If it's already been posted forgive me: MIXED CHICKS is SUING Sally Beauty!!!

[Solitude]

This is how the world of business works, 90% of stores like Walmart, Target, Rite Aid, CVS have versions of all the big name products. You really cant put a patent on ingredients. Now if someone would just come out with a Nivea generic, Id be very happy.

And um, which of their products are the Keracare knockoff ??

Actually, you can patent formulations and designs just like you copyright books and trademark logos. If a design or logo, etc. becomes too common, you can't trademark it. For example, Xerox is a company but once it became a synonym for copy, Xerox lost its trademark battle.

As far as ingredients, you can't, say use a unique Betty Crocker recipe from their book and call it your own, even though they don't own the ingredients. However, you could copy a well-known, generic recipe like apple pie.

 

[davisbr88]

Hey, are you a feature on their website?

No!!!

I think she is referring to this: http://www.essence.com/hair/hair_story/natural_hair_diary_shawntal_smith_attorn.php

 

[natura87]

I was thinking that exact thing. I used to use Infusium leave-in all the time, and I know Sally's has a GVP Infusium at 32 oz for cheaper than the small bottle of Infusium. Yet, I would still purchase Infusium.

Now if Sally's carried a GVP of Qhemet...

Seriously though, I'm actually a really loyal shopper when it comes to a product that I know truly works for me. Mixed Chicks is really expensive though. The Infusium I mentioned was only a few dollars more. I could see myself getting the cheaper version, especially since I know of no place that carries Mixed Chicks locally.

I would have a heart attack.

 

[empressri]

All I can do is laugh!! lawdy. mixed chicks aint small fish in the sea though, so this should be interesting.

 

[JJamiah]

 

[Diva_Esq]

I think she is referring to this: http://www.essence.com/hair/hair_story/natural_hair_diary_shawntal_smith_attorn.php

Oh....sorry, I misunderstood. Yep, that's me!

 

[MyInvisibleChyrsalis]

As an employee I can say that about 70-85% of the products we sell are knockoffs.

Coloresse compares to Pureology
Beyond the Zone compares to Tigi & Catwalk
KeraPro compares to Loreal's Kerastase
Nutri OX compares to Nioxin
One n' Only Argan n Oil compares to MorrocanOil
Hair One compares to Wen
Silk Elements and Purfect Results compares to Mizani
So Gorgeous compares to Big Sexy Hair
GVP versions of every brand from Chi to Nexxus

and 40 more or so Sallys brands. It's like the knockoff perfume version of Calvin Klein.

 

[TruMe]

Either way, as long as I can afford to I will always support the black owned businesses before any large chain. I use MC DC and I love it. Have never been tempted to purchase the knockoff probably because I am fortunate enough to also have a black owned beauty supply store nearby that carries MC.

 

[maxineshaw]

carol's Daughter did the same. They sued a company - because the look was so similar.... Companies have to be careful. CD won- so I hope MC wins!

all in All - Black women can and should not be ripped off by corpate giants...

Walmart sure did keep that junk on the shelf until it sold out.

 

[Honey01]

You can't copyright a recipe. And since many hair products have the same base formula then it is likey not patented. If they wanted to keep it a secret then they shouldn't have put it on the bottles but that would violate labeling laws. The suit is probably a trademark infringement suit where MC will try to argue Sally's mark is so similar that there is a "likelihood of confusion" and that people will think Sallys version is the actual MC.

I am pretty sure you can trademark a formula. I don't the exact specifics though. I believe you might have to change something in the ratios or another.

Didn't Coca-Cola just sue someone?

 

[ChocoKitty]

I get it... When Sally's ads introduced Mixed Silk they also used the "Mixed Chicks" logo. MC didn't give Sally's permission to use the MC logo in their advertisements for MS.

As in "Sally's Mixed Silk compares to MIXED CHICKS"

 

[Your Cheeziness]

I get it... When Sally's ads introduced Mixed Silk they also used the "Mixed Chicks" logo. MC didn't give Sally's permission to use the MC logo in their advertisements for MS.

As in "Sally's Mixed Silk compares to MIXED CHICKS"

Oooooh, if that's the case, that's not cool. Bad Sally's! I'd still get the bootleg if it was comparable.

 

[Bubblingbrownshuga]

carol's Daughter did the same. They sued a company - because the look was so similar.... Companies have to be careful. CD won- so I hope MC wins!

all in All - Black women can and should not be ripped off by corpate giants...

That company- was it Akiva Naturals? I liked them.

Anyway, this reminds me of how Wal-mart comes into an area and closes down the mom and pop business. Yeah yeah, capitalism, blah blah, but I still don't like it.

I don't support Mixed Chicks, but there's a reason why I support online haircare business over commercially available ones and that's quality. When these companies start mass producing products, they begin to lack in quality and sometimes quantity, but hey, it's cheaper, right?

 

[southerncitygirl]

mixed chicks doesn't have a case...unless the product had the exact same packaging, name/logo and was under a patent they have no case! anybody has the right to make a knockoff of something provided that it isn't under a patent or using the exact same name/logo. i believe they are just doing this for attention.

 

[itsjusthair88]

Well, I work in corporate law (and, cross my fingers, will be practicing in the next five years) and as fair as Mixed Chicks initiating a lawsuit (i.e. filing a complaint) then they don't have to have a "valid case" anybody can sue anybody for anything, as far as the courts are concerned as long as the initiating party pay their first filing fees (and if necessary, first appearance fees) then anybody can sue anybody. I don't know the specifics of the matter, but it seems to me that Sally's used MC in their marketing campaigns somehow and therein lies the problem. If that's the route MC is going, then the judge will most likely make Sally's Beauty change packaging and advertising and make them pay damages and possibly restitution. If it's a question of the formula (and formulas can be copyrighted...as another poster stated: intellectual law is extremely complex), then that's a much longer and more serious matter, but IDK anything about that kind of case.

My two cents? I don't see where Sally's did anything wrong, it's just the nature of the beast and larger companies do it all the time and to me, MC is over-priced for the ingredients they offer, just my humble opinion.

 

[iri9109]

http://www.rfcexpress.com/lawsuits/...chicks-llc-v-sally-beauty-supply-llc/summary/

 

[Vshanell]

I didn't know Sally's had a knock off line of Mixed Chicks! I gotta check that out. Not that I was crazy about MC but I'd try the Sally's version because it's probably much cheaper w/no S&H.

 

[Missjae09]

As large and as established as sally's is, I would think they would have handled the legalities before putting the product line out.

 

[divachyk]

As an employee I can say that about 70-85% of the products we sell are knockoffs.

Coloresse compares to Pureology
Beyond the Zone compares to Tigi & Catwalk
KeraPro compares to Loreal's Kerastase
Nutri OX compares to Nioxin
One n' Only Argan n Oil compares to MorrocanOil
Hair One compares to Wen
Silk Elements and Purfect Results compares to Mizani
So Gorgeous compares to Big Sexy Hair
GVP versions of every brand from Chi to Nexxus

and 40 more or so Sallys brands. It's like the knockoff perfume version of Calvin Klein.

Sally's sell perfume???? Really? For real? Shoot, I will be looking next time I'm in my local Sally's. Sally's need to pickup some knockoff Dolce & Gabana Light Blue.

Does anything on the shelf compare to Keracare (someone mentioned Proclaim).

 

[Misstacie]

I aint mad at the MC girls for tryin' to make that money, but somebody needs to be suin' Mixed Chicks for the outrageous prices of their products. So if there is a comparable product at a reasonable price, I don't care if it's called Mixed Silk, Chex Mix, Quick Fix or Pick up Stix. I'll be picking some up to try it.

 

[iri9109]

I aint mad at the MC girls for tryin' to make that money, but somebody needs to be suin' Mixed Chicks for the outrageous prices of their products. So if there is a comparable product at a reasonable price, I don't care if it's called Mixed Silk, Chex Mix, Quick Fix or Pick up Stix. I'll be picking some up to try it.

 

[so1913]

I aint mad at the MC girls for tryin' to make that money, but somebody needs to be suin' Mixed Chicks for the outrageous prices of their products. So if there is a comparable product at a reasonable price, I don't care if it's called Mixed Silk, Chex Mix, Quick Fix or Pick up Stix. I'll be picking some up to try it.

Now this post was hilarious to me lol.

 

[EccentricRed]

:update:

So I went to Sally's on Saturday to get some Hair Mayo and I looked on the shelf where the "Mixed Silk" product sat, remembering this thread. It was nowhere to be found! I wonder if this means they will do a revamped logo, or if they will chalk the products altogether?

 

[reeko43]

Mixed Silk is still on the shelves at the Sally's I visited today.

 

[EccentricRed]

Oh word?

Alright, maybe they just took them out of the Sallys near my crib then. I just thought it was funny that the product was gone when it was there the last time I walked in a couple of weeks ago.

 

[GlamSuiteSalon]

I don't think mix chicks will win their case. Sallys have knock off to many big name product companies like paul mitchell, aveda, revlon to name a few... (which are bigger brands than mix chicks) I'm sure the ingrediants for the products are similar, but not exact. It's not against the law to make a cheaper brand of a product. You have the brand name which is mix chicks & the generic product from Sallys mixed silk. However, if Sallys did use mix chicks logo to lure customers to their product, then that may be another story and case......

 

[Guitarhero]

How is Sally Beauty Supply wrong? Generic brands of food, medicine, beauty products? Wal Mart has the knock-offs, Target, everybody has it. Mixed Chicks is eating up the loss of profit due to the ingenuity of "Black" women to find techniques, products and at-home mixtures that don't require budget busting, as well as the recession. Aveda, Mitchell, Joico, Wen, Moroccan Oil, Redken...true name brands of high quality...did any of them sue? Leave it to the shabby minority business of Mixed Chicks to do such. Oy vey.

Don't get me wrong, I've bought their product and I like it. In fact, I think it's a bit more moisturing than the Sally knock-off. However, I can add something to my knock-off to get more moisturization. Kanye shrug. Now, it occurs to me that they are probably angry that they used "Mixed" on the label. Sowwee! Maybe Mme. Laveau should be suing MC or something.

 

[BEAUTYU2U]

I kind of like the knock off leave-in conditioner. But I understand why they're mad cause it's such a CLEAR rip off of their product.

 

[reeko43]

Sallly's should have packaged it as a GVP which is an obvious generic. The similar packaging is probably the biggest issue that Mixed Chicks may have a shot with.

 

[ajargon02]

LMAO!!

Sallly's should have packaged it as a GVP which is an obvious generic. The similar packaging is probably the biggest issue that Mixed Chicks may have a shot with.

YUP! That's what I was thinkin!