Let the hair battle begin! Mixed Chicks is not happy with Sally's brand Mixed Silk. You know how Sally's is always creating their own brands and products based on popular "name brand" stuff? Well, this time they copied Mixed Chicks and they ain't having it!
Mixed Chicks LLC, maker of the well-known MIXED CHICKS® line of high-quality hair care products for individuals of mixed race or with curly hair, filed suit March 22, 2011 against Sally Beauty Supply LLC. In the lawsuit, filed in the United States District Court for the Central District of California, Mixed Chicks claims that Sally Beauty Supply and the other defendants are infringing on the MIXED CHICKS® trademark and the overall distinctive appearance of Mixed Chicks’ hair care products.
In the complaint, Mixed Chicks alleges that “Mixed Silk” products sold in Sally Beauty Supply stores infringe the distinctive trade dress of Mixed Chicks’ products, as well as the MIXED CHICKS® trademark. Mixed Chicks also alleges that Sally Beauty Supply uses the MIXED CHICKS® trademark on its web page search engine to direct consumers to Sally Beauty Supply’s infringing products. Mixed Chicks seeks damages and a permanent injunction from the court preventing Sally Beauty Supply from infringing the MIXED CHICKS® trademark and from using an overall appearance that is confusingly similar to that of Mixed Chicks’ Shampoo, Deep Conditioner, and Leave-In Conditioner. Mixed Chicks also seeks trebling of damages, reasonable attorneys’ fees, disgorgement of illegal profits from the sale of infringing products, and punitive damages in the complaint.
In connection with the lawsuit, Kim Etheredge, one founder and principal of Mixed Chicks, states: “We’ve worked hard to build the reputation of the Mixed Chicks product as one of high quality. We want our clients to know that the ‘Mixed Silk’ products have no connection with our products, and Mixed Chicks has not endorsed or authorized them. We will protect our brand whenever it’s necessary and appropriate.”
What do you think? Have you tried Mixed Silk?
