BEAUTY INNOVATORS OF MIXED CHICKS HAIR CARE BRAND
WIN MONUMENTAL LAWSUIT AGAINST SALLY BEAUTY
OBTAIN MORE THAN $8 MILLION IN JURY VERDICT,
A HUGE STEP FOR SMALL BUSINESSES!
After an almost 2 year legal battle against Sally Beauty, 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, has won a jury verdict against Sally Beauty totaling $8,114,535 in actual and punitive damages.
Mixed Chicks filed the lawsuit in March 2011, asserting that the “Mixed Silk” products Sally Beauty sold in its stores infringed 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’ line.
On November 2nd, the jury found Sally Beauty infringed the MIXED CHICKS® trademark and Mixed Chicks product trade dress. 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)),it was decided that Mixed Chicks suffered $839,535 in actual damages and found Sally Beauty acted willfully and with malice, oppression, or fraud, resulting in a punitive damages award of $7,275,000.The jury deliberated approximately six hours before reaching its verdict.
Co-founders Kim Etheredge, Wendi Levy and Bradley Kaaya set a precedent for small businesses that might be too afraid to take on a multibillion-dollar company. “We invested our hearts and souls into this company and have built the reputation of the Mixed Chicks products as one of distinction and high quality. It was an expensive case, but we believe in our brand and will fight to protect it. We are pleased the jury has found Sally Beauty willfully infringed and awarded an amount that will make them think twice about doing so in the future. You can’t just bully little companies.” said the trio about their unwavering commitment and monumental win.
Upon introduction and guidance by general counselor Marea A. Barsky, Esq. of Mortensen &Reinheimer, PC, Mixed Chicks acquired the representation of Kenneth G. Parker and Alan R. Wechsler of Haynes and Boone, LLP, at trial.
“We are so happy for our client,” Mr. Parker said. “Mixed Chicks showed more courage and resolve than I have ever seen from any client in a similar case. We beat a larger legal team, known for expertise in this area, from one of the largest law firms in the country.”
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.
About Mixed Chicks: Mixed Chicks have become innovators of an entirely new category in hair care focusing on multi ethnic hair. They were the first brand to embrace a VOID in the market place which was product for people of MULTI-ETHNIC race. Since 2004, Mixed Chicks LLC (www.mixedchicks.com) has designed, developed, manufactured, and sold its line of high-quality, specialized hair care products intended for mixed race individuals or anyone with curly or frizzy hair. The products include MIXED CHICKS® shampoos, MIXED CHICKS® deep conditioner, MIXED CHICKS® leave-in conditioner, and the HIS MIX shampoo and leave-in conditioner for men of mixed race or with curly hair. Products are available at fine retailers and via Mixed Chicks’ website, www.mixedchicks.com.