KWIKA scores victory for Kardashians in cosmetics lawsuit
KWIKA’s Michael Kump, Jonathan Steinsapir and Gregory Korn won a preliminary injunction in federal court on August 23, 2016 on behalf of clients Kim, Khloe and Kourtney Kardashian. The sisters in 2012 entered into a license agreement with a company that was going to develop and sell a line of color cosmetic products using the Kardashians’ trademarks, names, images and likenesses (the “Marks”). When the original licensee ran into problems, a hedge-fund, Hillair Capital Management, loaned money to the company and then eventually took over the company, forming a subsidiary called Haven Beauty to run the cosmetic company. When Haven Beauty refused to pay any royalties, the Kardashians gave notice of breach of the license agreement and an opportunity to cure. When Haven Beauty refused to cure, the Kardashians terminated the license agreement on July 8, 2016. Nevertheless, Haven Beauty continued to operate the company and sell products using the Kardashians’ Marks.
Both sides filed actions against the other in federal court. Haven Beauty asked the federal court for a Temporary Restraining Order (TRO) to prevent the Kardashians from terminating the license agreement, which U.S. District Court Judge James V. Selna denied. The Kardashians then filed a motion for preliminary injunction asking the Court to enjoin Haven Beauty from selling and promoting products using the Kardashians’ Marks. The Court heard oral argument on August 22, 2016 from Michael Kump and Haven Beauty’s lawyer. On August 23, 2016, the Court issued 20-page order granting the Kardashians’ motion for a preliminary injunction.
For more information, see The Hollywood Reporter.
To view a copy of the Order, click Download PDF.