The lawsuit, which cites "violation of right to privacy" and "right of publicity" was filed today in Los Angeles County Superior Court.
In a statement to TMZ Kardashian says, "This tape, which was made three years ago, and was meant to be something private between myself and my then boyfriend is extremely hurtful not only to me, but to my family as well. I am filing legal charges against the company who is distributing this tape since it is being sold completely without my permission or consent."
TMZ spoke to Vivid Entertainment Co-Chairman, Steven Hirsch, who said, "We are very confident in our legal position."
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