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Re:Marks on Copyright and Trademark

Kardashians’ Embroiled In Trademark Disputes Over KHROMA

By Erin Wright Lothson

The famous Kardashian sisters are making news again, but this time not for their well-known reality television show Keeping Up With the Kardashians. Kim, Kourtney and Khloe Kardashian launched a line of personal care and makeup products in 2012 under the mark KHROMA, and their beauty care products are currently sold at nationwide retaliers including CVS, Ulta, Sears and Kmart. However, the Kardashian sisters are being sued in federal court for trademark infringement for use of the mark KHROMA.

Chroma Makeup Studio, located in Beverly Hills, California, filed suit against the Kardashians to enforce its common law rights in the mark CHROMA, which the studio has used since 2001 in connection with cosmetics.

Kroma Cosmetics, located in Orlando, Florida, has also sued the Kardashains for trademark infringement. Celebrity make-up artist Lee Tillett filed a trademark application in November 2010 for her mark KROMA, and claimed a first-use date in commerce of 2004. Tillett’s KROMA mark achieved registration in January 2012, and Tillett now seeks to enforce the registration against the Kardashians.

Notably, the Kardashian’s licensing company filed an intent-to-use trademark application for the mark KARDASHIAN KHROMA in June 2012, but the application received an initial Office Action asserting a likelihood of confusion with Tillett’s KROMA mark, along with another mark owned by Kim Kardashian. It is also worth noting that the word “kroma” means “color” in Greek.

Since both of these lawsuits were recently filed, it remains to be seen whether the parties will settle out of court or continue to litigate these matters.

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