Jet is reporting that hair care company Mixed Chicks was awarded $8 million against the Sally Beauty Supply chain in a trademark infringement lawsuit that has been going on for two years. Chandler Rollins of Jet writes:
“Mixed Chicks had filed a lawsuit against the national beauty supply chain in March 2011, for selling a product called “Mixed Silk” at their over 2,000 locations. The plaintiffs felt that the overall appearance of the Mixed Silk product line infringed on their trademarked labeling due to similarities.”
Similarities between labeling, brand logos, and names happen all too often in the business world. Most of the time, this will be done accidentally, and you’re more than happy to change it. But if you are knowingly doing this, you could be doing more harm than good to your business before it’s even been created. Mixed Chicks had every right to file for a trademark cancellation, as there is an increased likelihood that there could be confusion amongst the public. For Mixed Chicks, they’re doing everything in their power to protect their brand. This is just one of the many grounds for canceling a trademark.
The jury agreed that Sally Beauty had infringed on the Mixed Chicks trademark, and acted “willfully with malice and oppression.” The jury verdict awarded Mixed Chicks LLC $839,535 in actual damages and $7,275,000 in punitive damages.
Mixed Chicks will also be seeking additional monies to cover attorney’s fees. They also want a portion of Sally Beauty’s profits of Mixed Silk products and an order to ban the selling of Mixed Silk products.
Read more at Jet.