Just like its founder, Kylie Jenner‘s eponymous beauty company, Kylie Cosmetics, is no stranger to controversy.
From questionable product names (like those blushes with names like ‘Barely Legal’ and ‘Virginity’):
So #KYLIECOSMETICS has based their blush names off of Kylie and Tygas relationship pic.twitter.com/vlQVr889Hs
— aw how tweet (@Heyykrispy) March 21, 2017
…to accusations of straight-up copying smaller brands’ products and promotional campaigns:
@xoShaaan @KylieJenner @kyliecosmetics umm okay?! Kylie did you copy Shannon’s palette? #Shaaanxo #ShaaanxoPalette pic.twitter.com/HRJYIni2NP
— XO (@tamsxt) July 26, 2016
It’s safe to say there’s never a quiet day in Kylie Cosmetics HQ.
Now Kylie’s beauty company is being sued (again), this time for allegedly ripping off another brand with their new ‘Born To Sparkle’ makeup product.
According to TMZ, Sheree Cosmetics is suing Ky-lizzle for making an eyeshadow with the same name and a similar appearance to one of their own eyeshadow palettes.
Here’s the Kylie prod in question:
Kylie’s eyeshadow formed part of her extensive birthday collection, and was even included in one of her celebratory Instagram posts:
https://www.instagram.com/p/BmY6gCHFTHq/
It’s basically one very sparkly, glittery gold mood.
For contrast, here’s Sheree Cosmetics’ eyeshadow palette line by the same name:
https://www.instagram.com/p/BhFwUwinJso/
While there’s deffo some similarities between the pair (*cough* like the EXACT SAME NAME *cough*), the legal technicalities of this situation are pretty tricky.
TMZ reports that Kylie’s birthday collection launched on the 6th of August, 2018. But Sheree Cosmetics didn’t file to trademark the ‘Born to Sparkle’ name until two weeks later, on the 30th of August 2018.
The indie beauty brand maintains, however, that their palette has been available from October 2017, putting it over six months ahead of Kylie’s version.
Given what we know so far, this verdict could honestly go either way.
Sheree Cosmetics is suing Kylie Cosmetics for unspecified damages, meaning there’s no real clue how much something like this could set Ky’s company back.
Having said that, it’s estimated that Kylie Cosmetics made $330 million (USD) in 2017 alone so, chances are, Ky’s gonna be unfazed no matter what the verdict.
What do you think? Reckon Sheree Cosmetics has got a case, or nah?
