Kim Kardashian and Kanye West have not given up on the lawsuit they filed against YouTube co-founder Chad Hurley for posting a video of the rapper’s proposal to the reality star online at his new Internet venture, MixBit, despite signing a corresponding confidentiality agreement. You may recall that the famous couple filed a very strongly-worded complaint against Hurley in Los Angeles Superior Court in November 2013, which Hurley responded to by allegedly refusing to comply with “every single discovery obligation.” 

He also filed a motion to strike the complaint based on California’s SLAPP statute, which protects First Amendment-related rights, such as free speech, from frivolous litigation.  As part of his motion, Hurley claimed the confidentiality contract is unenforceable due to a lack of consideration (a vital element of any contract, consideration is a benefit that must be bargained for between the parties).  Hurley claims that he did not gain anything from attending the proposal party, and thus, the consideration element is not met, thereby voiding the contract.  Moreover, he argued that the video, which consists of footage of the couple’s October 2013 engagement, does not  constitute “confidential” information, and that it did not cause harm to Kardashian and West.

To this, Kim and Kanye’s legal team filed declarations with the court in support of its position that Hurley violated the confidentiality agreement and harmed the couple by posting the video online. One such declaration is from Kris Jenner, Kardashian’s mother, who said Hurley was not only not invited to the October 2013 proposal, he did, in fact, gain a benefit from attending the event — publicity.  Another declaration came from expert witness, David Stewart, a Loyola Marymount University marketing professor, who stated that the video financially harmed the couple because the family’s reality show, Keeping Up With the Kardashians, was scheduled to be the first source to reveal footage of the proposal.

Well, as of this past week, after a preliminary ruling in the famous couple’s favor was appealed by Hurley, a California state Appeals Court affirmed the Los Angeles Superior Court’s decision not to throw out the case.  While there is no official ruling just yet, Hurley’s attorney stated: “We’re hopeful that the California Court of Appeals reverses the finding that Mr. Hurley had any sort of nefarious or fraudulent intent.”