Regarding Kim K's cosmetics
Switching from KKW to SKKN
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While the trademark was being registered, Beauty Concepts LCC served Kim Kardashian’s attorney with a Cease and Desist Notice. According to the well-known company, they have been using the SKKN+ brand since 2017 offering salon and skincare services under Cydnie Lunsford’s ownership. Beauty Concepts firmly asserted that they are operating a website and social media accounts with the initials SKKN+. Additionally, a request to register the SKKN+ logo has been made to the US Patent and Trademark Office.
Catching up with SKKN at the USPTO
Conflicting trademarks under Indian law
Despite the pronunciation being “SKIN,” the Trademark Office’s analysis of SKKN did not find it to be descriptive. Classes 3 and 44 as well as extra classes that are on hold while Beauty Concepts SKKN+ is having technical difficulties are covered by SKKN by Kim. Even though BY KIM and SKKN have been added, nothing is resolved by this. By omitting or enhancing a distinctive element from the mark, the confusion between SKKN+ and SKKN BY KIM is not eliminated or diminished. No matter what, KIM K is more successful, therefore her supporters wouldn’t be shocked if the USPTO sided with SKKN. The Kardashian sisters are accustomed to engaging in inter-party processes, which enables them to actively enforce their legal claims against brands and awards made in their favor.
Indian court rulings on trademark confusion
The court determined that the primary characteristics of the marks must be taken into account when determining whether one mark is confusingly similar to another in the case of Parle Products (P) Ltd. vs. J.P. and Co., Mysore [AIR 1972 SC 1359]. For a registered trademark that is likely to cause confusion or mislead the general public or any specific individual into believing a product is one with a registered trademark when it is not, it is not required to keep both marks side by side. It is enough to assume that there has been an infringement.
The respondent used the domain name marutisuzuki.com, which was identical/similar to the complainants, in Maruti Udyog Ltd. and Suzuki Motor Corporation v. World Information Pages, 2000 (WIPO Arbitration and Mediation Centre).
The domain name of the respondent was “marutisuzuki.com,” while the complainant was “Maruti Suzuki.” The World Intellectual Property Organization’s Arbitration and Mediation Centre found that Maruti Udyog Ltd. used the hybrid mark ” Maruti Suzuki” on a variety of commodities, as well as brochures and advertisements. The assertion by the respondent that Maruti is the name of an Indian God and that it is appropriate for naming their website since nothing is possible without God’s blessing was discarded as a deception with no reality. It has no bearing on how the domain name is identified in connection to the mark. It was also discovered that the World Information Pages had no legal right to the domain name in question. It was decided that the World Information Pages domain name will be handed to Maruti Udyog Ltd.
In the case of CADILA HEALTHCARE LTD vs. CADILA PHARMACEUTICALS LTD, in 2001: By carefully reviewing the fundamentals, the Supreme Court determined not to interfere with previous rulings. It emphasized the reasons for non-interference and stated that any opinion from the court without proof is dangerous, and that the court must analyze all principles before delivering any judgment. The court considered relevant cases when rendering its judgement. In National Sewing Thread Co. Ltd. vs. James Chadwick and Bros Ltd., [AIR 1953 SC 357], the court stated that any trademark registration application that is likely to cause confusion shall be declined by the Registrar (Section 8 of Trademarks Act). It went on to say that it was the applicant’s job to persuade the Registrar that his trademark was legitimate and did not violate any of the Trademarks Act’s prohibitions.
Following an examination of the relevant sections, subsections, and acts, the court concluded that purchasers of such pharmaceuticals, whether pharmacists or not, should be deemed men of ordinary intelligence capable of making mistakes. Based on the terms of Section 8 of the Trademarks Act, 1999 and Section 17-B of the Drugs and Cosmetics Act, 1940, the court determined that it was a case of misleading likeness, and that any mistake could have serious health repercussions.
That is not to say that Kim Kardashian will not utilize SKKN because the trademark application for SKKN has already been filed. However, Kim K’s legal team has placed a lockdown on the @SKKN social media account and SKKN.com. SKKN+ has over 8000 Instagram followers. The amount of followers garnered by the brand on social media also indicates its popularity. Beauty Concept has also devoted considerable time, effort, and money to get thus far.
Beauty Concepts is a modest brand in comparison to KKW. However, Kim K’s use of SKKN would produce misunderstanding among the public. SKKN has a trademark registration, but the subject is being investigated since Beauty Concept is opposing SKKN. There will be no additional updates on Kim Kardashian’s use of SKKN until the legal case is addressed.