The Supreme Court has opted not to keep up with the Kardashians.
The justices on Tuesday declined to take up a trademark infringement dispute involving the three Kardashian sisters, Kourtney, Kim, and Khloe, based on their Khroma brand of makeup.
Kroma Makeup EU argued the sisters’ brand violated federal trademark law by infringing on its preexisting Kroma cosmetics brand, sold in Europe.
Kroma EU was the European distributor of makeup using the Kroma mark, which was federally registered and owned by Lee Tillett, Inc., according to court filings.
The Kardashians were celebrity endorses of the “Khroma Beauty” cosmetic line, which was manufactured by Boldface Licensing & Branding.
Kroma EU sued the Kardashians and Boldface in federal court in Florida, alleging the company directly infringed the Kroma trademark under federal trademark law by selling “Khroma” branded makeup in Europe.
The district court, however, ruled in favor of the Kardashians, and the 11th U.S. Circuit Court of Appeals agreed, finding Kroma EU couldn’t bring the lawsuit because “the licensing agreement between Tillett and Kroma EU” didn’t give Kroma EU rights to sue under federal trademark law.
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