Small New York Designer Files Lawsuit Against Kim Kardashian’s SKIMS Over Similar Name
Kim Kardashian’s Skims Faces Lawsuit Over "Fits Everybody" Trademark
Kim Kardashian’s shapewear brand, Skims, is embroiled in a legal battle after being sued by a small New York designer, Denise Cesare, over the use of the name "Fits Everybody." In court filings obtained on Friday, Cesare’s brand, Fits Everybody To A T, claims rights to the name and alleges trademark infringement.
The lawsuit, filed on March 31 in the Southern District of New York, spans 43 pages. It accuses Skims of launching its "Fits Everybody" collection despite being aware of Cesare’s trademark. According to the legal documents, the Skims team received multiple notifications regarding the existing rights to the name yet proceeded with the collection’s release.
The claim emphasizes that Kardashian’s influential brand, recognized as a "self-funded woman-owned business," likely underestimated Cesare’s capacity to challenge their infringement. Cesare is seeking an injunction to prevent Skims from using the name and seeks damages, including legal fees and profits accrued from the collection.
Kardashian’s brand, launched in 2019 and valued at approximately $5 billion, is renowned for its extensive marketing and robust celebrity endorsements. Cesare, meanwhile, has been selling apparel under her brand name for nearly a decade. The lawsuit alleges that Skims’ use of the name could cause consumer confusion and threatens to overshadow the smaller brand’s identity, making it "effectively invisible" in search engine results.
Cesare’s legal team asserts that Skims made a "calculated decision" to use the name, betting on its financial strength and marketing prowess to overpower a smaller competitor. The documents detail that the U.S. Patent and Trademark Office (USPTO) has rejected Skims’ trademark applications due to a "likelihood of confusion" with Cesare’s prior registrations.
Mathews, Cesare’s attorney, made a statement emphasizing that trademark law prioritizes the first user of a mark, regardless of a company’s size or popularity. "Our client was first and had no choice but to file suit to protect her brand and small business," she noted.
The suit alleges Skims expanded its "best-selling" collection, reportedly generating between $700 million and $900 million in revenue, instead of ceasing use of the trademark after receiving notice.
As of Friday, representatives for both Kardashian and Cesare had not responded to requests for comments regarding the lawsuit.
