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Kim Kardashian Secures Hometown Advantage

Posted in Articles, Famous Marks, Fashion, Law Suits, Marketing, Product Packaging, Trademarks

Kim Kardashian West’s (“Kardashian’s”) company Kimisaprincess, Inc. won its motion to transfer a pending case against the company from Illinois to California. Danish makeup artist Kirsten Kjaer Weis (“KKW”) sued Kimisaprincess in Illinois alleging claims of trademark infringement, false designation of origin and unfair competition against Kardashian’s company.

Kim Kardashian and her family are no strangers to Duets Blog or the Courts. See Kardashian/Jenner TrademarksKardashians Caught Without Makeup, But Not The Way You’d Expect, and Keeping Up With The Kardashians.

Danish makeup artist KKW sells and distributes her products with a stylized KW brand or with her full name through fancy retailers such as Barney’s. In contrast, Kardashian’s company sells products in less expensive superstores such as Target, CVS and online. Kimisaprincess sells a brand of makeup called “KKW Beauty” after her initials that was released in June 2017. The products are sold exclusively online.

Makeup artist KKW alleges that she and Kardashian’s company are direct competitors. Because of Kardashian’s fame and celebrity, it is likely consumers will mistakenly believe KKW’s products—despite its prior rights to the trademark—is associated with Kardashian. This will damage KKW and prevent KKW from controlling the reputation and goodwill that KKW has established for her products.

Kardashian’s company brought a motion to transfer the pending case to California. Her company argued that that there is better access to documents and witnesses in California where Kimisaprincess and Kardashian herself are both located. In addition, third parties such as Kardashian’s momanger (as she’s known by the press), Kris Jenner and the company that designed Kardashian’s KKW Beauty products are also in California. Plaintiff lives in New York. There are not people or documents at issue located in Illinois.

In opposing the motion, Plaintiff Danish makeup artist KKW argued that Illinois was an appropriate venue, because actual confusion between her products and the KKW Beauty products had occurred in Illinois during a survey conducted about the products. The Court found this argument to be unpersuasive, because the KKW Beauty products are sold nationwide, so confusion would also occur in California.

The Court noted that there would be a marginal increase in cost to go to California, but it does not create a cost where none was. Plaintiff KKW would have to travel to Illinois too.

The showdown between the Danish makeup artist (KKW) and Kardashian’s Kimisaprincess will take place in California. Do you think the dispute will end up on the “Keeping up with the Kardashians” reality show?