The Fashion Law Exclusive - The Kardashians' Khroma lawsuit has spurred yet another lawsuit and this time, the reality TV stars aren't even a party. The sisters settled their suit with Lee Tillett, the owner of the federally registered Kroma trademark, earlier this month, agreeing to change their company name to avoid infringing Tillett's mark any further. A lawsuit between Kardashians and their licensing company, and Los Angeles-based Chroma Makeup Studio owner, Michael Rey (who has openly trashed the Kardashians' beauty line), seems to be off the table, as well.
The court in the Kroma case stated that Rey's request for a preliminary injunction against the Kardashians' Khroma was denied and that it had found Rey's Chroma mark to be "conceptually weak." Now, Rey has brought suit against Tillett.
In a lawsuit filed last week in a Los Angeles court, Rey is alleging that Tillett (via its Kroma trademark) is infringing his "Chroma" trademark, as the two marks are confusingly similar, and its negatively affecting Rey's business. Rey is asking for an injunction (which would prohibit Tillett from using its mark), damages and interest, attorneys' fee, and other damages. Tillett has been using its Kroma mark since 2004, and received its federal registration on January 3, 2012. Rey, on the other hand, only has common law rights to his Chroma mark, which he allegedly began using about twelve years ago.
Thus, if Rey succeeds in proving his case, the injunction will provide limited protection. It will only apply to the geographic area where Chroma Makeup conducts business, which appears to be Los Angeles alone. More to come ...