Mixed Chicks Wins Trademark and Trade Dress Infringement Case

Sugar

Active Member
Hey ladies! I'm still here...but mostly I just read/lurk...still learning lots of things from you all :yep:

I posted this on my blog today:

Mixed Chicks Obtains More Than $8 million Jury Verdict In Trademark and Trade Dress Infringement Case

http://swanghairmagazine.com/?p=4360

11/09/2012
SANTA ANA, CALIF. – A team of California-based Haynes and Boone, LLP attorneys has won a jury verdict against Sally Beauty Supply for a total of $8,114,535 in actual and punitive damages on behalf of Mixed Chicks LLC, maker of the well-known MIXED CHICKS® line of high-quality hair care products for individuals of mixed race or with naturally curly hair.

Mixed Chicks was represented from inception through trial by Kenneth G. Parker and Alan R. Wechsler of the Haynes and Boone Orange County office.

“We are so happy for our client,” Parker said. “Mixed Chicks showed more courage and resolve than I have ever seen from any client in a similar case. They were unwavering. This victory is very satisfying because our client was right and we won against a larger defendant with more resources. We beat a larger legal team, known for expertise in this area, from one of the largest law firms in the country.”

The jury found that Sally Beauty infringed the MIXED CHICKS® trademark and Mixed Chicks product trade dress. The jury decided that Mixed Chicks had suffered $839,535 in actual damages and found that Sally Beauty had acted willfully and with malice, oppression, or fraud, resulting in a punitive damages award of $7,275,000.

The verdict was returned after a nine-day trial in the United States District Court for the Central District of California, Southern Division (Case No. 8:11-CV-00452-AG (FMO)). The jury deliberated about six hours before reaching its verdict.

Mixed Chicks filed the lawsuit in March 2011 asserting that the “Mixed Silk” products Sally Beauty has sold in its stores infringe 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’ Leave-In Conditioner, Shampoo, and Deep Conditioner. The jury agreed.

In addition to the more than $8 million jury verdict, Mixed Chicks expects to move for its attorneys’ fees, disgorgement of at least a portion of Sally Beauty’s profits obtained from sale of the infringing Mixed Silk products, and an injunction stopping the sale of the infringing products.



SOURCE
 
...I'm not the one to gossip BUT, :look:...Someone through the grapevine told they're just mad because the Generic Mixed Silk Line was outselling them :yep:.

:lol:
 
It looks like the plan is to have all of the Mixed Silk products taken off the shelves. So if you like them better hurry :cowgirl:
 
Exactly! That's because it was cheaper and does the same job. I bought Sally's version because the Mixed Chick one was way too expensive.

On the other hand, it irritates me when people come up with ideas and then copy cat comes, develop a similar product and then outsell the original product. Not cool.

...I'm not the one to gossip BUT, :look:...Someone through the grapevine told they're just mad because the Generic Mixed Silk Line was outselling them :yep:.

:lol:
 
What they really need to do is change there damn name......they can passs me with that......same as calling a product "white chicks" or something like that
 
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i'm glad they won.....not because i like the product or don't but because it's a victory for the little "guy" who usually loses in these types of battles. i am glad they were able to fight it and win.

i do however hate their products...they strip my hair and have no redeeming quality for my particular head.
 
It looks like the plan is to have all of the Mixed Silk products taken off the shelves. So if you like them better hurry :cowgirl:

They stopped selling them immediately the day of the verdict. I had that stuff in my cart online ready to buy and it was gone :nono:
 
Wow! What does that mean for Wal-fed and Wal-tussin (knock off Sudafed and Robitussin) and drug store knock offs like that?? Things that make you go hmmm....
 
Wow! What does that mean for Wal-fed and Wal-tussin (knock off Sudafed and Robitussin) and drug store knock offs like that?? Things that make you go hmmm....

Generics are different then knock offs. From my understand, generics are allowed after the patent has expired. Knock offs are just an attempt to duplicate the other products. I do hope Sally's learned their lessons because they do that a lot. It's unfair competition.
 
Thats good they won. Now sallys and others need to learn to not copy from others. Sallys has enough money, so unnecessary... :nono:
 
Chi better not pull this stunt! I ain't paying for their silk infusion!!!

I'm not illiterate. It's my phones auto correct
 
Keen said:
Generics are different then knock offs. From my understand, generics are allowed after the patent has expired. Knock offs are just an attempt to duplicate the other products. I do hope Sally's learned their lessons because they do that a lot. It's unfair competition.

That's all I care about - as long as I can get my GVP Conditioning Balm I'm good.
 
wow I can not believe what I am hearing.... it doesn't matter what we talk about on here someone finds some kind of way to complain about something that has nothing to do with them. I have you know that there are other women that belong to this forum other than Africans. Most of the world right now is mixed with something and it is unfair to make them fill bad about being born into something they had nothing to do anything about. My mother and I were the only ones in our household that had out kind of hair and we had nothing to take care of our hair with but grease and water. I was jumped a lot of times because darker girls with kinkier hair thought I was being too cute.

I have grew up liking all people and not because my parents taught me that because my great grandmother was the most hatred women when it came to color but for some reason I like all people maybe because I was being picked on. I loved all men they each had something unique about them no matter what color they were. I love all women for the same reason. I love all hair for the same reason but I will not feel bad because God made me who I am and if that is Mixed than so be it. how would your family feel if you nixed their side because you had to stick up for the blacks or they will get mad at you??

Please don't come back in here and say that is not what I meant and no one said that because that is what you all mean when you say you hate the name because I have heard it every since they came out with their product.
 
wow I can not believe what I am hearing.... it doesn't matter what we talk about on here someone finds some kind of way to complain about something that has nothing to do with them. I have you know that there are other women that belong to this forum other than Africans. Most of the world right now is mixed with something and it is unfair to make them fill bad about being born into something they had nothing to do anything about. My mother and I were the only ones in our household that had out kind of hair and we had nothing to take care of our hair with but grease and water. I was jumped a lot of times because darker girls with kinkier hair thought I was being too cute.

I have grew up liking all people and not because my parents taught me that because my great grandmother was the most hatred women when it came to color but for some reason I like all people maybe because I was being picked on. I loved all men they each had something unique about them no matter what color they were. I love all women for the same reason. I love all hair for the same reason but I will not feel bad because God made me who I am and if that is Mixed than so be it. how would your family feel if you nixed their side because you had to stick up for the blacks or they will get mad at you??

Please don't come back in here and say that is not what I meant and no one said that because that is what you all mean when you say you hate the name because I have heard it every since they came out with their product.

Uh...wow:lachen: I'm one of those who has a problem with the name and I wouldn't approve of a product that was called 'African-American Silk' or 'Caucasian Silk' either. And it's pretty rich to act like people who dislike the company are being terrible when Mixed Chicks is known for stirring up that team light skinned vs team dark skinned bull. Essentially espousing and supporting exactly the same kind of colorism/discrimination you claim to be so against. Yeah everybody is mixed with something, but this particular company has shown time and again that their definition of beauty does not include my dark skinned self.

And good luck telling me what I can/can't 'come back in here and say'. You can try of course, but if you're waiting for me to care then you might want to grab a book or something.
 
Wow! What does that mean for Wal-fed and Wal-tussin (knock off Sudafed and Robitussin) and drug store knock offs like that?? Things that make you go hmmm....

It's totally different for parma, health & food products. Generic products are legal & regulated. Patents on drugs and many health & food products (basically FDA regulated items) cannot be renewed once they expire. When the patent expires, it's perfectly legal for generic brands to begin going into testing & launch into market.

Viagra just went off patent this year, so soon men will be able to get cheaper paynus pills :lol:
 
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see I knew that no one would remember what I am talking about now lol and Dilettante there is really something wrong with this time and age. no respect for your elders at all lol.
 
:lachen: :lachen: @ this thread. I love all people - black, white, yellow, red, purple, pink, light, dark, unicorn. :look: I still hate the name but it's good that they won though. :lol:
 
I still hate the name but it's good that they won though. :lol:

I'm glad they won too, since Sally's really did seem to be blatantly copying them, but...well I like a lot of the knock off products from Sally's. Do I need to start stockpiling or is Mixed Chicks the only company that's upset?
 
wow I can not believe what I am hearing.... it doesn't matter what we talk about on here someone finds some kind of way to complain about something that has nothing to do with them. I have you know that there are other women that belong to this forum other than Africans. Most of the world right now is mixed with something and it is unfair to make them fill bad about being born into something they had nothing to do anything about. My mother and I were the only ones in our household that had out kind of hair and we had nothing to take care of our hair with but grease and water. I was jumped a lot of times because darker girls with kinkier hair thought I was being too cute.

Well i'm mixed and I find the whole idea of the brand pretty ridiculous. I don't feel bad about who I am, but I don't think it's some exclusive superior thing.
 
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