• Wed, Oct 31 2012

The Kardashians May Be Getting Sued Again

The Kardashians are pretty used to legal disputes at this point (or maybe they just like them?) because they can’t stop endorsing useless, terrible products. Today, the threats of legal action come from Beverly Hills-based beauty brand Chroma Makeup, who are incensed by the reality stars’ forthcoming makeup collection, Khroma (or, Khroma Beauty by Kourtney, Kim and Khloé).

Michael Rey, co-owner of Chroma With A C, spoke with TMZ about the potential lawsuit, asserting that the Kardashians’ brand “cheapens” his own and “creates confusion in the marketplace.” Which is to say, he’s concerned his customers will become “embarrassed” to say they wear Chroma because of possible confusion (moreover, Chroma products start around the $22 mark, while Khroma products will retail in drugstores).

The company has gone so far to release a full statement explaining their position over at their website, saying:

The recent releases issued by the Kardashians in regard to their Khroma Beauty product line have caused widespread confusion among our clients.  We have received many concerned inquiries from clients who are under the mistaken impression that Chroma Makeup Studio has somehow become associated with the Kardashians.  Chroma deeply apologizes for any confusion and upset that you have suffered as a result of the press releases and the circulating rumors and misinformation they have generated.  Rest assured, Chroma Makeup Studio, which has a long-standing reputation for high quality colour line cosmetics and services, is NOT endorsing low budget cosmetic products that will be sold in mass retail outlets.  Chroma is in no way associated with the Kardashians.

Federal trademark law is based on the fundamental policy that consumers must not be deceived by confusingly similar marks used in connection with similar goods and services in the marketplace.  We believe that the course of actions pursued by the Kardashians is violating that public policy. In addition, because our Chroma customers are being confused into maintaining the mistaken and incorrect belief that we have decided to market inferior cosmetic products, we believe that the Kardashians’ actions are damaging our business.  For these reasons, we want to assure all of our loyal customers and friends that Chroma Makeup Studio is taking all appropriate steps to defend its reputation and the 12 years of goodwill we have built under the CHROMA MAKEUP STUDIO trademark.

Chroma hopes the Kardashians will rename Khroma, but the reality TV stars’ licensing company has already fired back to say they’ve ”gone through the appropriate legal channels in obtaining the rights to use the name Khroma Beauty by Kourtney, Kim and Khloé in the Color Category with the United States Patent and Trademark Office, making all proper legal filings.”

They conclude, “We do not believe that there is any likelihood of confusion between Khroma Beauty by Kourtney, Kim and Khloé and any other entity, given that Khroma Beauty by Kourtney, Kim and Khloé is clearly marketed together with the famous Kardashian brand name and will be sold with singular and distinctive trade dress.”

We’ll see what happens.

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  • Darin

    Cant these ugly bitches go away!

  • sarahindecisive

    The Kardashians won’t be able to win this lawsuit simply because of trademark infringement. The Kardashians’ cosmetic line creates confusion between the two brands, and because Chroma is already an established makeup brand I don’t see how the Kardashians would be able to win, unless they were to do some dirty, under the table deals with the jury. (I wouldn’t put those wretched, scandalous, women past that, mind you.)