The Kardashian family has built a business empire out of its reality television fame. However, its latest business venture was doomed by a $10 million trademark infringement lawsuit.
Khroma Beauty, the name chosen for the Kardashian’s new cosmetic line, faced a preliminary injunction that halted all product sales while the trademark infringement lawsuit was resolved.
The plaintiff in the case, Kroma Makeup, is actually the second cosmetics company to file suit against Boldface Licensing + Branding, which licenses the Kardashians’ names and likenesses.
In this trademark infringement lawsuit, By Lee Tillett, Inc. alleges that the Khroma Beauty product launch has caused and will cause substantial consumer confusion with its federally registered KROMA mark for cosmetics.
In granting a request for preliminary injunction, U.S. District Court Judge Audrey Collins agreed. She concluded that the marks both “sound identical” and “appear nearly identical.” She further noted that the “parties both sell cosmetics, and in fact, some of their products are identical, such as blush, compacts, gloss, lip kits, foundation, eye shadow, and bronzer.”
Given the likelihood of both infringement and irreparable harm, the court approved the injunction. “Tillett has demonstrated that it will likely lose business opportunities, customers, and goodwill due to Boldface’s use of the confusingly similar Khroma Beauty marks,” the judge held. “This Court has little doubt that, in short order, the Khroma Beauty products will likely eliminate Tillett’s business entirely, creating irreparable harm to justify an injunction.”
So now Khroma Beauty, the Kardashians’ makeup line, has changed its name to Kardashian Beauty.
The amount of time and money spent wrangling through the court system was easily avoidable. A trademark search by a qualified trademark attorney would have revealed these problems to the Kardashians’ and perhaps could have avoided eight months of legal fees.
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I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +