Fiji Water fires back at Fiji Water Girl with countersuit

She’s the girl known for photobombing celebs at the Golden Globes. Now the Fiji Water Girl is in a bitter dispute with the brand that made her famous.

Kelleth Cuthbert in hot water, hit by a countersuit from Fiji Water.

Fiji Water is countersuing the so-called “Fiji Water Girl” after she launched her own legal action against the company.

The brand claims in court papers that model Kelleth Cuthbert (real name Kelly Steinbach) has “bitten the hand that feeds her” and has wrongly turned on “the very company that is entirely responsible for providing her the opportunity and the means to capitalise on her fleeting 15 minutes of internet fame”, the New York Post’s Page Six has exclusively learned.

Kelleth Cuthbert is accused of dishonouring her contract with Fiji Water. Picture: Instagram

Kelleth Cuthbert posted this picture in her Golden Globes frock just before the red carpet arrivals, not knowing it would her last selfie before she became a viral social media sensation. Picture: Instagram

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The legal floodgates opened after unknown Steinbach became famous overnight for photobombing celebs on the red carpet at the Golden Globes while serving bottles of Fiji Water.

But days after the hoopla, Steinbach sued Fiji Water and The Wonderful Company, alleging in legal papers that they “intentionally created cardboard cutouts of Steinbach for use in a cardboard cutout marketing campaign” and that she’d been “pressured … into video recording a fake signing of a fake document to simulate Steinbach signing on as a Fiji Water Ambassador.”

Fiji fired back in LA Superior Court papers filed on Friday, local time, by alleging Steinbach’s claims are false, and that she’s the one who’s “materially breached” a contract which permitted the use of her likeness in Fiji ads.

Fiji alleges in its counterclaim that Steinbach and her team agreed to a one-year deal that would give her $A90,000 ($A127,000) as a brand ambassador, and that Fiji could use her “name, likeness and performance” during the term. The brand claims that she confirmed she was a brand ambassador in a local TV interview and was then videotaped signing the agreement last month at the brand’s offices — where she was allegedly shown the cardboard cutouts and told about the plan to place them in stores.

But Steinbach then “took the only signed copy of the Consulting Agreement with her.”

Steinbach’s legal team has argued that the document was not an agreement, and that she later destroyed it. Fiji’s fired back that the document’s legit — and enforceable.

As part of its countersuit, Fiji included an image that Steinbach allegedly posted on Instagram of herself posing with the cutout, captioned, “Met my doppelganger today.”

Either way, the cutouts also went viral, and paparazzi captured a shot of singer John Legend shopping at a Bristol Farms in LA with Steinbach’s likeness behind him.

Days later, Steinbach’s lawyers contacted Fiji to throw cold water on the campaign, and the cutouts had to be removed.

Fiji also alleges that Steinbach agreed not to promote competing brands and that she’s breached her deal by appearing in other campaigns, and on shows including The Bold and the Beautiful.

Look who was on the #BoldandBeautiful set today! 👀 #ifyouknowyouknow pic.twitter.com/xxSN6TEpGs

— Bold & The Beautiful (@BandB_CBS) 14 January 2019

Steinbach’s side has argued she created $US12 million ($A16.9 million) in exposure for Fiji — and she wants monetary damages.

Fiji wants her case to be tossed as well as compensatory damages and legal fees.

Steinbach’s lawyers did not immediately comment.

The model’s reps have said in a previous statement: “Suing Fiji Water was a last resort for Ms. Cuthbert who had hoped to discreetly resolve this dispute. Fiji Water used her image without a contract, without consent and without paying her, all for Fiji Water’s financial gain. Models make a living off the use of their image. No one would expect other professions to work for free. Fiji Water’s cardboard cutout campaign used Ms. Cuthbert’s image unlawfully and she just wants what is fair.”

This article originally appeared on The New York Post and was reproduced with permission.

Originally published as Fiji Water fires back at Fiji Water Girl with countersuit