Kim, Kourtney and Khloe rebrand Khroma make-up line as 'Kardashian Beauty' to avoid $10m fine for 'stealing' name

By Sadie Whitelocks

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Khroma Beauty - Kim, Kourtney, and Khloe Kardashian's debut make-up line - has been forced to change its name to Kardashian Beauty.

WWD reports that the rebrand is being made to end an eight month-long trademark dispute between the sisters and a Florida-based company called Kroma Makeup, which sought $10million in damages.

An array of Khroma Beauty products had already been produced, promoted and were ready to hit more than 5,000 retailers across the U.S. but now the costly task of relabeling will begin.

Name change: Khroma Beauty - Kim, Kourtney, and Khloe Kardashian's debut make-up line - has been forced to change its name to Kardashian Beauty in an effort to end an eight month-long trademark dispute

Name change: Khroma Beauty - Kim, Kourtney, and Khloe Kardashian's debut make-up line - has been forced to change its name to Kardashian Beauty in an effort to end an eight month-long trademark dispute

Despite the announced changes, the Kardashian's original website, www.khromabeauty.com, and Facebook page are still currently functioning.

The long-running saga started last June when Lee Tillett, the founder of Kroma Makeup, sent a cease-and-desist letter to Boldface Group Inc, the branding company behind the Kardashian's Khroma Beauty line, accusing it of 'stealing' the name.

 

Ms Tillett set up her company in 2004 and trademarked the name Kroma - which apparently means 'colour' in Greek - six years later.

In the legal case she sought $10million in damages, claiming that the girl's company, for which they are set to make at least $6.2million, would cause confusion in the marketplace.

Expensive task: All of the Khroma Beauty products will now need to be recalled and repackaged

Expensive task: All of the Khroma Beauty products will now need to be recalled and repackaged

And it appeared that those leading the case agreed. After months of heavy promotion the Kardashians were instructed to stop distributing products this March.

'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,' Judge Audrey Collins, said 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.'

Boldface Group Inc appealed the decision, seeking to reverse the U.S. District Court's injunction so Khroma Beauty products could go on sale, but this was not granted.

Under threat: Lee Tillett set up her company in 2004 and trademarked the name Kroma - which apparently means 'colour' in Greek - six years later

Under threat: Lee Tillett set up her company in 2004 and trademarked the name Kroma - which apparently means 'colour' in Greek - six years later

As a result Khroma Beauty has now officially changed its name to Kardashian Beauty.

Florida native, Miss Tillett, previously 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.'

And in her formal federal court response she claims the promotion of Khroma was likely to mislead customers into thinking her line is associated with the Kardashian sisters.

She added: 'The false association is damaging … and threatens to destroy its business.'

According to the counter-claims, Boldface Group Inc had paid the Kardashians an upfront advance of $1million for licensing rights, with guaranteed minimum royalty payments of $4.6million to $5.2million.

Triple threat: Each of the sisters created beauty products for the line

Triple threat: Each of the sisters created beauty products for the line

As part of the deal, they allegedly have some power over the product line and that Kim 'proposed' it be called Khroma.

Miss Tillett's attorney Elliot Gipson claims the 32-year-old should have known better.

He pointed to discussions by representatives for himself and TLK Fusion, which allegedly acted as Kardashian's product-placement agent for a show that was being produced by Kim.

He said: 'On or about May 2010, representatives for Tillett and TLK Fusion were engaged in discussions regarding the possible product placement of the KROMA cosmetics line on the television reality show special The SPINdustry that was scheduled to air on E! Entertainment Television following an episode of Keeping Up With the Kardashians.'

No deal was ever reached, but if this is true she could have had advance knowledge that the name was already in use.

Kardashian spokesman Todd Wilson claims the sisters 'have acted properly at all times'.

 

The comments below have not been moderated.

Mac does have something to worry about, their prices are going up and yet the quality is going down.

Click to rate     Rating   (0)

They sell their clothes at Sears, I bet their make-up is on the same aisle as the garage paint and wood stain. Look how big Khloe's head is? She should see a doctor.

Click to rate     Rating   4

@nycsarah, New York, 10/5/2013 >>> Have you ever stopped to listen to yourself? .... "Waa, waa , waa! The Kardashians are perfect." "Waa, waa, waa! You're all meanies" "Waa, waa, waa! I'm not vacationing in your stupid country" "Waa, waa, waa.! I'm taking my ball and going home!" "Waa, waa, waa!..." How old are you? Four?

Click to rate     Rating   6

"Kardashian Beauty", isn't against the law to misrepresent.

Click to rate     Rating   10

Imagine that, these three could not come up with an original name on their own so they stole someone else's and the other company was not intimidated by fat asses and plastic surgery.

Click to rate     Rating   15

The only thing in life that the Kardcashians know is fakery. The whole bloody family are total fake...

Click to rate     Rating   24

Khrap

Click to rate     Rating   45

Go away Kardashians/Jenners, you've got all your fame and money now leave us alone!

Click to rate     Rating   27

I Don't think MAC have anything to worry about just yet.

Click to rate     Rating   51

Talentless ....short .....heavy..... reality TV personality famous for a sex tape...............really nothing more to say.

Click to rate     Rating   39

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