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Born to be Sued: Kylie Jenner Accused of Stealing Makeup Line

hlsjrnldev · October 24, 2018 · Leave a Comment

Kylie Jenner and her makeup company Kylie Cosmetics have both faced a number of lawsuits in the past few years, and the latest one comes from indie makeup company Sheree Cosmetics.

Kylie Cosmetics recently launched a new line of products called “Born to Sparkle.” Sheree Cosmetics brings forth the claim that they already had a line of products with the same name, and that the products have similar packaging.

Kylie Cosmetics’ line launched on August 6th, whereas Sheree Cosmetics filed an application to register the trademark on August 30th.  This may prove a problem for Sheree Cosmetics, as trademarks are generally applicable from the day in which the application is filed. In this case, Kylie Cosmetics’ sale precedes Sheree Cosmetics’ attempt at exclusive usage of the name. Sheree Cosmetics claims, however, that their own line of the product has been on sale since October 2017. The lawsuit was brought to federal court on October 22nd.

A number of similar previous accusations made against Jenner and her company, not all of which have ended up resulting in lawsuits, have included plagiarism of products and photoshoots.

Merve Ciplak is an Entertainment Highlight Contributor for the Harvard Journal of Sports and Entertainment Law and a current first year student at Harvard Law School (Class of 2022).

Image: Hayu, Kylie Jenner1 (cropped), CC BY 3.0

Filed Under: Highlight Tagged With: copyright, Highlight, intellectual property, Litigation, trademark

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