An attorney for a cosmetics company engaged in an ongoing legal battle with the Kardashian sisters argued earlier this month that the sisters have "unclean hands" and there should not be a preliminary injunction against the sale of the makeup.
Following a 2016 suit by Kim, Khloe, and Kourtney Kardashian against Hillair Capital Management LLC for alleged trademark infringement and failure to pay royalties on Kardashian Beauty product sales, the company's subsidiary, Haven Beauty, sued the sisters for breach of contract, including failure to promote the Kardashian Beauty line. The Ninth Circuit heard arguments this month on whether sales of the products should be blocked while the litigation continues.
While the Kardashians argued that Hillair inappropriately used their trademark after failing to make royalty payments, Hillair argued that the Kardashians didn't live up to their obligations under the contract and that the balance of the hardships weighed in favor of Haven Beauty.
The Ninth Circuit ruled on May 26 that the Kardashians' hands were not unclean, and refused to lift the preliminary injunction.
Takeaway: IP deals allowing for the use of celebrity trademarks can be lucrative for brands, but advertisers should keep in mind that contractual and other complications can result.
This article is presented for informational purposes only and is not intended to constitute legal advice.
