Like the ancient Greek Hydra, the Kardashian sisters are a
kind of three-headed monster in the celebrity world. The Greek analogy is relevant
because the Kardashian sisters have been accused of some monstrous Greek
infringement. A make-up artist recently accused the Kardashian sisters of
infringing her Kroma mark, "kroma" being the Greek word for "color."
As reported by the Orlando Sentinel and the Huffington Post, Lee Tillett, last week, sued the Kardashian
sisters, alleging they infringed her Kroma makeup line. The Kardashians have a
line of cosmetics called Khroma with an "h". Tillett is seeking $10 million in
Tillett is responding to a November lawsuit filed by the
Kardashians' licensee, Boldface Licensing Branding. In that lawsuit, Boldface is
seeking a declaratory judgment of non-infringement.
"Consumers ... immediately associate Boldface's Goods offered
under the KHROMA BEAUTY BY KOURTNEY, KIM AND KHLOE mark with the Kardashians
and Boldface," Boldface argues, "eliminating any possible confusion with other
potentially similar marks, including the Tillett's Marks ...."
Boldface goes on to describe Tillett's Kroma mark as a
descriptive term, it being the Greek word for "color." Thus, Boldface argues,
the mark lacks any inherently distinctive meaning and is conceptually weak.
"Tillett's KROMA mark is also commercially weak," Boldface
continues, "due to the widespread third party uses of marks that are
phonetically identical and visually similar to cosmetic and beauty related
goods and services."
Boldface lists the third-party uses of "Croma" and "Chroma."
Tillet counters by pointing out that two years prior to
Khroma's launch, she and Kim Kardashian's rep discussed a product placement
deal and Kroma's alignment with Kim Kardashian for certain public appearances. She
also notes that the USPTO rejected Boldface's trademark registration on the
basis of confusion with the Kroma mark.
"[Defendants] have so saturated the market," Tillet argues, "that
potential customers are likely to be misled into thinking that Tillet's
cosmetic line originates from Boldface, and that Tillett's Kroma® mark is
associated with the Kardashian Sisters."
Sign in with your Lexis.com ID to access Trademark Law resources on Lexis.com or any of these
Mathew Bender Trademark Law publications:
Click here to order Trademark Law
treatises/resources and Mathew Bender publications.
View the LexisNexis
Catalog of Legal and Professional Publications
here for a list of available LexisNexis eBooks.
Click here to learn more about
For more information about LexisNexis products and solutions connect with us through our corporate site.