On Kim Kardashian’s thirty-third birthday, Kanye West organized and held an elaborate, surprise proposal in the Giants’ AT&T Park in San Francisco featuring the Chicago Symphony. It’s reported his proposal asking Kim Kardashian to “PLEEEASE MARRY MEEE!!!” appeared on the Jumbotron at the stadium.

What is in conflict, is when Chad Hurley showed up at the party, was whether he intended to use the footage for his own needs for his MixBit video-sharing site. Mr. Hurley is reported to have shown up on the property and signed a non-disclosure statement and photographed with it in his hands. He had only been allowed on the property after signing the agreement. Mr. Hurley has allegedly tried several post-YouTube projects and MixBit being the latest. West and Kardashian feel that Hurley was using this footage to further his own interests.

The proposal footage was allegedly leaked onto MixBit, had been slated for broadcast on the “Keeping up With the Kardashians” reality show, and, caused a problem in keeping the show fresh reported by Rolling Stone. The lawsuit is about whether Hurley was using this footage for drumming up interest in his MixBit project.

West and Kardashian maintain that “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”. It was also alleged that Hurley used the footage to shore up failed business attempts.

Mr. Hurley appealed the lawsuit, however, the Second District Court in Los Angeles has upheld the ruling Wednesday, April 22, 2015 that Kimye had enough evidence to move forward with the lawsuit.