Thursday, March 14, 2013

Kardashian Khroma Beauty Served with Preliminary Injunction


Kardashian sisters' make-up line Khroma Beauty was served with a preliminary injunction by U.S. District Court for the Central District of California after getting into legal snafu with another similarly named beauty brand "Kroma".  This means that sales of the Kardashian beauty line will halt until a final decision is rendered. Apparently since Khroma was launched by the Kardashians, Tillett's line Kroma has seen a decrease in sales of 25%.

(Need a quick refresher? A recap can be found here).

Judge Audrey Collins wrote in her ruling, "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. 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."

Boldface Licensing + Branding, which owns the licensing rights to Kardashian's Kroma pleaded with the Judge to not grant the injunction as it would result in millions of dollars in lost sales. However, the Judge in evaluating the facts believe that no injunction would completely destroy Tillett's Kroma and that "the difference between the two is that Tillett has superior rights to Boldface. As a result, the balance of hardships tips sharply in Tillett's favor."

Tillett has graciously agreed to allow stores to continue to sell any Khroma products already in stock, but unless Boldface can get the Ninth Circuit to reverse the District Court, the preliminary injunction will hold.

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