Breaking Lori Harvey v. Kim Kardashian with a Trademark Lawyer

By now, you’ve probably seen the social media frenzy surrounding the launch of Kim Kardashian’s newest beauty venture, SKKN BY KIM.

“I am so proud of this line of products – not only are they effective, clean, science-backed and formulated for all skin types, but they bring a spa experience right into your home,” Kim wrote in a statement. Instagram caption shared yesterday.

As of 12 noon on Tuesday, the nine-step product line was finally made available to consumers for purchase.

The mogul continued to share her excitement about the product launch, praising the “wanted ingredients”, “clinically proven formulas” and “compostable kraft bags and refills made from recycled materials”.

But these highlights haven’t stopped social media from attacking the entire product line and comparing it to others currently available at the moment, including SKN by LH by Lori Harvey, TEN SKIN by Desi Perkin, and SKKN+.

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

“While everyone is so excited – I’m not even impressed, and I’ll tell you why,” she declared. “Because last year on October 18th, Lori Harvey definitely released SKN by LH. And I already know what some of you are going to say: ‘Oh, it’s different. It’s a coincidence. It’s not spelled the same.’”

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

Social media users have also called out SKKN BY KIM for its packaging that looks remarkably like Lori Harvey’s blue-hued collection, as well as Dezi Perkins’ stone-inspired line.

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

To further flesh out these potential trademark infringements, we reached out to one of the best trademark attorneys in the country, Rosezena J. Pierce, for her input.

Pierce came to be known as “The Biz Lawyer”, with nearly ten years of experience in the world of brands. She is also the founder and CEO of RJ Pierce Legal Group,computer, a law firm specializing in high-end trademark services. Pierce was also ranked 32nd out of 33,000 trademark attorneys in the country. And his company ranked 37th among 28,000 trademark companies in the country.

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

“[With both] is actually a representation of the word ‘skin’. And there are two things here, not only is the name not so distinctive, it’s kind of descriptive,” she explained. “But also for both, there are previous owners that have the terms (skin, skn, skkn). So Lori and Kim may also have other issues with other parts that no one is mentioning because they own the trademarks.”

Here Pierce refers to Brooklyn skincare studio SKKN+, which actually trademarked the name ‘SKKN+’ just days before Kim Kardashian.

According to Page Six“After the makeup mogul filed for SKKN and SKKN trademark by KIMits legal team has received a cease and desist letter from Beauty Concepts LLC, which states it has already blocked the moniker for salon, skin care and spa services.”

In a letter obtained by PageSix Style, Lunsford stated that she has been operating salons under the SKKN+ brand since 2018. And she is not giving up on her fight.

The SKKN+ founder is now pushing for Kardashian to abandon her brand entirely, claiming that a similar name will cause confusion for consumers.

“Under trademark infringement, you always want to look at different elements to determine if confusion is likely,” explains Pierce.

While Kim’s brand, SKKN BY KIM, may be questioned in his battle with the founder of SKKN+. Ultimately, it will be its design and packaging that will come into question in Harvey’s case.

“Lori’s product packaging is a distinctive blue, while Kim’s product is more earthy. But the bottles have a similar look and feel, and that’s what initially baffled people,” Pierce explained.

“There is also a part where you might be confused because [the similarities may lead you to think] that one brand is sponsoring the other brand,” shared Pierce. “And if 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 is forming about the two brands. And based on public opinion, a lot of people think it’s already confusing,” Pierce shared.

When asked for her personal opinion on how this case might work out, Pierce says that SKKN BY KIM might actually have a chance when they face off against SKKN+.

As SKKN+ has made clear its use and employment of skin care services, SKKN BY KIM may operate in other domains that cannot infringe or include this area of ​​use.

As for SKKN BY KIM’s position against SKN By LH, Pierce believes the ruling could 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 distinctive in itself,” she explained. “There may be some arguments about the packaging, but the packaging is also different colors.”

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

Pierce believes that as long as each skin care boss continues to clearly emphasize “By KIM” and “By LH” in their brands, there should be no more problems in their life of coexistence.

“This will help make consumers aware that they are two different brands offered by two different sources, which is really what the brand is all about,” he 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 SKKN BY KIM’s similarities to their respective skin care lines.

Be sure to follow Rosezena J. Pierce on Instagram @TheBizLawyerwhere she shares tips and educational content for entrepreneurs to understand everything they need to know about brands and more!

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