The Kardashian's
debut cosmetics line has been pulled from stores following a court order.
Kim, Kourtney and Khloe announced
their range, Khroma Beauty, last year and they were planning to roll-out it out
at more than 5,000 retailers across the U.S. this month. But the trio have
been stopped from distributing their beauty products, as a Florida-based
company called Kroma Makeup is suing their licensing partner for 'stealing' its
name.
The firm's owner Lee Tillett trademarked the Kroma name back in 2010 and she
sent a cease-and-desist letter to Boldface, the company that produces the
Kardashian-fronted Khroma line, when the range was launched. Miss Tillett sought
$10m (£6.67m) in damages from the sisters and Boldface Group Inc for
'stealing' the name of her cosmetics line. She claimed that the girl's company, for which they were guaranteed to make at
least $6.2 million, would cause confusion in the marketplace. And it seems like the
judge on the case agrees, according to Law360: 'Tillett has demonstrated that
[she] will likely lose business opportunities, customers and goodwill due to
Boldface’s use of the confusingly similar Khroma Beauty marks,' said U.S. District
Judge Audrey B. Collins in her ruling.
'The court has little
doubt that, in short order, the Khroma Beauty products will likely eliminate
Tillett’s business entirely, creating irreparable harm sufficient to justify an
injunction.'
While this injunction is preliminary at this point (non effective yet) and
could be postponed if Boldface appeals the decision, the future isn't looking
great for the famous sisters.
Tillett first raised
the issue with the girls in July 2012 when she claimed it infringed on her
Kroma Make-up line, which she founded back in 2004.
Florida native Miss
Tillett told the Orlando Sentinel: 'I developed the Kroma line myself,
built my business through my own hard work, and took the legal steps necessary
to protect it.
'And yet I have now
been forced into legal battle with the Kardashians simply because they have
decided to take something that doesn't belong to them.'
On the Kroma website it states the word means colour in Greek, but adds how
Miss Tillett used her 22 years (experience) of creating looks for thousands of
women' and 'personally selected all of the shades and has personally made all
of the formulas.'
And in her formal
federal court response she claims the promotion of Khroma was likely to mislead
customers into thinking her line is associated with the Kardashian sisters.
She added: 'The false
association is damaging … and threatens to destroy its business.'
According to the
counter-claims, Boldface has paid the Kardashians an upfront advance of $1m for
licensing rights, with guaranteed minimum royalty payments of $4.6 (£3.07)
million to $5.2 (£3.47) million, depending on launch dates of various products.
As part of the deal,
they allegedly have some power over the product line and that Kim 'proposed' it
be called Khroma.
Miss Tillett's
attorney Elliot Gipson claims the 32-year-old should have known better.
He pointed to discussions by representatives for himself and TLK Fusion, which
allegedly acted as Kardashian's product-placement agent for a show that was
being produced by Kim.
He said: 'On or about
May 2010, representatives for Tillett and TLK Fusion were engaged in
discussions regarding the possible product placement of the KROMA cosmetics
line on the television reality show special The SPINdustry that was scheduled
to air on E! Entertainment Television following an episode of Keeping Up With
the Kardashians.'
No deal was ever
reached, but if this is true she could have had advance knowledge that the name
was already in use.
Kardashian spokesman
Todd Wilson claims the sisters 'have acted properly at all times'.
This is not the only
lawsuit the product line is engulfed in at the moment.
Los Angeles-based
Chroma Makeup Studio is also suing for alleged trademark infringement.
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