Mixed Chicks Wins Trademark and Trade Dress Infringement Case

What the heck happened to the thread? Don't get hurt over something that doesn't involve you. Don't nobody care if you're mixed. Or if you look mixed. The issue people have is the exclusion of others ie I am not obviously mixed, like most Afro Americans. Does that mean I am not eligible for their products? It's not about fighting for mixed kids. It's about including others. Like another person said, "White Chicks" as a clothing company or "Thick Chicks" as an underwear company. It's just excluding others
 
And great for them that they won. But I like Sally's a lot. That Mixed Chicks stuff didn't help me at all
 
Shadiyah said:
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 taugt 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.
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Guurrrlll.....you is getting butt hurt for no reason.......im sorry you feel that way but.....

that is NOT what we are talking about....regardless if you see it that way or not
 
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I don't care for the brand either, but glad they won the case.

I bet Sally wishes they had used the normal black and white GVP packaging and called it a day.

There are a lot of small startup vendors blatantly ripping off Miss Jessies and Kinky Curly now. They better watch out...
 
prettyinpurple said:
I don't care for the brand either, but glad they won the case.

I bet Sally wishes they had used the normal black and white GVP packaging and called it a day.

There are a lot of small startup vendors blatantly ripping off Miss Jessies and Kinky Curly now. They better watch out...
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That's what I was thinking! What about that brand Aunt Jackies or something. They are OBVIOUSLY ripping off Miss Jessie's. I wonder if they'll be sued too. Sheesh
 
leiah said:
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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leiah I don't think they think of it like that either. I am a business owner and when you pick a name you look for something that is clesha (spelled wrong) you want something that is catchy, something no one will forget.

what I am trying to get at is everyone is taking this name thing just too personal.
 
Diva_Esq

Patent law is very different from trademark law.
In this case Sally's tried to steal Mixed Chicks consumer base using the name/trademark and trade dress of "Mixed Silk". They products, from what I gather, do not have the same ingredients. The formulation of Mixed Chicks (ingredients and process to make) would be something to patent assuming they do not already have a patent.

Patents are only good for a limited number of years and companies can make generic drugs after the patent expires. They can also get a license from the company to make a generic before the patent expires, but they usually would have to share a large chunk of any profits with the original drug maker.


Diva_Esq said:
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....
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kupenda

Aunt Jackie's and Miss Jessie's are not that similar, to me, with respect to trademark or trade dress (or ingredients). I own both brands. I would never mistakenly pick up Aunt Jackie's and think it was Miss Jessie's. Not to mention, the price point is so different that I would know at the register.

auntjackes.jpg


Jessies1.jpg



Mixed Silk is a blatant copy of Mixed Chicks. They were trying to fool people by using the same coloring and font for the packaging.

SBS-373451.jpg


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kupenda said:
That's what I was thinking! What about that brand Aunt Jackies or something. They are OBVIOUSLY ripping off Miss Jessie's. I wonder if they'll be sued too. Sheesh
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I thought that the whole idea of Mixed Chicks was to cater to the less kinky hair type and provide a product that was not heavily mineral oil based...catering to the hair typical of mixed people when black is one component and the other is a race with silky hair? Shrugs.

Anybody can have that hair type, though. Shrugs. Maybe their infomercials made people mad. As for the suit, I have mixed feelings about that. Maybe they should have changed the name but folks copy types of formulas all the time. Tis why we have a billion different similar shampoos and whatnot.
 
kupenda said:
That's what I was thinking! What about that brand Aunt Jackies or something. They are OBVIOUSLY ripping off Miss Jessie's. I wonder if they'll be sued too. Sheesh
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naturalmanenyc said:
kupenda

Aunt Jackie's and Miss Jessie's are not that similar, to me, with respect to trademark or trade dress (or ingredients). I own both brands. I would never mistakenly pick up Aunt Jackie's and think it was Miss Jessie's. Not to mention, the price point is so different that I would know at the register.

auntjackes.jpg


Jessies1.jpg


^I might get these two confused if I wasn't on my hair game like a lot of people are not. Price point, however, is a dead giveaway.

Mixed Silk is a blatant copy of Mixed Chicks. They were trying to fool people by using the same coloring and font for the packaging.

SBS-373451.jpg


yhst-70423349317613_2139_148391.jpg
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^Price point, here, was also a dead givewaway. I know that Sally's knew better. It seems they were just trying something. I'm glad Mixed Chicks won the case. They are the originators, small business and I love their products.
I loved me some mixed silk, too. I've got a few bottles in my stash, so I'm good, but I think I might stash me some III Sisters Of Nature. I'm sure Sally's will develop another method (Macadamia) and I'll be stashing in case they get sued again.
 
I wished I would have tried the Mixed Silk before it was taken off the shelf. Initially, I did not try Mixed Chick because of the name. Now, I absolutely LOVE Mixed Chicks Leave-in Conditioner. I am 100% Black with 4A/4B hair and nothing defines my curls better than this conditioner. I want to throw everything else away!
 
I think that Sally's recognized a market of women that aren't mixed and have looser textures of hair that would not purchase Mixed Chicks because of the name...so they worked to capitalize in that market & were successful. If the Sally line was a flop, there would have never been a lawsuit. Trust & believe. Mixed Chicks products are way overpriced and the name is a huge turnoff to many women. Even mixed chicks.
 
I also don't understand how someone can get offended that people don't care for the name. Really? How would people feel if they walked into a beauty section and saw a product called "For Everyone EXCEPT Mixed Chicks"...LOL. I'm sure that would be offensive to many.
 
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I think the name is silly, but it is not offensive. I think what annoys me is that the product suggests multiracial people have their own special hair type. There are multiracial people with nappy hair, straight hair, and curly hair. Marketing a hair products for "mixed chicks" seems weird. I'm of the opinion that hair products should be marketed to certain hair types not certain people. "Mixed chicks" seems like it's marketing a social idea as a physical reality. I find that to be disquieting.
 
As a mixed race girl, I consider myself mixed race. Not black, not white. Mixed race. I often find that growing up I couldnt find something that worked with my hair. They have found a gap in the market because girls with mixed race hair (type 3 hair maybe) will look for 'mixed race' products. When searching for things before I was on my hair journey I'd google 'mixed race hair' not 'black hair' I feel the name therfore picks up on a gap in the market if that makes sense
 
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Im mixed and both mixed chicks and mixed silk sucked butt to me.. I hated both. I just use all races of product. I use "white" people products and "black" people products to keep an even mix lol jk
 
... as an aside all black people are mixed by definition. BLACK = MIXED w/African and something else :lol:. No original Africans left from the slave trade *nods*
 
the name of the product was a turn-off so i never bothered looking at them.

then again, i am not a 'mixed chick' so I am sure they could care less about my business/spending power. LOL.
 
MixedGirl said:
Im feeling some mixed race hate :(

As a mixed race girl, I consider myself mixed race. Not black, not white. Mixed race. I often find that growing up I couldnt find something that worked with my hair. They have found a gap in the market because girls with mixed race hair (type 3 hair maybe) will look for 'mixed race' products. When searching for things before I was on my hair journey I'd google 'mixed race hair' not 'black hair' I feel the name therfore picks up on a gap in the market if that makes sense
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I understand what you're saying with the word "mixed race" and marketing, but type 3 is not "mixed race hair". It's just curly, and therein lies the problem. I don't feel comfortable with a hair curl pattern being called "mixed race" just because it's common among people who are part African and part non-African. It's a bit rude to slap that label on it because implies some sort of ownerships. That's why I don't call 4a/b hair "black" or "African" hair because there are non-Africans who share my hair type. What about all the women who have type 3 hair but do not have a non-black parent? Do they have "mixed race hair" too? Or is it "curly" on everyone who is not mixed race?

That goes right back to my point about social constructs (i.e. mixed race) being marketed as a physical fact (curly hair). What about all the people who are Asian/White, White/Middle-Eastern, multi-Asian (i.e. Indian/Japanese), or Polynesian/White? They are all "mixed race" too, but most of them probably do not have type 3 hair.
 
I could not have said it better myself Enyo. Your response is the very reason why I personally was not comfortable with "Mixed Chicks". You don't see other brands defining their products by race - maybe pictures, but not race. Whenever I purchase L'Oreal or Tresemme, I don't see "Anglo Women" or "Caucasian Honeys" on the label. I buy it because they work on my hair and the companies are not stupid enough to discriminate on their labels even though their products wasn't initially made for us in mind. It doesn't stop the white folks in my area from buying Cantu and relaxers straight from the BSS (even with the pictures of black women on the boxes). LOL
 
All they are gonna do is repackage it, lol . Its gonna be a Generic Brand now. Now Wen needs to stay in his lane and not even thank about touching my Hair One…
 
Enyo said:
I think the name is silly, but it is not offensive. I think what annoys me is that the product suggests multiracial people have their own special hair type. There are multiracial people with nappy hair, straight hair, and curly hair. Marketing a hair products for "mixed chicks" seems weird. I'm of the opinion that hair products should be marketed to certain hair types not certain people. "Mixed chicks" seems like it's marketing a social idea as a physical reality. I find that to be disquieting.
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I've had the same thought... you have African people (100% in a manner of speaking-for the sake of argument) who have loose hair and mixed people with very kinky hair. So what exactly is "mixed hair?"

I am no more mixed than most other African Americans. On average all of us are mixed *here* in this country and the lines are not that far back. It just many are ignorant of that in their own family history. But people still claim that I am the one who is "mixed" because of my so-called good hair and I CRINGE at that term, good hair... I can't stand it.:angry2: !!!
 
Enyo said:
I understand what you're saying with the word "mixed race" and marketing, but type 3 is not "mixed race hair". It's just curly, and therein lies the problem. I don't feel comfortable with a hair curl pattern being called "mixed race" just because it's common among people who are part African and part non-African. It's a bit rude to slap that label on it because implies some sort of ownerships. That's why I don't call 4a/b hair "black" or "African" hair because there are non-Africans who share my hair type. What about all the women who have type 3 hair but do not have a non-black parent? Do they have "mixed race hair" too? Or is it "curly" on everyone who is not mixed race?

That goes right back to my point about social constructs (i.e. mixed race) being marketed as a physical fact (curly hair). What about all the people who are Asian/White, White/Middle-Eastern, multi-Asian (i.e. Indian/Japanese), or Polynesian/White? They are all "mixed race" too, but most of them probably do not have type 3 hair.
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I recognise that mixed race isn't always type 3, I meant more that thats how theyre marketing it. I recognise that many mixed race people have type 1-4 hair. I didnt really meant I thought that 'mixed hair' is 'type 3'

P.s. please don't hate me..
I was just to say that there was gap in the market for people looking for hair products for 'mixed race hair' I'm not saying thats right or wrong, or that mixed race hair means one thing or another. But for example I get possibly 80% of views on my blog for people googling 'mixed race hair' its because that how SOME mixed race people identify themselves and they have picked up on that.


I'm really struggling to get my point across here. I dont think mixed raced people automatically think that they have different hair to black or white people. I just think that the marketing of a product for just mixed race hair just means that mixed raced people think they have a brand... Like when I personally was to google information about my hair I'd google mixed raced over black or white and they know others will do the same. idk idk idk :blush:
 
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