Jul 20, 2018
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Kim Kardashian's KKW Fragrance sued for trademark infringement

Jul 20, 2018

Just days after launching her new Kimoji Vibes fragrance, Kim Kardashian's KKW Fragrance company has been sued by Vibes Media company claiming her fragrance logo intentionally copies their trademarked logo.

Vibes Media LLC v. KKW Fragrance LLC, US District Court Northern District of Illinois, Eastern Division

The complaint, which was filed in the Northern District of Illinois Eastern Division, says that, KKW "has been marketing, promoting, and is now selling a ‘Vibes’ perfume. The ‘Vibes’ perfume comes in a bottle that is a close facsimile of the Registered Vibes Logo.”

The logo in question is a blue speech bubble with the word "vibes" inside, a mark that Vibes Media has used since 2011 and registered in 2013. Kardashian's company has used its black "vibes" Kimoji logo since 2015 and has placed it on merchandise including baseball hats and stickers. KKW Fragrance launched its Kimoji line this week with the Vibes, Peachy and Cherry fragrances.

The complaint not only takes issue with the shape of the Vibes bottle, but also with the packaging, arguing "in addition to being packaged in the Infringing Bottle, the Vibes perfume, is further placed inside a box that is emblazoned with the Infringing Logo."

Vibes Media's complaint asserts that “there is a strong likelihood that consumers will be confused into believing that Defendant’s Vibes perfume is Plaintiff’s product or that it is authorized, endorsed, sponsored, or approved by Plaintiff," or that Kardashian is affiliated with the company's marketing projects, which she is not.

The media marketing company is seeking monetary damages from the sale of the perfume, which has reportedly earned Kardashian $5 million already. Additionally, Vibes Media is seeking to prevent the sale of any additional Vibes fragrance and seeks to either have the bottles turned over to the company or destroyed.

The company is also seeking a court order to have KKW Fragrance cease using the Vibes mark on its digital and social channels.

This is the second lawsuit for Kardashian's KKW in recent months. The brand was also sued by Danish makeup artist Kirsten Kjaer Weis, who operates a brand under the name "KW," in July of last year for operating under the KKW initials. Kardashian's official legal response came in February, denying any intentional infringement with respect to the brand's name, while also asserting that Weis had waited too long before making her complaint and had acted in bad faith. 

Kardashian's KKW Fragrance has not yet replied to the Vibes complaint.

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