The Kardashian sisters may need to put their well-coiffed heads together and come up with a new name for their recently launched cosmetics range, Khroma. Following a lawsuit filed in January, a judge just ruled that the brand can’t use the name because it is too similar to another cosmetics brand, Kroma (no ‘H’).
Lee Tillett, a Florida-based makeup artist who trademarked Kroma in 2010, sent a cease-and-desist letter to Boldface, the company that produces the Kardashian-fronted Khroma line, last year. After some back and forth between the two parties, Tillett ended up filing a $10 million lawsuit against Khroma, alleging that the Kardashians “stole” the name and that the similarity between the two names would cause confusion in the marketplace.
And it seems like the judge on the case agrees, according to Law360 (subscription required). “Tillett has demonstrated that [she] will likely lose business opportunities, customers and goodwill due to Boldface’s use of the confusingly similar Khroma Beauty marks,” U.S. District Judge Audrey B. Collins said in her ruling. “The court has little doubt that, in short order, the Khroma Beauty products will likely eliminate Tillett’s business entirely, creating irreparable harm sufficient to justify an injunction.”
While this injunction is preliminary at this point–meaning it isn’t in effect yet–and could be postponed if Boldface appeals the decision (which it can do within seven days), it still doesn’t look good for Boldface and the Kardashians.
We’ve reached out to Khroma for comment, and will update when we hear back.