Kroma Makeup EU, LLC, a trademark licensee, lacked standing to assert trademark infringement claims against the Kardashian sisters and a U.S. beauty product seller, according to the U.S. Court of Appeals in Atlanta. Following a suit filed by the owner of the KROMA mark against the Kardashians and a beauty product manufacturer for infringement, Kroma also filed suit for infringement. Kroma was the licensee of the KROMA marks in the European market, and it alleged that the sales of allegedly infringing beauty products infringed its rights. A district court held that because Kroma EU was not the owner of the trademark at issue and did not have the right to sue infringers under the licensing agreement, it could not bring claims against the Kardashians or any other alleged infringer. The Eleventh Circuit agreed with that conclusion based on the plain language of the licensing agreement and affirmed the lower court’s decision (Kroma Makeup EU, LLC v. Boldface Licensing & Branding, Inc., April 1, 2019, Goldberg, R.).
Case date: 01 April 2019
Case number: No. 17-14211
Court: United States Court of Appeals, Eleventh Circuit
A full summary of this case has been published on Kluwer IP Law.