A jury has ruled that Sally Beauty’s Mixed Silk line infringes on trademark and trade dress of Mixed Chicks (shown here).
A jury has ruled that Sally Beauty’s Mixed Silk line infringes on trademark and trade dress of Mixed Chicks (shown here). Mixed Chicks filed the lawsuit in March 2011, asserting that the “Mixed Silk” products Sally Beauty sold in its stores infringed the distinctive trade dress of Mixed Chicks’ products, as well as the Mixed Chicks trademark. Mixed Chicks presented evidence at trial that the overall appearance of the Mixed Silk products is confusingly similar to that of Mixed Chicks’ line.
On Nov. 2, the jury found Sally Beauty infringed the trademark and Mixed Chicks product trade dress. After a nine-day trial in the US District Court for the Central District of California, Southern Division, it was decided that Mixed Chicks suffered $839,535 in actual damages and found Sally Beauty acted willfully and with malice, oppression, or fraud, resulting in a punitive damages award of $7,275,000. The jury deliberated approximately six hours before reaching its verdict.
“We invested our hearts and souls into this company and have built the reputation of the Mixed Chicks products as one of distinction and high quality. It was an expensive case, but we believe in our brand and will fight to protect it. We are pleased the jury has found Sally Beauty willfully infringed and awarded an amount that will make them think twice about doing so in the future. You can’t just bully little companies,” said the trio about their unwavering commitment and monumental win,” co-founders Kim Etheredge, Wendi Levy and Bradley Kaaya said in a company-released statement.