2die4Kourt, Kimsaprincess Inc., Khlomoney Inc., Kourtney Kardashian, Kim Kardashian West, Khloe Kardashian v. Hillair Capital Management LLC, Hillair Capital Investments LP, Haven Beauty Inc., Neal Kaufman, Sean McAvoy, and Does 1 through 10, inclusive
Published: Oct. 29, 2016 | Result Date: Aug. 23, 2016 | Filing Date: Jan. 1, 1900 |Case number: 8:16-cv-01304-JVS-DFM Bench Decision – Preliminary Injunction
Court
USDC Southern District of California
Attorneys
Plaintiff
Jonathan P. Steinsapir
(Kinsella, Weitzman, Iser, Kump & Aldisert LLP)
Michael J. Kump
(Kinsella, Weitzman, Iser, Kump & Aldisert LLP)
Gregory P. Korn
(Kinsella, Holley, Iser, Kump & Steinsapir LLP)
Defendant
Michelle K. Millard
(Willenken LLP)
Gregory A. Fayer
(Fayer Gipson LLP)
Tyler J. King
(Fayer Gipson LLP)
Facts
Plaintiffs 2die4Kourt, Kimsaprincess Inc., and Khlomoney Inc., are "loan-out" companies for plaintiffs Kourtney Kardashian, Kim Kardashian West, and Khloe Kardashian, respectively. The Kardashian plaintiffs are sisters known for their reality television series. Plaintiffs filed an infringement lawsuit against Hillair Capital Management LLC, Hillair Capital Investments LP, Haven Beauty Inc., Neal Kaufman, and Sean McAvoy in relation to a license agreement.
Contentions
PLAINTIFFS' CONTENTIONS:
The parties initially entered into a contract, under which defendants obtained a license to use plaintiff's images for their line of cosmetics. However, defendants allegedly failed to pay royalties under the exclusive licensing agreement, but continued to use plaintiffs' images even after the exclusive license agreement was terminated, thereby prompting plaintiffs to file this instant lawsuit. Defendants allegedly used plaintiffs' trademarks without authorization to design, manufacture, and distribute cosmetic products, causing irreparable harm.
Plaintiffs asserted causes of action for federal trademark infringement, false association and designation of origin, violation of the right of publicity under California law, and California common law trademark infringement. Plaintiffs moved for an injunction.
DEFENDANTS' CONTENTIONS:
Defendants claimed that the agreement was improperly terminated, thereby excusing their obligation to pay royalties. Defendants denied breaching any obligation under the licensing agreement.
Result
The court granted the Kardashian plaintiffs an injunction, enjoining defendants from using the Kardashians' trademarks.
Other Information
FILING DATE: July 13, 2016.
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