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Summary: A judge sided with the Kardashian sisters in the Kardashian Beauty legal battle.
This week, Kourtney, Kim, and Khloe Kardashian were handed a victory against Haven Beauty and Hillair Capital. Haven Beauty, backed by financier Hillair Capital, sold products called Kardashian Beauty, and the two companies claimed the sisters did nothing to promote the eponymous cosmetics.
- To learn more about Hillair’s lawsuit read this article: Kardashians Sued for $180 Million over Failed Makeup Line.
In March, Hillair sued famed lawyer Robert Kardashian’s daughters for breach of contract.The company claimed the reality stars did nothing to promote Kardashian Beauty, which Hillair said resulted in a loss of millions in sales. Hillair’s lawsuit sought $180 million from the defendants.
The girls originally had a deal with makeup brand, Boldface; but Boldface faced legal problems after it was sued by a third party for trademark infringement. Hillair, an investment company, stepped in with about $10 million to save the company; but that’s when things soured. Hillair claimed the girls not only didn’t promote the products but also sabotaged the makeup line because they wanted a “better, more lucrative deal.” The girls claimed Hillair was “exploitive.”
The Kardashian sisters countersued Haven Beauty and Hillair, alleging that Haven Beauty did not pay them royalties and continued to sell Kardashian Beauty products even though their exclusive license agreement had ended. California Judge James V. Selna agreed with The Keeping Up with the Kardashians stars and granted them an injunction, barring Haven from selling Kardashian Beauty.
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“[T]he licensee cannot both stop paying royalties but nevertheless continue using the trademark,” Selna said. “By refusing to make royalty payments due under the license agreement, Haven Beauty forfeited the right to continue using the Kardashian trademarks. This is true even if Defendants are correct that the Kardashians breached first, that Haven Beauty’s breach was excused, or that the Kardashians later improperly terminated the license agreement.”
The Kardashians were represented by Michael Kump, Jonathan Steinsapir and Gregory Korn of Kinsella Weitzman Iser Kump & Aldisert LLP.
The ruling stops Haven Beauty from using Kardashian likenesses or images with any goods or services from now on, and it added that any continuing legal action revolving this case will be private.
What do you think of this case? Let us know in the comments below.
Source: The Hollywood Reporter
Photo courtesy of Popdust
