If it's already been posted forgive me: MIXED CHICKS is SUING Sally Beauty!!!

[1QTPie]

Never tried Mixed Chicks. Never heard of Mixed Silk, but now I want to try it. No shade, but I still don't want to try Mixed Chicks, too pricey.

 

[BraunSugar]

On one hand, I feel bad for Mixed Chicks because... okay I don't. And to be honest, whatever brand Sally's knocks off, I don't care b/c I'm all about the cheap. If the quality is the same and I can get it cheaper, then I'm gonna get the cheaper stuff. I'm frugal. Sue me. *heh heh*

Having said all that, if I had a brand and somebody knocked it off, I'd be all kinds of mad. LOL

 

[Roux]

I need more info on this logo stuff because what i've seen, the logo is different. I think at best all Mixed Chicks can hope for is an equitable remedy to change the logo. Not even the name.

And at least Sally's cares enough to market someone toward someone that looks like me. MC can kiss it. I aint forget *****s.

 

[AlliCat]

I don't understand what you mean by Sally's being endorsed by Mixed Chicks. Are you saying that Sally's has to get their permission in order to produce the knock-off?
Me confused

Assuming that Mixed Chicks has copyrighted/patented their brand and formulas, yes, Sally's has to get permission to copy it. Sally's could have compensated MS to knock-off their products. But that didn't happen. And now MC is pissed because they created the brand and Sally's is capitalizing off it.

 

[EccentricRed]

Never tried Mixed Chicks. Never heard of Mixed Silk, but now I want to try it. No shade, but I still don't want to try Mixed Chicks, too pricey.

I agree! I get nervous about products that aren't readily availible for me to try. A 10 oz. bottle of Mixed Chicks leave in conditioner is $16.99. And most likely I'd have to order it, because there's not a ton of locations in the O-H that sell it. The first time I saw a bottle in a store was in NYC.

Meanwhile...back at Sallys...

It's $7.99. (I swear I got it cheaper than that, though.) I have 3 Sallys within 15 minutes of my crib. Doesn't take a rocket scientist to know what I'm doing.

 

[AlliCat]

I need more info on this logo stuff because what i've seen, the logo is different. I think at best all Mixed Chicks can hope for is an equitable remedy to change the logo. Not even the name.

Yeah I don't think Mixed Chicks has a very strong case only because *we* as consumers know they knocked off but the onus is on Mixed Chicks to prove it. And even if they did have a case, Sally's corporate lawyers would "handle it"

 

[EllePixie]

On one hand, I feel bad for Mixed Chicks because... okay I don't. And to be honest, whatever brand Sally's knocks off, I don't care b/c I'm all about the cheap. If the quality is the same and I can get it cheaper, then I'm gonna get the cheaper stuff. I'm frugal. Sue me. *heh heh*

Having said all that, if I had a brand and somebody knocked it off, I'd be all kinds of mad. LOL

You know, I wonder...if someone ripped off one of my staple brands, would I buy the cheapie? I'm not sure if I would...I don't like Mixed Chicks though so I was fine with trying the Mixed Silk.

 

[DragonPearl]

I hope MC wins. I don't like it when major brand rip off the little startup brands.

 

[JJamiah]

They knock off "KeraCare" too

I thought it was Kerastase

 

[KhandiB]

This is how the world of business works, 90% of stores like Walmart, Target, Rite Aid, CVS have versions of all the big name products. You really cant put a patent on ingredients. Now if someone would just come out with a Nivea generic, Id be very happy.

And um, which of their products are the Keracare knockoff ??

 

[Dposh167]

so what was the verdict of the knock off? is it better than mixed chicks? anyone read the other thread cuz i dont feel like skimming thru it.

 

[AlliCat]

so what was the verdict of the knock off? is it better than mixed chicks? anyone read the other thread cuz i dont feel like skimming thru it.

ya i wanna know too

 

[maxineshaw]

You know, I wonder...if someone ripped off one of my staple brands, would I buy the cheapie? I'm not sure if I would...I don't like Mixed Chicks though so I was fine with trying the Mixed Silk.

I was thinking that exact thing. I used to use Infusium leave-in all the time, and I know Sally's has a GVP Infusium at 32 oz for cheaper than the small bottle of Infusium. Yet, I would still purchase Infusium.

Now if Sally's carried a GVP of Qhemet...

Seriously though, I'm actually a really loyal shopper when it comes to a product that I know truly works for me. Mixed Chicks is really expensive though. The Infusium I mentioned was only a few dollars more. I could see myself getting the cheaper version, especially since I know of no place that carries Mixed Chicks locally.

 

[BraunSugar]

You know, I wonder...if someone ripped off one of my staple brands, would I buy the cheapie? I'm not sure if I would...I don't like Mixed Chicks though so I was fine with trying the Mixed Silk.

Most of the products I buy are national brand stuff from major corps, so for me the knock off buying is where it's at. Now a small part of me wants to support the smaller businesses, but when stuff is $58.43 for 2oz, and the ingredients are some BS like Vaseline, baby oil, & dimethicone, but Sally's (or some other store) has 2oz for $8.99, then I will grab the $8.99 version LOL.

I know some ingredients are more pricey so the product's price would be high, like if you are using organic, natural products. MC isn't even worth the price for the stuff they are throwing in the bottle, so in that case I just don't care 'bout em.

 

[LovelyLouboutin]

Assuming that Mixed Chicks has copyrighted/patented their brand and formulas, yes, Sally's has to get permission to copy it. Sally's could have compensated MS to knock-off their products. But that didn't happen. And now MC is pissed because they created the brand and Sally's is capitalizing off it.

You can't copyright a recipe. And since many hair products have the same base formula then it is likey not patented. If they wanted to keep it a secret then they shouldn't have put it on the bottles but that would violate labeling laws. The suit is probably a trademark infringement suit where MC will try to argue Sally's mark is so similar that there is a "likelihood of confusion" and that people will think Sallys version is the actual MC.

 

[Iluvsmuhgrass]

Now if Sally's carried a GVP of Qhemet...

I know some ingredients are more pricey so the product's price would be high, like if you are using organic, natural products.

And that's probably the reason you won't see any of the natural brands in Sally's. And if you did, you know the quality/ingredient list would be anywhere near as good as some of the smaller natural lines.

I've never used MC and I'm pretty sure I won't. I still think that what Sally's did was brazen and wrong. Hopefully MC had a patent (?) for their formula.

 

[maxineshaw]

It's times like these that make me want to study law.

I googled 'copyright recipe'. This came up:

Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.

Source

 

[MilkChocolateOne]

This is how the world of business works, 90% of stores like Walmart, Target, Rite Aid, CVS have versions of all the big name products. You really cant put a patent on ingredients. Now if someone would just come out with a Nivea generic, Id be very happy.

And um, which of their products are the Keracare knockoff ??

proclaim

.................

 

[maxineshaw]

And that's probably the reason you won't see any of the natural brands in Sally's. And if you did, you know the quality/ingredient list would be anywhere near as good as some of the smaller natural lines.

I've never used MC and I'm pretty sure I won't. I still think that what Sally's did was brazen and wrong. Hopefully MC had a patent (?) for their formula.

Apparently patents are for inventions. According to all I've been reading, you cannot patent something "unless it is inventive, i.e. if you had a new way to make bread that had never been done before that would have vast commercial use because it was better than the state of the art". That quote is from Yahoo Answers, but that's the gist of what is being said across all things I'm reading.

 

[maxineshaw]

proclaim

.................

Thank you for posting that. I've been thinking of trying KeraCare for a while, but I've tried Proclaim and didn't like it.

 

[Softerlove]

Wow...

The PJ in me is wondering if MC wins their case, will Sally's put the MS on like super clearance to get rid of it

LMAO!!

 

[ajargon02]

Good luck to them with that...Sally's is ripping off so many brands, it's ridiculous. I do like Hair One, though (knock-off Wen).

I am surprised that Wen hasn't sued them yet.

Wow...
The PJ in me is wondering if MC wins their case, will Sally's put the MS on like super clearance to get rid of it

If they were smart, when they sue, they would make them destroy the knock off.........

 

[Diva_Esq]

so what was the verdict of the knock off? is it better than mixed chicks? anyone read the other thread cuz i dont feel like skimming thru it.

I was in the other thread. Liked it and raved when I first put it in my hair. By day's end, I looked like a scarecrow! Hair was brittle and dry! It's a no for me. I use Mixed Chicks sometimes, but I have other stuff that works better.

I was mainly interested in the lawsuit b/c I am a lawyer and a PJ!

 

[Roux]

It's times like these that make me want to study law.

I googled 'copyright recipe'. This came up:


Source

And i'm sure that MC knows this which is why they are trying to go the logo route, which makes no sense. If they can get a judge to make Sally's change the name of the product or the way the packaging looks then that could have potential to hurt Sally's slightly in the pocket but won't stop them from carrying the product all together.

I honestly don't see this hitting a trial though.

For the question that Elle posed: I don't think i'm faithful to anyone anymore...my fro has eyes for every product out there...lol

 

[Roux]

Oh and I really like the MS Shampoo, found it moisturizing and non stripping at all for my transitioning hair and my natural hair.

The DC is DIVINE! I absolutely love it. I wish they sold it in a larger size, for that reason alone i'm still on the search for a DC. I need larger quantities with two naturals in the house.

The leave in, I like the smell. It does make my curls pop, but used alone can feel a bit sticky, paired with another product that is moisturizing it's fine. I wouldn't go out of my way to repurchase it.

 

[MilkChocolateOne]

Thank you for posting that. I've been thinking of trying KeraCare for a while, but I've tried Proclaim and didn't like it.

proclaim is based off of keracare's old formulations. Keracare revamped their line and improved many of their products. I wouldn't rule keracare out based on proclaim's performance.

 

[Roux]

I never knew proclaim was a keracare knockoff. I hate both of them. makes sense now.

 

[Lucky's Mom]

carol's Daughter did the same. They sued a company - because the look was so similar.... Companies have to be careful. CD won- so I hope MC wins!

all in All - Black women can and should not be ripped off by corpate giants...

 

[Solitude]

I don't know why everyone is saying Mixed Chicks doesn't have a case. Wal-mart has successfully been sued for clothing designs and logos on their knock-off brands that were too similar to other designers...intellectual property is complex.

Notice that for MANY of its knock-offs, Sally's uses plain white bottles. They don't use red bottles for Chi knock-offs, etc. because they can't. It's not just the formula at issue. It's the branding. If a company can show that Sally's is trying to mislead consumers, it can win.

I'm on my phone so I can't write more, but I did a law school memo on this issue as far as Wal-Mart.

 

[SqrpioQutie]

if their product is truly superior, they should be alright in the long-run right?... i haven't tried MC, but i've tried MS and MS sucks imo.... no moisture, makes my hair tangled, just sucks!!!....

obviously they're doing something right if sally's is "copying" them... and hopefully the expense that goes into suing a corporate giant won't do more harm than good for their company...