27 July 2017Copyright

Kim Kardashian and Kylie Jenner embroiled in IP suits

Kim Kardashian West and her half-sister Kylie Jenner have once again found themselves embroiled in IP lawsuits.

Kardashian was sued by Kirsten Kjaer Weis (KKW), a Danish makeup artist, who accused the reality TV star of infringing her trademark. The filing was made at the US District Court for the Northern District of Illinois, Eastern Division, on Tuesday, July 25.

KKW has used the ‘KW stylised mark’ since September 2010 for cosmetics and beauty products, according to the claim. She owns US trademark registration number 4,153,624 for cosmetics in international class 3, among others.

Kimsaprincess, a company owned by Kardashian, “is a direct competitor of KKW”, said the suit, adding that Kimsaprincess launched its KKW cosmetics and beauty line in June this year, using ‘KKW’ and ‘KKW Beauty’ designations to market its products.

“Due to the enormous fame and celebrity of Ms. Kardashian West, there is a likelihood that consumers will mistakenly believe that KKW, despite being the senior trademark user, is affiliated with, sponsored, or approved by Kardashian West of Kimsaprincess.”

KKW is looking for injunctive relief, punitive and triple damages, destruction of infringing goods, and attorneys’ fees and costs.

On the same day, Jenner was sued at the US District Court for the Central District of California.

UK-based artist Sara Pope accused her of copyright infringement of a photograph featuring neon lips.

The image, “Temptation Neon”, has been one of the top Google searches for “neon lips” since at least 2016, said the suit.

“The finished artwork conveys glamour, intimacy, and sexual power—themes familiar to defendant Kylie Jenner, who is building her brand around those themes,” claimed the suit.

Pope claimed that the image has been copied to promote Jenner’s new reality TV show and was featured in a thirty-second promotional video.

This isn’t the first time the Kardashians and Jenner have hit the IP headlines.

In June, Jenner and her sister Kendall faced criticism over superimposing their own faces over a range of photos of prominent bands and rappers (click here for NME coverage).

Popstar Kylie Minogue went to war with Jenner in February last year, opposing Jenner’s US trademark application for the term ‘Kylie’. Minogue then opposed other trademark applications by Jenner, but withdrew her oppositions in January this year.

They aren’t the only family members to get caught up—Khloé Kardashian became tangled up in a copyright row in April this year over a photo she posted on Instagram.

KKW said: “This is about protecting our reputation and our business. We have worked hard over many years to establish our brand identity and our unique market position.”

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More on this story

14 September 2017   Model and reality TV star Kendall Jenner has found herself at the centre of a copyright row over a t-shirt.
20 July 2018   Reality TV star Kim Kardashian West has found herself at the centre of yet another IP lawsuit in the US, this time centring on her latest line of perfumes.
23 October 2018   Kylie Jenner’s glitter-based cosmetics are at the centre of a trademark lawsuit filed yesterday at the US District Court for the Southern District of New York.