Credit: Nicholas Hunt/Getty Images for MTV
Monday, October 22, Kylie Jenner went live with her newly-released eye shadow palette, Born to Sparkle. The Kylie Cosmetics founder may have jumped the gun though, as earlier that same day she was reportedly notified of a lawsuit surrounding the product heading her way.
According to Tiffany Herrmann, Jenner swiped the product and name from her brand, Sheree Cosmetics.
“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,” Herrmann 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,” Herrmann continued.
Herrmann’s case may have to jump over a few hurdles though. The United States Patent and Trademark Office marks August 30, 2018, which is weeks after Jenner’s product dropped, as the date of Sheree Cosmetics’ trademark. Still the brand is moving forward with the lawsuit.
“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 said. “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.”
