You couldn't tell from how happy Kylie Jenner seemed to be while announcing three new Lip Kit colors on her Instagram Story on Monday evening, but earlier in the day, she got some pretty disappointing news: A makeup brand called Sheree Cosmetics filed a lawsuit against Kylie Cosmetics. According to Daily Mail, the suit alleges that Kylie Cosmetics' Born to Sparkle eye shadow copies Sheree Cosmetics' eye shadow palette of the same name.
Sheree Cosmetics founder Tiffany Herrmann provided a statement to Allure. "Our Glitter Palette, Born to Sparkle, was created in September 2017 and went live for sale on our website on October 2017. We were the first to enter the market with this concept. Kylie then released her own glitter eyeshadow (same product) named the same name (Born to Sparkle) in 2018, long after ours, and proceeded to heavily market the same product with the same name, after ours was already on the market," she said. "As we were first to market with name and product, we knew we had to protect our trademark and stand up for our business."
Although the Born to Sparkle palette was launched in 2017, United States Patent and Trademark Office records reflect that the trademark Herrmann mentions wasn't filed until August 30, 2018, several weeks after Kylie Cosmetics' Born to Sparkle was launched as part of Jenner's 21st birthday collection.
"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," Herrmann says. "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."
It's worth noting that while the name Born to Sparkle refers to glitter eye shadow in the case of both brands, Sheree Cosmetics' Born to Sparkle is the name of an entire palette with 15 pressed shades, while Kylie Cosmetics' currently sold-out Born to Sparkle is an individual liquid eye shadow shade.
"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 tells Allure. "You can’t take the vision out of the visionary!"
Kylie Cosmetics declined when asked to provide a statement.
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