Raymond Weil, S.A. v. Theron
United States District Court for the Southern District of New York
585 F. Supp. 2d 473 (2008)
Raymond Weil, S.A. (RW) (plaintiff), a luxury watchmaker, paid actress Charlize Theron's loan-out company, Denver and Delilah Films (DDF) (defendant), $3 million to use her image in advertising, with the contract barring Theron from publicly wearing competing watches or allowing her image to promote other watch or jewelry brands, subject to a five-day cure period after notice of breach unless a breach was incurable. Theron first breached by being photographed wearing Montblanc jewelry displayed on a poster at a trade show, which Montblanc removed within the five-day cure window after RW's notice; she later breached again by wearing a Christian Dior watch to a press conference at South by Southwest, resulting in photos that spread online and were used by a competitor. RW sued for breach, and both sides moved for summary judgment.
Whether contracts may contain provisions permitting a party to cure a breach of contract before the non-breaching party is entitled to sue over that breach.