In the complaint, Mixed Chicks alleges that “Mixed Silk” products sold in Sally Beauty Supply stores infringe the distinctive trade dress of Mixed Chicks’ products, as well as the Mixed Chicks trademark.Mixed Chicks also alleges that Sally Beauty Supply uses the Mixed Chicks trademark on its web page search engine to direct consumers to Sally Beauty Supply’s infringing products.
Mixed Chicks is seeking damages and a permanent injunction from the court preventing Sally Beauty Supply from infringing the trademark and from using an overall appearance that is confusingly similar to that of Mixed Chicks’ Shampoo, Deep Conditioner, and Leave-In Conditioner.
In connection with the lawsuit, Kim Etheredge, one founder of Mixed Chicks, stated: “We’ve worked hard to build the reputation of the Mixed Chicks product as one of high quality. We want our clients to know that the ‘Mixed Silk’ products have no connection with our products, and Mixed Chicks has not endorsed or authorized them. We will protect our brand whenever it’s necessary and appropriate.”
Wendi Levy (left) and Kim Etheredge (right), two "mixed chicks", created a product line because they needed it. Then, something happened. . .friends and family started encouraging them to package it, and soon they had a full blown business running out of the garage. After a little door to door hustling, a few celebrity endorsements and a ton of online customer support, MIXED CHICKS is bringing their products to the world.
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