The episode you will not see in Kardashians: Kim's entanglement

The reality star wanted to launch a new cosmetic product, but controversial conduct complicated her in the competition for a trademark of a competing brand.

What can be learned from this and what are the business implications?

Adv. Lehi Katzenelson

20/06/2022

Monday, 20 June 2022, 10:57 Updated: 11:08

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With nearly 320 million followers on Instagram (as of this writing), Kim Kardashian is an exceptional international brand.

The reality star and model who was also revealed to be a talented and shrewd businesswoman, smashed almost every glass ceiling on the way to a personal fortune valued at more than $ 1 billion (according to Forbes magazine).

In recent weeks, the network has been buzzing with Kim's new skin care line: SKKN by KIM, whose glittering launch is expected next week, despite the fact that in July 2021 the plot received an unexpected twist in the form of allegations of trademark infringement.

The complainant, Cyndie Lunsford, owner of the SKKN + beauty brand that has been running beauty salons in New York since 2018, was surprised to find that on 30.3.21, just two days after she filed a trademark application on SKKN +, Kardashian filed a trademark application for the name SKKN by KIM.

So what is behind the event that has already caused millions of fans to contact Kim to find another name - a coincidence?

Lack of good faith?

Or is it a calculated conduct and a marketing exercise?

After all, what chance does a small business owner in Brooklyn have in the face of the vast resources of the Kardashian Empire?

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Kim Kardashian Launches Makeup Line, 2017 (Photo: Screenshot, Instagram)

Who was first?

An important point to note, relates to the fact that although Sack filed the registration application after Lonford, it was given an earlier date: January 1, 2021 - in line with the previous application date filed in Jamaica.

However, the priority and priority claim date does not guarantee success, especially if Kim did not use the name at the time of filing the application;

On the other hand, Lonford has used the name SKKN + already during 2021 as its salon brand for the purpose of marking its goods and services, which may give it a legal advantage.

"It's hard to believe that Kardashian's staff did not know about the previous use of SKKN +, or that they knew and adopted the SKKN brand name anyway," Lonford lawyer Erik M. Pelton was recently quoted as saying.

While not easy to prove, it now turns out that this is not the first time Kardashian has experienced an unpleasant "branding incident."

In 2019, Kim was forced to change the name of her clothing line KIMONO to SKIMS, following a letter received from Kyoto mayor asking her to reconsider choosing the name and brand and raising claims about cultural appropriation: "The kimono is a traditional garment rooted in Japanese culture and history He has a monopoly. "

Kardashian.

With 320 million followers on Instagram and a personal fortune of $ 1 billion.

Should she be afraid of a Brooklyn beautician? (Photo: Screenshot, Official Instagram)

Tendency to underestimate "trifles"

A mistake that never comes back?

Not sure.

Kardashian may tend to "take it easy" on the laws, but perhaps the reason for this is her perception that her power as a reality star and network influencer gives her protection against "trifles" such as down to details, or professional scrutiny of trademark registration procedures that matter to ordinary mortals.

In practice, Kim's trademark registration application for Kim's SKKN

is currently suspended, due to the objection to its registration initiated by SKKN + in the US.

But also image.A small but dramatic example: Many network influencers may think twice whether to advertise its cosmetics for fear of being sued for trademark infringement, and so on regarding investors.

This means acute damage to the business model - only due to lack of attention or "indifference".

Many cosmetic companies, including Israeli ones, which consult and operate in an orderly manner, both marketing and legally, and carry out the necessary tests before investing, save themselves a lot of headaches and unnecessary costs.

But more importantly, they send a message to potential investors and the industry - take us seriously.

• Of money

Tags

• Kim Kardashian

• Trademark

• Claim

• cosmetics