By: Sharon Urias, Esq.
Lee Tillett, a Florida makeup artist, is suing the Kardashian sisters and the cosmetics company Boldface Licensing + Branding for trademark infringement, alleging they stole the name of her line of cosmetics.
Tillett owns the KROMA trademark and uses the name for her own line of cosmetics. According to Tillett, Boldface’s use of the name Khroma and the Kardashian sister’s endorsement of the company’s product, constitutes trademark infringement as well as false designation of origin and unfair competition.
The Florida makeup artist filed her lawsuit earlier this month in federal court in Los Angeles and is seeking $10 million in damages.
When Tillett learned of Boldface’s intention to use the name Khroma for the Kardashian sister’s cosmetic line, she began claiming copyright infringement and sent a cease and desist letter to the cosmetic company in June 2012.
In November of last year, Boldface filed a lawsuit requesting it be permitted to use Khroma as the brand for its cosmetics line. However, the United States Patent and Trademark Office rejected Bodface’s application on grounds the similarity between the two names would more than likely cause confusion between the two brands.
In her lawsuit, Tillett alleges the high profile of the Kardashian sisters and the publicity of the Khroma brand has led many people to assume her brand of cosmetics, Kroma, is associated with the sisters, and this association has diluted and damaged the Kroma image.
Tillett, in a news release, said, “I developed the Kroma line myself, built my business through my own hard work, and took the legal steps necessary to protect it, … now I have been forced into a legal battle with the Kardashians simply because they have decided to take something that doesn’t belong to them.”
Original story can be found here.
