Angeles (E! Online) - Talk about a kiss-off.
A Los Angeles judge has granted Teri Hatchers request that a lawsuit filed against her by cosmetics company Hydroderm be moved out of the courtroom where it was due to be litigated and into arbitration.
The skin-care conglomerate sued the Desperate Housewives star for $2 million back in December, claiming she breached a November 2005 exclusive endorsement deal with Hydroderm by publicly promoting products by rival company City Cosmetics despite a no-competition clause.
The company said it would never have hired her as a celebrity sponsor after learning that that she agreed to be interviewed about using Citys cosmetics line and allegedly credited City Cosmetics with helping her to appear beautiful at an awards event.
Hydroderm was also ticked that Hatcher posed for photos showing her applying CityLips pout plumper, which is a direct competitor to its own lip enhancer, Volumizing Lip Serum.
Hatchers name, image and likeness have been linked to so many competitors products (at least 17!) that it is anyones guess as to what product keeps her skin and lips youthful, read the suit.
After mulling it over, Superior Court Judge Helen I. Bendix sided with the 43-year-old actress lawyers, who argued that both parties were legally bound by a Nov. 30 agreement drafted by Hydroderms lawyers to arbitrate the dispute instead of duking it out in a trial.
In court papers, the former Bond girl denied violating her endorsement deal, saying that she had lived up to her end of the bargain by performing a number of services for the company. Those included plugging Hydroderms anti-aging antidotes in a full-day photo shoot with a top fashion photographer to create first-class advertising and promotional materials for Hydroderm.
Hatcher also claimed she made invaluable personable appearances and television opportunities to promote its products to its target audience.
The thesps camp declined to comment on the situation. But Hydroderms lawyer, Robert Heller, issued a statement from the company suggesting that wherever the case is adjudicated, its breach-of-contract allegations will be borne out.
What happened yesterday has no bearing on the merits of the case. Its simply a procedural matter going from the public courts to private arbitration, read the statement. Hydroderm is not surprised that Teri Hatcher and her high-priced Hollywood lawyers and publicists would want this case out of the public eye. This legal maneuvering will not change the fact that Ms. Hatcher breached the contract with Hydroderm and Hydroderm will prevail in whatever form.
A status hearing in the case has been set for Sept. 11, by which time the arbitration process should be completed.
Hatcher is currently on a forced break from the Housewives set, which has been shuttered since December due to the ongoing writers strike. But that hasnt kept the small-screen siren from lining her pocketbook with another celeb endorsement. Last summer, Hatcher signed on to be the face of fashion house Badgley Mischkas fall ad campaign, taking over from the Olsen twins.
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