Following the Kardashians Intellectual Property suit that accused Hillair Capital Investments LLC and its subsidiary, Haven Beauty Inc., of trademark infringements, Haven in turn is now suing the Kardashian sisters for failing to promote the cosmetic line as was agreed.
According to court papers, Hillair was awarded the assets of Boldface Licensing + Branding Inc., the Kardashian’s licensing company, after it became insolvent. These assets included a five year license deal to use — subject to approval by the Kardashians — their trademarks in connection with cosmetics products.
The Kardashians claim that Haven has not paid them royalties since February, but continues to use their likeness and images. Beginning July, the Kardashians sent a cease and desist letter to Haven to stop using their images. Haven, on the other hand, alleges that for the past two years the Kardashians have failed to market or promote the cosmetic line but instead promoted other competing brands. Haven suspects that the Kardasians are acting in bad faith to “shirk their contractual obligations” because of their dissatisfaction with the Licensing agreement and their wish to renegotiate the deal. Haven is fearful that a sudden termination of the agreement would be a death knell to the company and result in layoffs of employees.
Already in 2013 the Kardashians were accused of trademark infringement by make-up artist Lee Tillett alleging that the Kardashians’ cosmetic line named Khroma was too similar to her trademarked name Kroma. The Kardashians ended up changing the name of their beauty brand to Kardashian Beauty after a yearlong trademark dispute.
In the current exchange of suits, Haven seeks a declaratory judgment, injunctive relief and $10 million in damages. The Kardashians seek a temporary restraining order as well as preliminary injunctive relief.