A. Introduction
Kim Kardashian, who is herself making an attempt to turn out to be an legal professional, is no stranger to media consideration – or authorized battles. Just this week, a further trademark fight began when “Beauty Concepts[, ] a productive Black- and female-owned company that sells skin treatment items and presents expert services out of its retail locale in Brooklyn, New York underneath the SKKN+ trademark” sued Kardashian and her linked entities and companions (collectively, “Kardashian”) for trademark infringement based on her SKKN BY KIM trademark purposes covering a new line of magnificence products and solutions.[1]
Plaintiff Beauty Concepts is making an attempt to gain manage of the narrative against Kardashian, a grasp of media, by characterizing this as celeb bullying: “The recommendation that a smaller, entrepreneurial Black- and female-owned enterprise is not entitled to its prior rights in a virtually equivalent mark that is afterwards pursued by a celebrity’s huge, greater part-owned company raises really serious thoughts about, amongst other issues, the motives and legitimacy of the Kardashian/Coty Defendants’ actions and arguments.”[2]
In response, Kardashian and her attorney Michael Rhodes have said[3]:
We consider the situation is considerably less about the legislation of emblems and far more about trying to leverage a settlement by threatening to harm Ms. Kardashian’s identify and name, [and that while they] applaud Ms. Lunsford for staying a tiny small business owner and next her dreams. [] that doesn’t give her the right to wrongfully declare that we have carried out anything mistaken.
Immediately after a number of months of pending apps and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”), their dispute will go to federal court docket in the United States District Court docket for the Jap District of New York, right before Decide LaShann DeArcy Corridor and Justice of the peace Choose Marcia M. Henry.
B. Factual Track record & Procedural Posture
Kardashian as a movie star surely desires no introduction. As to this dispute, Kardashian also has various elegance and retail models, which includes SKKN BY KIM, one of her newer skincare makes.
Magnificence Principles alleges it has been making use of the mark SKNN+ continuously in relationship with skincare merchandise because at minimum August 2018 and applied to sign-up SKNN+ style and phrase marks setting up in March 2021.[4] Kardashian used to register SKKN marks beginning in July 2021.[5] Kardashian expressly abandoned at least two of those apps, for lessons 10 and 44.[6] “The USPTO has [since] issued Workplace Steps on at the very least 5 (5) of the Kardashian [] apps for SKKN BY KIM citing a likelihood of confusion with Elegance Concepts’ prior-submitted SKKN+ application.”[7]
In or about July 2021, Elegance Concepts uncovered out that Kardashian was organizing “to launch a new pores and skin-treatment line less than the brand SKNN and/or SKKN BY KIM” and attempted to question Kardashian to abandon these programs, arguing that “due to Ms. Kardashian’s prominence, Attractiveness Ideas was also possible to be speedily overshadowed by the Kardashian/Coty Defendants’ brand name and would probably practical experience major and irreparable brand name hurt as a outcome of this confusion.”[8] Kardashian allegedly rebuffed these efforts and moved forward with their very own programs for SKKN BY KIM. Attractiveness Principles opposed those purposes, and these consolidated proceedings have now been stayed.[9]
Throughout the remain of proceedings, Kardashian “launched [the] new skin care line under the trademark SKKN BY KIM”.[10]
The SKKN BY KIM website[11] prominently functions rolling photographs of Kardashian and guarantees to usher in “a new era of skincare” based on minimalist packaging, and vegan and cruelty-totally free formulas. The “basics” 3-piece bundle expenditures involving $147 and $173.
SKKN+[12] largely options salon facial solutions at its appointment-only salon in Brooklyn, New York which vary in price from $125 to $150. A “shop” link attributes merchandise from IsClinical, together with many products and solutions which are not offered on line but only for in-shop obtain.
Beauty Counter focuses on the subsequent things to exhibit a probability of confusion:
- Kardashian emphasizes the SKKN portion of the mark, relatively than the terms BY KIM[13]
- Kardashian’s goods claim to be a “home different to professional facials and for use by qualified estheticians”[14]
- In general similarity of the marks and products and expert services
- “numerous users on social media have mistakenly tagged Beauty Concepts’ @skknplus social media accounts when referencing the Kardashian [] items.”[15]
Splendor Counter provides promises for trademark infringement and reverse confusion (15 U.S.C. § 1125(a)) point out trademark infringement legislation (N.Y. G.B.L. § 360-k-m) illegal deceptive functions and company practices in (N.Y. G.B.L. § 349-50) civil conspiracy and unjust enrichment (New York prevalent legislation).
C. Realistic Implications
Although the situation has only just been submitted, it will be an attention-grabbing case to watch must it development. Initial, this circumstance exhibits the issues for more compact companies in guarding their manufacturers, particularly when comparing regional and countrywide marketplaces and in opposition to celebs and celeb makes. 2nd, Kardashian has signaled they will increase questions as to the similarity of the products and expert services and regional arrive at – at initial glance, a regional facial salon could not have the achieve to exclude Kardashian from a nationwide skincare company. 3rd, the complaint does not request preliminary injunctive reduction. Of study course, trying to find preliminary injunctions and short term restraining orders is normally an uphill struggle, this situation displays the worries of article hoc efforts to proficiently set the cat back again in the bag: SKKNS BY KIM has by now introduced and attracted important focus and shoppers, which might conclusion up driving.
