A California appeals court ruled the couple have "a likelihood" of winning their case against Chad Hurley, who posted the video on his new website MixBit.
Hurley argues that a confidentiality agreement that he signed was not binding.
But the couple's lawyer said his clients should be "reimbursed".
Eric George said: "By improperly advertising Mr West's and Mrs Kardashian West's intellectual property on his new website, Mr Hurley got significant value."
Hurley also claimed that he didn't leak information as the proposal was filmed for the reality show Keeping Up With the Kardashians.
Kardashian and West's lawyers claimed Hurley broke the confidentiality agreement by posting the two-and-a-half minute video and he was "liable for claims of fraud and unjust enrichment".
Image caption The couple married in Florence in 2014
Hurley's lawyers have appealed, arguing that he has free speech rights.
Kanye proposed to Kim in October 2013 at San Francisco's AT&T Park while an orchestra played and family and guests looked on.
They married in May 2014 in Florence, Italy, after hosting lavish pre-wedding celebrations in France.
The couple have not stated how much money they are seeking from Mr Hurley.
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