Not so fast; court reverses Miss Universe suit dismissal

Zuleyka Rivera

Known as Miss Universe of 2006 and the sultry woman in the “Despacito” music video, Zuleyka Rivera has been given the green light to pursue a lawsuit against a Puerto Rican department store that allegedly failed to pay her in a promotional deal.

The 1st U.S. Circuit Court of Appeals revived Ms. Rivera’s lawsuit over a reneged annual deal with Kress Stores of Puerto Rico Inc., which was granted in 2009 “exclusive rights to use her name, pageant title, image, and likeness for the development and promotion of, among other things, branded items of apparel and fragrances” for $125,000 per year for two years with an option to renegotiate — a deal that went sour in the years that followed, according to  Zuleyka Rivera v. Stores of Puerto Rico, Inc. et al., filed in Boston.

While the federal district court in Puerto Rico granted the department store’s request for a dismissal, the appeals court on Monday revived the case, stating the district court erred in dismissing the action based on the forum-selection clause in the contract — a procedural detail that will allow the case to proceed.