- The Kardashian sisters won a legal battle against their former business partner Haven Beauty – which used the stars’ name in products without their permission
- Judge James V Selna tossed the cosmetic company’s appeal and affirmed the original decision to grant the sisters an injunction
- The business partnership between the two parties soured after Haven did not pay the famous siblings royalties for the Kardashian Beauty line
- Haven alleged that Kim, Kourtney, and Khloe breached their agreement by failing to provide invoices and by trashing Haven Beauty in the press
- The appeal blasted the judge’s decision to side with the sisters, explaining how their business would be ‘irreparably harmed’ by the court order
Kim, Kourtney, and Khloe have scored another victory in the legal battle over their scrapped beauty line – after a judge refused to lift an injunction against a cosmetic company selling Kardashian-branded products without permission.
Documents obtained exclusively by Dailymail.com show the sisters’ former business partner, Haven Beauty, filed an appeal explaining they provided substantial evidence to show their business would be ‘irreparably harmed’ by the court order.
The cosmetics company had a longstanding relationship with the reality stars but the partnership went sour after a string of claims and counterclaims between the two sides.
Haven had sued the sisters for $10 million last year demanding an injunction against them from trashing the line of makeup products.
They alleged they had a deal with the Kardashians to promote the new line of products, but claim that once it was released, the sisters released a statement saying they had no involvement with them.
The trio quickly fired back – accusing Haven Beauty of failing to pay them royalties on the products and breaching their agreement.
Last year, Judge James V Selna ordered Haven to stop advertising or promoting the Kardashian Beauty makeup line or from selling any further products along with displaying or advertising the names of Kim, Kourtney and Khloe or using their images online.
However, the company was soon granted a stay of the injunction by the same judge after they headed back to court and filed and emergency motion for stay pending Appeal.
Haven blasted the judge’s decision explaining it would cause them to shut down all business operations and lay off all of its employees along with having no chance to recoup its $12 million investment into the-now defunct Kardashian Beauty line.
The company, owned by Hillair Capital, also argued that the district court abused its discretion in granting the injunction ‘by holding that the Kardashians are likely to succeed on the merits of their trademark infringement and state law right of publicity claims.’
But Haven’s claims were slammed in the lawsuit, which states: ‘There is evidence in the record showing that the parties’ licensing agreement (Agreement) contemplated that Hillair would make quarterly royalty payments based on product sales.
‘Although the Kardashians were supposed to provide invoices for the royalty payments owed to them, the Agreement states that their failure to do so did not affect their “rights to receive the amounts due.”
Haven Beauty, filed an appeal explaining they provided substantial evidence to show their business would be ‘irreparably harmed’ by the court order
‘Therefore, the evidence supports a finding that the amounts were “due” notwithstanding any failure to generate an invoice.’
On May 26, the appeal court sided once again with Kardashian clan and affirmed the original decision stating that by allowing the company to continue trading the products the sisters would ‘lose some measure of control over their business reputation.‘
The order also states it is uncontested that no royalty payments were ever made to the sisters and that Haven’s continued use of the Kardashians’ trademark for the life of the agreement was a violation despite whether or not the reality stars actually breached the deal.
Court papers state that ‘this is enough to support a finding, at this early stage, that the Kardashians likely will lose some measure of control over their business reputation in the absence of injunctive relief.’