Ken Parker and Alan Wechsler in Law360: Sally Beauty Pays $8.5M To End Trademark Row


Sally Beauty Supply LLC agreed Thursday to pay $8.5 million to hair care company Mixed Chicks LLC after a California jury found Sally infringed the trademarks of Mixed Chicks' line of products designed for multiracial hair.

The settlement is larger than the $8 million damages that the jury awarded Mixed Chicks on Nov. 2, with Sally offering the additional relief to preempt requests for attorneys' fees and disgorgement enhancements, according to Haynes and Boone, LLP attorney Kenneth G. Parker, who represented Mixed Chicks.

Parker told Law360 that the case should encourage small companies like Mixed Chicks to pursue relief when their trademarks have been infringed even though mounting a legal battle can be considered cost-prohibitive.

“Fighting a large company is always an economic decision, but if the plaintiff has been injured, generally juries and judges get it right, so [smaller companies] should have faith in the process,” Parker said...

Mixed Chicks is represented by Kenneth G. Parker and Alan R. Wechsler of Haynes and Boone.

Excerpted from Law360, November 30, 2012. To view full article, click here (subscription required).


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