Kim Kardashian’s new skincare brand is having a rocky launch. Black-owned Brooklyn esthetician studio Beauty Concepts is suing Kim for trademark infringement over her new skincare line, Skkn by Kim. The founder, Cyndie Lunsford, claims she’s owned the Skkn+ mark since 2018.
However, the reality star’s attorney Michael Rhodes is fighting back in a statement shared with Page Six Style, dismissing the suit as a “shakedown effort. “This lawsuit is not what it seems,” he states before noting that Lunsford sent him a cease-and-desist letter last year.
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“We applaud Ms. Lunsford for being a small business owner and following her dreams. But that doesn’t give her the right to wrongfully claim that we’ve done something wrong. In its letter, Beauty Concepts claimed to own rights to a logo made up of SKKN+, and had just filed for trademark protection for that logo,” Rhodes said.
Lauterford’s lawsuit argues that her company learned in July 2021 that Kim was “going to launch a new skincare line under the brand SKKN and/or SKKN BY KIM,” and Beauty Concepts then contacted her company to “request that they abandon their plans to use a mark that incorporates the most significant elements of Beauty Concepts’ mark SKKN+, namely the letters ‘SKKN.’”
However, Rhodes contends, “The business was a one-person shop offering facials from a single Brooklyn location. The salon had no signage and was by appointment only. To our knowledge, Beauty Concepts sold no products under the SKKN+ name.”
Beauty Concepts reportedly challenged Kardashian’s application directly with the United States Patent and Trademark Office (USPTO) when Kardashian refused to drop the Skkn branding for her line.”Unsurprisingly, the USPTO rejected Beauty Concepts’ own SKKN+ mark saying that ‘skkn’ just means ‘skin,’” Rhodes said. According to the lawyer, Kardashian’s camp reached out “several times” in an effort “to find a sensible path to coexistence.” Still, Beauty Concepts “didn’t really engage with us beyond demanding a lot of money.”
“We think the case is less about the law of trademarks and more about trying to leverage a settlement by threatening to harm Ms. Kardashian’s name and reputation,” he continued. “That’s not going to work and we look forward to presenting our case in court.”
According to Lunsford’s complaint, filed June 28, her company, Beauty Concepts, has “conducted business continuously under the SKKN+ brand in Washington, DC and/or New York, New York, since at least August 2018.” She also states that the company has “used the SKKN+ Marks” alongside products in a physical retail store and a high-end salon service. The company also set up its website www.skknplus.com in 2018 and launched an Instagram account showcasing its logo and advertising skincare services.
After Kardashian filed for trademarks on both Skkn and Skkn by Kim in 2021, Lunsford wrote in a cease and desist letter, “I have painstakingly built my successful small business with my own sweat equity, hard work, and research. It’s clear that I established my brand first.”
“It is hard to believe that Kardashian’s team either did not know about the prior use of SKKN+ or knew and adopted the SKKN brand name anyway to steamroll a small, minority business,” Lunsford’s lawyer told Forbes in 2021. Lunsford’s filing states that after negotiations with Kardashian’s team “failed,” Beauty Concepts began its legal efforts to stop them from usurping its intellectual property rights.” Several months ago, they filed opposition proceedings with the USPTO Trademark Trial and Appeal Board to try to stop Kardashian from using the name “SKKN BY KIM.” Their case is pending, records show.
After negotiations failed with Kardashian’s team, Lunsford’s filing states that Beauty Concepts began legal proceedings to keep Kardashian from using the name “SKKN BY KIM.” Their case is currently pending with the USPTO.
Kim launched her SKKN BY KIM brand on June 21. Lunsford claims in her lawsuit that Kardashian’s actions have caused the public to believe inaccurately that its “goods originate from” the reality star. The case alleges trademark infringement, unfair competition, unlawful, deceptive acts, unfair business practices, civil conspiracy, and common law unjust enrichment. Lunsford is seeking undisclosed damages and has requested a trial by jury.
“Were it not for the willful infringement and usurpation of the SKKN+ Brand by [Kim’s team], Ms. Lunsford’s and Beauty Concepts’ growth trajectory and future success were assured,” the lawsuit reads. “They are now in jeopardy due to the willful and improper actions of the Defendants.”
This is not the first time Kardashian’s newest endeavor has landed her in hot water. On social media earlier this month, Skkn by Kim sparked comparisons with Skn by LH, Lori Harvey’s skincare brand launched in 2021. The USPTO cited no issues with Harvey’s trademark when Kardashian applied for hers, sources close to Skims founder told Page Six Style.