A spokesman for St James's Palace said official legal proceedings would begin tomorrow.
"It is the first airing and we will be seeking an injunction from them using the pictures and it will lead to a longer court case where damages will be sought," he said.
The announcement of legal action comes as Prince William and his wife continued their tour of south-east Asia, while the Irish edition of Daily Star became the second publication to use the photos reportedly taken while the royal couple was on a holiday in France.
Italian magazine Chi said it would print a special 26-page edition featuring Kate Middleton's photographs tomorrow.
The French magazine Closer and Chi are reported to be both part of former Italian Prime Minister Silvio Berlusconi's Mondadori media group.
Meanwhile, speaking to BBC, ex-Prime Minister John Major the photographer's actions were those of a "peeping Tom" and a boundary had "plainly been crossed".
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He said: "The way (these photographs) have been obtained is tasteless. It is the action of a peeping Tom. In our country we prosecute peeping Toms. That's exactly what they have done and they have been peeping with long lenses from a long way away. They're very distasteful."
Major praised the British press for not publishing the photographs.