TALLAHASSEE — In the trademark case between the Kardshians and Kroma Makeup EU LLC, the Kardashians might be pushing to compel arbitration for privacy, said Sarah Bro, partner with McDermott Will & Emery LLP.
“Arbitration is a private process between the
parties and the arbitrator, while litigation is carried out in a public
courtroom,” Bro told the Florida Record.
Bro also gave a few other reasons
why arbitration is a positive move for the Kardashians in this case.
is usually less costly and less time-consuming than litigation, and the process
is often more flexible, allowing the parties to set certain rules pertaining to
the hearing process and pre-hearing formalities, such as the exchange of evidence
or questioning of witnesses," she said.
By compelling arbitration, there
will be “little or no option for appeal, which can help to avoid a drawn-out
litigation that can be appealed at various stages in the process,” Bro
However, the U.S. Court of Appeals
for the 11th Circuit determined in a previous ruling that the Kardashians
were denied their opportunity to compel arbitration. This was a result
because they are not considered parties to the contract that included the applicable arbitrarily clause.
In addition to the court not naming the Kardashians as part of the parties in the agreement, they “focused on the
specific language of the trademark license agreement which stated that
arbitration was agreed upon for 'disputes arising between them,' meaning the
trademark owner and the trademark licensee," Bro said.
decision means that the Kardashians will be required to defend against Kroma
Makeup EU’s trademark infringement claims in court, rather than in a private
arbitration proceeding,” Bro said.
Even though the court ruled against
arbitration of the Kardashians, they feel “they should be able to invoke the
arbitration clause in the trademark license agreement because Kroma Makeup, EU is
relying on its rights under the trademark license agreement to assert its
trademark infringement claims in the lawsuit against the Kardashians.”
Since then, the Kardashians have
asked the Florida Supreme Court for further clarification on the ruling from
the 11th Circuit.