Kylie Jenner Sued For Trademark Infringement

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Kylie Jenner Cosmetics Sued For Trademark Infringement

Kylie Jenner is being sued for Trademark infringement by a makeup company, Sheree Cosmetics which claims that the 21-year old’s Kylie Cosmetics by Kylie Jenner has copied their Born to Sparkle glitter eye shadow palette. Sheree cosmetics also say that this range of eye shadow and its name had been launched on October 2017, 10 months earlier than that of Kylie Cosmetics.

Kylie Jenner published a post on her Kylie Cosmetics Instagram page in July 2018 to tell her 117 million followers that she would mark her 21st birthday by releasing a #21 collection of makeup products in August 2018, with the “Born to Sparkle” liquid eyeshadow included in the release. The “Born to Sparkle” eyeshadow by Kylie Jenner’s Kylie Cosmetics was released on August 6, and according to court documents, on August 30 Sheree Cosmetics filed for its Born to Sparkle trademark.

What is Sheree Cosmetics’ claim against Kylie Jenner for Trademark Infringement?

The founder of Sheree Cosmetics, Tiffany Herrmann said that taking Kylie Jenner to court for trademark infringement was the only option she had for her business and ideas to be protected

The Alabama based Sheree Cosmetics filed a complaint of trademark infringement in a New York Federal Court, stating that it started using the Born to Sparkle slogan in relation to bits various beauty products  in late 2017, and filed an application (which is still pending) to federally register the mark in August 2018, with the U.S. Patent and Trademark Office. Kylie Cosmetics started using the “Born to Sparkle trademark since the same period according to Sheree, with this likely leading customers to believe that they are buying the original Born to Sparkle cosmetics from Sheree Cosmetics.

Sheree Cosmetics also claims that some of the quotations included on the inside of some of the eyeshadow palettes of the Kylie Cosmetics “Born to Sparkle” violates its own “naturally unique packaging, including the imprinting of quotations in the products (it is worthy to note though that is not or less likely that inclusion of quotations on the inner parts of packaging would be protected).

Sheree Cosmetics further claims that Kylie Cosmetics is trying to mislead or deceive customers to believe that its (Kylie Cosmetics’) products are related to or have an association, or even have an endorsement or certain kind of sponsorship with by Sheree Cosmetics. This claim sets a tone that Kylie Jenner is using her beauty brand to exploit Sheree Cosmetics’ market reputation. Kylie Jenner though is yet to issue a statement on this recent lawsuit.

Kylie Jenner was valued to be worth $900 million in July 2018 by Forbes, and it is also said that her beauty line, Kylie Cosmetics which she founded in 2016 is valued at $800 million (Kylie Jenner owns 100 percent of it), which makes up the major part of her fortune. Forbes also predicted that Kylie Jenner is set to become the youngest self-made billionaire ever, trumping Facebook co-founder Mark Zuckerberg who has held this title since 2008 at the age of 23.

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