According to the Fashion Law, makeup artist Kirsten Kjaer Weis claims the reality star is using the federally registered “KW” trademark, which her indie brand has owned since September 2010, for KKW Beauty. Weis also alleges that Kardashian’s use of the “KKW” logo closely resembles her own “KW” logo and is confusing to consumers. Weis says that such use was a “knowing, willing, and deliberate” choice, because KKW Beauty is a “direct competitor” of Kjaer Weis.
Kardashian’s counsel responded to the lawsuit earlier this year, denying the claims and stating Weis waited an “unreasonable” amount of time to file the complaint. But in an Oct. 22 filing, over a year after Weis filed her suit, the star’s counsel is asking for the case to be dismissed.
“The absence of a shred of evidence showing real consumers suffering actual confusion is enormously telling and weighs heavily in favor of a finding that there exists no likelihood of confusion as a matter of law,” states the filing. Kardashian also maintains that the brands target different demographics (KKW Beauty’s price point is much lower than Kjaer Weis’s) and that the products themselves, including their packaging, are very different.
The filing also states that the likelihood of confusion between the two brands is low because Kardashian is famous. The Fashion Law reports that the motion notes that given “Kardashian’s fame and access to over 100 million social media followers,” she does not “need … to trick the public into associating her products with Kjaer Weis in order to gain exposure or traction.”
A spokesperson from Kjaer Weis issued a statement to Yahoo Lifestyle, stating, “Ms. Kjaer Weis and her team take immense pride in their creations, meticulously crafting natural and organic materials into high-performance cosmetics. Many of her formulas are in development for up to a year before being brought to market and are constantly adjusted and perfected to accommodate the ever-changing crop yields from season to season. Ms. Kjaer Weis remains an authority and well-respected voice in the organic beauty space. She has protected, and always will protect, her intellectual property as well as the goodwill she has created around her brand over the last seven years.”
A hearing regarding the dismissal is set to take place on Friday.
Yahoo Lifestyle reached out to KKW Beauty for comment but has yet to receive a response. We will update this post when we hear back.
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