Kim Kardashian has reached a settlement with the company who accused her of plagiarizing their work for her KKW Fragrance Line.
Court documents obtained by The Blast detail that Vibes Media has reached a settlement with Kardashian and that it is requesting for an extension of upcoming court deadlines.
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“The parties have reached a settlement-in-principal and are presently finalizing the terms of their formal agreement,” the company explained in the court documents.
The extension would allow Vibes Media to finalize their settlement, which would bring an end to the legal battle.
Vibes Media was seeking unspecified damages when it accused Kardashian’s beauty company of stealing its logo for the bottle of her perfume called Kimoji Vibes. Vibes claims that KKW “has been marketing, promoting, and is now selling a Vibes perfume. The Vibes perfume comes in bottle that is a close facsimile of the Registered Vibes Logo.”
In addition to damages, Vibes Media was also seeking an injunction to keep KKW from continuing to sell the fragrance and an order for KKW to turn over all unsold perfumes so they can be destroyed.
Vibes Media’s claim lies in the packaging of the KKW Fragrance. Vibes argued that KKW Fragrance infringed on its trademarked logo, a blue speech bubble with the word “vibes” written in white lowercase. The Kimoji design is a black speech bubble with the word “vibes” written across it in white uppercase with a slight rainbow penumbra, a design the brand launched along with the Kimoji app in 2015. It has been used multiple times on KKW merchandise ranging from stickers to baseball caps.
See the similarities between the two logos here.
The company also claimed that “there is a strong likelihood that consumers will be confused into believing that [Kardashian’s] Vibes perfume is [Vibes Media’s] product or that it is authorized, endorsed, sponsored, or approved by [Vibes Media],” or conversely that the marketing company is somehow affiliated with Kardashian.
Meanwhile, the 38-year-old recently apologized for using a derogatory word in an Instagram video when her friends could not guess her Halloween costume. While shooting footage of a Halloween party where she and Jonathan Cheban dressed as Pam Anderson and Tommy Lee, Kardashian described her friends as “retarded” for not knowing who she and Cheban dressed as.
Social media immediately erupted in outrage over Kardashian’s use of the word, and she apologized shortly after.
“I want to apologize for what I said in a recent video post that is inappropriate and insensitive to the special needs community. I try to learn from my mistakes and this is one of those times,” she said in a statement “Please know that my intention is always pure, and in this case, it was a mistake. I’m sorry.”