Here’s Why Kylie Cosmetics is Facing a Lawsuit

Kylie Jenner is facing a lawsuit after a product released in her 21st birthday collection allegedly copied another company’s cosmetic line. Sheree Cosmetics filed a lawsuit on October 22nd against Kylie Cosmetics and Kylie Jenner for naming a product “Born to Sparkle”, a trademarked phrase Sheree Cosmetics uses as a slogan for its various beauty products. According to The Daily Mail, the complaint filed against Jenner and her brand in a New York federal court address trademark infringement, trade dress infringement and false designation of origin. 

Sheree Cosmetics created their Glitter Palette titled “Born to Sparkle” in September of 2017 and it has been on the market since October of 2017. The company filed an application to register the mark with the U.S. Patent and Trademark Office in August of 2018. Kylie Cosmetics launched their glitter eyeshadow called “Born to Sparkle” as a part of Kylie’s birthday collection in August of 2018. Kylie Jenner showed off the shade in question in an Instagram post with the caption stating “I can’t believe I’m about to be 21. I also can’t wait to share this collection with you guys. It’s definitely the most-personal collection that I’ve done so I hope you guys love it.”

Notably, the application for the trademark that the complaint is founded on wasn’t filed until August 30th, after Jenner’s collection came out on August 6th, and is still pending. 

While Sheree Cosmetic’s “Born to Sparkle” line is an eyeshadow palette and Kylie Cosmetics’ is a currently sold out single eyeshadow, Sheree believes that Kylie Cosmetics’ use of the name “Born to Sparkle” has misled consumers looking for the original products Sheree Cosmetics created under that name. Additionally, Sheree claims that Jenner’s company copied their design as well, infringing on “inherently distinctive packaging, including the imprinting of quotations in the products.” Sheree’s brand includes quotes in a cursive font on the inside of their palettes. The packaging of Kylie Cosmetics mirrors this.

“As they say, imitation is the best form of flattery. I’m starting to learn this practice is just part of the business cycle and happens more often than the public is led to believe,” Alabama based Sheree Cosmetics founder, Tiffany Herrmann, told Allure, “We would like to be sure our ideas for Born to Sparkle are protected and what we believe is fair prevails, and we hope this protects other entrepreneurs like us from future similar situations.”

According to a document obtained by The Fashion Law, Sheree believes that Kylie Cosmetics is “deceptively trying to ‘pass off’ its products as those of Sheree Cosmetics.” This is questionable as Kylie’s brand has over 17 million followers on Instagram and according to Forbes, it was estimated to be with more than $900 million.

“This has been a true wake-up call as a businesswoman and in some ways a disappointing one. That said, I know I’m the visionary behind this brand, and excited to have the chance to keep creating new and innovative beauty products for our customers around the world,” Herrmann told Allure.

Kylie Cosmetics has yet to address the suit. 

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