Kim Kardashian and Kanye West’s lawsuit against Chad Hurley, the YouTube co-founder that uploaded a video of the rapper’s proposal on his new website, MixBit is now in progress. A California appeals court is allowing the couple’s lawsuit to move forward.

Kim and Kannye filed a suit against Hurley in 2013 when he posted a video of Kanye’s proposal, which took place on Kim’s 33rd birthday, on his new site without authorization. On March 2014, Hurley’s lawyers filed an appeal against a ruling of a Los Angeles judge who decided that the case can proceed. On April 22 however, the 2nd District Court of Appeal in Los Angeles upheld this original ruling. According to the Court, the power couple have exhibited a high chance that they have the capacity to win the case based on claims of “breach of contract, fraud, as well as unjust enrichment,” as reported by Page Six.

The defendant, argued that he uploaded the video because the confidentiality agreement he signed did not cover and therefore, not binding to his new site, MixBit. However, the court deemed his argument is lacking in merit. Moreover, he uploaded the video of the proposal even before it was officially shown on the couple’s reality show, “Keeping Up with the Kardashians.”

It could be remembered that Kanye’s proposal, true to his style and image, was both elaborate and grand. As Kim’s 33rd birthday present from the rapper, now her husband and the father of their child, North West, Kanye proposed in October 2013 at San Francisco’s AT&T Park. The proposal was nothing short of interesting, because it even involved the Chicago Symphony and a Jumbotron message that read "PLEEEASE MARRY MEEE!!!” The proposal was meant to serve as the main highlight of the then still upcoming season of “Keeping Up with the Kardashians,” but Hurley ruined it by uploading his footage on MixBit. This promptly riled the couple and led them to file a lawsuit. "Hurley proceeded to try to turn the event into one starring himself, broadcasting the images he knew were the exclusive property rights of someone else," the couple asserted in their lawsuit.

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