Breakdown of Lori Harvey vs. Kim Kardashian with a trademark attorney


Breakdown of Lori Harvey vs. Kim Kardashian with a trademark attorney

By now you’ve probably seen the social media frenzy surrounding the unveiling of Kim Kardashian’s latest beauty project, SKKN BY KIM.

“I’m so proud of this line of products – not only is it effective, clean, scientifically backed and formulated for all skin types, but it brings a spa-like experience right to your home,” Kim wrote in an Instagram caption shared yesterday.

At 12:00 p.m. Tuesday, the nine-tier product line was finally made available for consumers to purchase.

The mogul continued to share her enthusiasm for launching the products and gushed about the “Wanted ingredients”, “Clinically proven formulas” and “Compostable kraft bags and refills made from recycled materials”.

But those highlights didn’t stop social media from pouncing on the entire line and comparing it to others currently available, including Lori Harvey’s SKN by LH, Desi Perkins DEZI SKIN and SKKN+.

Host Shyneika Taylor took to Instagram to share the collective reaction from social media users.

“While everyone else is so excited — I’m not even impressed, and I’ll tell you all why,” she explained. “Because last year, on October 18th, Lori Harvey definitely launched SKN by LH. And I already know what some of you will say, “Oh, it’s different. It’s a coincidence. It won’t be written right away.’”

“Stop it,” she continued. “Anyone with a fully developed brain and a pair of functioning eyeballs can clearly see that SKN and SKKN are the same! This is plagiarism! Sis just added a ‘K’ and broke up!”

Social media users also called out SKKN BY KIM for its packaging, which looks very similar to Lori Harvey’s blue toned collection as well as Dezi Perkins’ stone-inspired line.

Kardashian was also hit with a cease and desist letter by SKKN+ founder Cydnie Lunsford.

To further break down these potential trademark violations, we turned to one of the top trademark attorneys in the country, Rosezena J. Pierce.

Pierce has become known as “The Biz Lawyer” with almost ten years of experience in the branding world. She is also the founder and CEO of RJ Pierce Law Group,personal computer, a boutique law firm specializing in cutting-edge trademark services. Pierce was also ranked 32nd out of 33,000 trademark attorneys in the country. And her company was ranked 37th out of 28,000 brand companies in the country.

“That’s why we advise our customers to get a distinctive name [for their brand or business]’ she shared. “The more distinctive, the better.”

“[With both] it is really a representation of the word “skin”. And there’s two things here, not only is the name not really distinctive, it’s kind of descriptive,” she explained. “But both have previous owners who own the terms (skin, skn, skkn). So Lori and Kim might also have other issues with other parties that no one mentions because they hold the registration for those brand names.”

Here Pierce is referring to Brooklyn-based skincare studio SKKN+, which actually trademarked the name “SKKN+” just days before Kim Kardashian.

Corresponding page six“After the makeup mogul registered by KIM as a trademark for both SKKN and SKKNher legal team received a cease and desist letter from Beauty Concepts LLC, which alleges they have already banned the moniker from salon, skincare and spa services.”

In a letter obtained by PageSix Style, Lunsford claimed that she has been running salons under the SKKN+ brand name since 2018. And she doesn’t let up in her fight.

The SKKN+ founder is now pushing for Kardashian to ditch her branding entirely, claiming that such a similar name would confuse consumers.

“In trademark infringement, you always want to look at different elements to determine if there is a likelihood of confusion,” explains Pierce.

While Kim’s brand name SKKN BY KIM may be questioned in her battle with the founder of SKKN+. It will ultimately be their design and packaging that will be questioned in the Harvey case.

“Lori’s product packaging is a striking blue, while Kim’s product is more earth tones. But the bottles have a similar look and feel, and that initially put people off,” Pierce explained.

“There is also a part where you can get confused [the similarities may lead you to think] that one brand sponsors the other brand,” Pierce shared. “And when you compare the two, some might say they think Lori’s is more of the general brand and Kim’s is more for sensitive skin types.”

“So it really depends on how public opinion forms about both brands. And based on public opinion, a lot of people feel like it’s already confusing,” Pierce shared.

When asked for her personal opinion on how this case might play out, Pierce says that SKKN BY KIM might actually have a chance if it goes against SKKN+.

As SKKN+ has made its use and engagement of skin care services clear, SKKN BY KIM is left to operate in other areas that may not violate or include this scope.

As for the position of SKKN BY KIM versus SKN By LH, Pierce believes that the verdict may be in favor of either brand.

“I think they’re going to have some challenges because the dominant name is ‘skin’ and it’s not inherently distinctive,” she explained. “The packaging is debatable, but the packaging is also different colors.”

“Ultimately, I would recommend the use of a coexistence agreement. It’s one of the best things to use in trademark law,” she explained. “They’re really like settlement agreements, but they also dictate how brand leaders govern the marketplace to ensure there’s no confusion between the two brands.”

Pierce believes that as long as every skincare executive clearly states “By KIM” and “By LH” in their brand names, there shouldn’t be any further problems with the coexistence in their lifetime.

“This will help educate consumers that these are two different brands offered by two different sources, which is really the main purpose of the brand,” she explained. “We want our consumers to know exactly who they are getting their products and services from.”

Both Lori Harvey and Desi Perkins have yet to publicly share their thoughts on the similarities between SKKN BY KIM and their respective skincare lines.

Stay up to date with Rosezena J. Pierce on Instagram @TheBizLawyerwhere she shares advice and educational content for entrepreneurs to help them understand everything they need to know about brands and more!

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