The couple launched their initial lawsuit after YouTube co-founder Chad Hurley posted footage of Kanye going down on one knee - accompanied by fireworks and an orchestra - on his new internet venture MixBit.
The couple alleged Chad was not invited to the proposal, on Kim's 33rd birthday on October 21 at the ATT Park in San Francisco, and the
billionaire had 'manipulated' his way into the private event, and was only allowed to stay after signing a confidentiality agreement.
Chad's counter suit claims he was never told he wasn't allowed to shoot or distribute the footage, and he was only approached after the proposal by a person with a waiver, who told him it was a release so they could use his image on TV. Chad claims he signed the document without reading it and it is invalid as he was misled about what it contained.
Chad is asking for the case to be thrown out of court and for Kim and Kanye to pay his legal costs.
Although Kanye has previously said he doesn't want to be featured on 'Keeping Up with the Kardashians', he allowed his proposal to be included in the show as a one-off.
He said: 'I felt like this is a moment she would like to have and would like to share, and just have that documented. And we could decide later or not to air it.'
The couple's lawsuit is for unspecified damages, and claims the footage was intended to be shown on M C Cable Television, an arm of Bunim/Murray and E!, which produces and broadcasts Kim's reality show.
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