See You In Kourt! Kardashian’s Khroma Beauty Range Taken Off Shelves After Lawsuit
Kim, Khloe and Kourtney Kardashian’s Khroma Beauty makeup range was set to hit shelves in the U.S this month but has reportedly been pulled from stores following a court order.
More than 5,000 retailers were set to start selling the cosmetics line this month but a Florida-based company called Kroma Makeup is suing their licensing partner for ‘stealing’ its name.
Kim Kardashian claims she thought up the name, but Kroma’s owner Lee Tillett trademarked the Kroma name back in 2010. A cease-and-desist letter was sent to Boldface, the company that produces the Kardashian-fronted Khroma line, when the range was first launched.
Miss Tillett sought $10m (£6.67m) in damages from the sisters and Boldface Group Inc for ‘stealing’ the name of her cosmetics line, claiming there could be confusion in the market place.
The Kardashian sister’s company was tipped to be hugely popular and guaranteed to make at least $6.2 million. According to Law360, the judge presiding over the case understands Tillett’s point:
“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.”
Each of the sisters is being sued as they all have products in the line, though the injunction is not yet effective. Should Boldface appeal the decision, the decision could be changed.
Tillett first contacted the reality stars in July 2012 when she claimed they were infringing 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.”
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.
Los Angeles-based company Chroma Makeup Studio is also suing for alleged trademark infringement.
Too bad, the Kardashians are going to need all the makeup they can get to cover their red faces!