Anthony McCartney, AP Entertainment Writer

LOS ANGELES (AP)Kim Kardashian and Kanye West’s lawsuit against the co-founder of YouTube over leaked footage of their marriage proposal should move forward, a California appeals court ruled Wednesday.

Kardashian and West have shown a likelihood they could win their case against Chad Hurley, who posted footage of the couple’s elaborate marriage proposal two years ago on his new website, MixBit, said a three-justice panel of the 2nd District Court of Appeal in Los Angeles.

Hurley argued that a confidentiality agreement he signed was not binding on MixBit and that he didn’t leak confidential information about the proposal, which was filmed for the reality show “Keeping Up With the Kardashians.”

The 11-page ruling issued Wednesday says some of Hurley’s claims lack merit.

Kardashian and West’s lawsuit says Hurley broke the confidentiality agreement by posting the 2½-minute video and that he was liable for claims of fraud and unjust enrichment.

The couple’s lawyers “have shown that Hurley’s new venture, MixBit, was not doing well, he posted the video on MixBit, which provided it with significant publicity, and he did so within hours of leaving the event. A jury may reasonably infer fraudulent intent from these circumstances,” the opinion states.

Hurley’s lawyers had appealed a ruling by a Los Angeles judge who refused to dismiss the lawsuit. His lawyer argued to the lower court that Hurley’s First Amendment and free speech rights protected posting the video.

Hurley’s attorney, Rodger Cole, did not immediately return a phone message seeking comment.

West proposed to Kardashian in October 2013 at San Francisco’s AT&T Park while an orchestra played and family and invited guests looked on. They married in May 2014 in Florence, Italy, after hosting lavish pre-wedding festivities in France.

The couple has not stated how much money they are seeking from Hurley. “By improperly advertising Mr. West’s and Mrs. Kardashian West’s intellectual property on his new website, Mr. Hurley got significant value that must be reimbursed to my clients,” the couple’s attorney, Eric George, wrote in a statement Wednesday.

For more entertainment news from CBS Local, click here.

 

(Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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