NEW YORK — Revelations Perfume & Cosmetics Inc. last week filed a lawsuit against Calvin Klein Trademark Trust and Calvin Klein Cosmetics Co. alleging breach of contract claims over the “Truth” trademark.
A spokeswoman for CK Cosmetics did not return calls for comment by press time on Friday.
The lawsuit, filed in a New York State Court in Manhattan, said that Revelations sold the Truth trademark to CK in August 2000. As part of the purchase agreement, the lawsuit said, CK granted Revelations a license to use the Truth mark in developing a fragrance and cosmetics line under the trademark Truth Revelations for sale in food, drug and mass merchandising stores.
The suit charged that CK “has sold and caused its Truth Calvin Klein products to be sold in food, drug and mass merchandising stores such as Wal-Mart, Kohl’s, Albertson’s, Drug Emporium, H.E. Butt and Ulta. As a result of Calvin Klein invading the territory reserved to Revelations, H.E. Butt, Kohl’s and Ulta have refused to purchase Revelations’ Truth Revelations products. Sales of the Truth Revelations products have plummeted in Wal-Mart, Albertson’s and Drug Emporium stores,” which are carrying both lines.
Revelations said in the lawsuit that it first used the trademark Truth around June 15, 2000. CK’s Truth was launched in August 2000.
The term of Revelations’ license was three years, with automatic renewal for successive three-year periods, subject to certain exceptions. In 2001, court papers said, Revelations sold $1.5 million of its own Truth line, but those numbers allegedly fell when CK began competing in the same markets.
Revelations is seeking general damages of at least $125,000 and, for certain breach of contract claims, punitive damages.