The Fashion Law Exclusive – Chroma Makeup studio, the company that originally spoke out against the Kardashians for their Khroma makeup collection, has filed suit against the sisters and their licensing company. Co-owner Michael Rey has filed a trademark infringement suit (via counsel) in the Central District of California’s Western Division court in Los Angeles for trademark infringement. Since late October, Michael Rey, the co-owner of Beverly Hills-based Chroma Makeup, has been threatening to bring a suit stemming from allegations that the Kardashians’ collection is creating consumer confusion and tarnishing his brand’s image.
While Rey claims that this company has been using the Chroma trademark for 12 years, the trademark does not appear to be federally registered (and does not even have a pending application). As such, Chroma may have an up-hill battle in defeating the Kardashians unless its owners can show that the mark has acquired a secondary meaning in the market place in its association with particular goods and services or that the mark is inherently distinctive.
Rey’s suit comes just weeks after Boldface Licensing and Branding (the girls’ licensing company) filed suit in the U.S. District Court Central District of California’s Western Division seeking a declaratory judgment so they can officially use the name without an legal ramifications.