Kroma Makeup EU , the European distributor of By Lee Tillett’s Kroma makeup, has filed a lawsuit against Kim, Khloe and Kourtney Kardashian as well as Boldface Licensing + Branding for allegedly infringing its Kroma trademark with their Khroma line of products. Kroma Makeup EU LLC v. Boldface Licensing & Branding Inc., No. 14-1551 (U.S. Dist. Ct., M.D. Fla., filed September 23, 2014). The U.K.-based company also claims that its parent company, By Lee Tillett, failed to account for damages caused to Kroma EU when the company settled similar claims with the Kardashians in summer 2014.
Kroma accuses Boldface and the Kardashians of placing their Khroma cosmetics line on the market despite learning of Kroma’s trademark in June 2012 and a September 2012 U.S. Patent and Trademark Office denial for Khroma trademark protection due to the likelihood of consumer confusion. The complaint describes the Kroma line as “high end,” while the Khroma products are “of significantly lower quality,” and it alleges that Khroma’s trademark infringement caused Kroma EU to undergo “major instances of consumer confusion, severely impacting and effectively destroying its business.” As an example, it cites an incident with “upscale British department store chain” Debenhams in which a store representative asked Kroma EU ’s head why the line had associated itself with the Kardashians and why the store should carry a product that can be purchased at discount retailers, then ended its relationship with Kroma EU . The cosmetics company seeks compensatory and punitive damages for trademark infringement and tortious interference.