We saw this one coming. Khroma Beauty by Kourtney, Kim & Khloe, the sisters new makeup collection, is the source of more legal drama. Their cosmetics line hit stores less than a year ago and has been under fire for its similarity to Beverly Hills-based Chroma Makeup. Michael Rey, the co-owner of Chroma, threatened suit in late October, alleging that the Kardashians' collection is creating consumer confusion (the key to a trademark infringement case) and diluting the Chroma brand.
We told you that KROMA, yet another makeup company (under Lee Tillett Inc.) has is a federally registered trademark for the KROMA name for cosmetics, which has given rise to the latest problem for the reality TV sisters. Come on girls, a search of the trademark database is not that difficult.
Anyway, KROMA sent the Kardashians a cease and desist letter citing trademark infringement, which has clearly not deterred the sale and promotion of Kardashian Khroma. In fact, Boldface filed suit on Friday in the U.S. District Court Central District of California's Western Division to seek a declaratory judgment (which would basically be a judgment from the court holding whether or not Khroma is infringing KROMA's trademark). According to Boldface’s complaint, KROMA “consists solely of a descriptive term and lacks any inherent distinctive meaning to the relevant consuming public and therefore, is conceptually weak.” No word yet on whether KROMA has filed suit or if Chroma is in on the anti-Kardashian action.