Mixed Chicks Product Line Wins Lawsuit Against Sally Beauty

Jurors awarded over 8,000,000 to the small company of the Mixed Chicks product line who claimed that the …

MixedChicks wins big!!!!

For the past two years well-known natural hair company Mixed Chicks has been in an ongoing legal battle with Sally Beauty company. Mixed Chicks had filed a lawsuit against the national beauty supply chain in March 2011, for selling a product called “Mixed Silk” at their over 2,000 locations. The plaintiffs felt that the overall appearance of the Mixed Silk product line  infringed on their trademarked labeling due to similarities.

On November 2, the jury found that Sally Beauty had not only infringed on the Mixed Chicks trademark, but had acted “willfully with malice and oppression.” The jury verdict awarded Mixed Chicks LLC $8,114,535 ($839,535 in actual damages and $7,275,000 in punitive damages). In a press release to JET, co-founders Kim Etherege, Wendi Levy and Bradley Kaya spoke on their massive win, ” We invested our hearts and souls into this company and have built the reputation of the Mixed Chicks products as one of distinction and high quality.  It was an expensive case, but we believe in our brand and will fight to protect it.  We are pleased the jury has found Sally Beauty willfully infringed and awarded an amount that will make them think twice about doing so in the future. You can’t just bully little companies.”

Mixed Chicks

 

 

Mixed Chicks Hair Care Products (Good Guys)

sallys rip off

 

 

 

Sally Beauty Supply Mixed Version (Scum Guys)

The trio will also be seeking additional funds for attorney’s fees, a portion of Sally Beauty’s profits of Mixed Silk products and an order to ban the selling of Mixed Silk products. Sally’s beauty supply no longer has a link to there product and when we called they would not answer any questions about the Victory lawsuit Mixed Chicks had with them.

Mixed Silk’s packaging is strikingly similar to that of Mixed Chicks. The pump top on the shampoo & leave-in conditioner is quite convenient for shower use. Silk Elements should have adopted the same design for the deep conditioner; opening and closing it while in the shower is a little time consuming. All of the products have the same strong manufactured fragrant smell. So lady’s and gentlemen you have read it all. Another scum bag company playing and stealing off a entrepreneurs idea. And who needs manufacturers like that in our beauty industry. Of course you will see them at the hair shows and think twice of the hard work a entrepreneur within our industry has to go through to get there product out to the consumer.

The Real Hair Truth!

 

 

The Beautiful Lies Teaser Clip (Release Date Sep 2014)

Beautiful Lies!

 

 

 

 

 

 

 

“The Beautiful Lies” is a documentary that shines a revealing light on the cosmetic and beauty industry. It showcases the passion of entrepreneurs in this business and brings transparency to product perception, health hazards, organic vs. natural ingredients, and cosmetic mislabeling. While it highlights the professionals who have achieved success through innovation, ambition, and perseverance, it also recognizes that this business is dominated by manufacturer greed and control and… Release date September 2014!

Jotovi Designs exposes “The Beautiful Lies.”

Sally Beauty Supply Hacked!

The Real Hair truth

The corporate hacks keep coming. The latest target, according to cyber security blogger Brian Krebs, is the beauty supply chain Sally Beauty, a retailer that draws customers from salons and other stylists. A new batch of 282,000 stolen debit and credit cards were posted for sale this week on underground marketplaces, and Krebs believes they have been used at one of Sally Beauty’s 2,600 stores. It’s the latest scoop from Krebs, who has managed to penetrate the criminal underground to break major stories including the Target and Neiman Marcus hacks. He used a similar technique to help triangulate the source of the Sally Beauty data breach, working with banks to buy back some of their compromised cards and analyze which stores had transactions on each account.

Krebs says the underground marketplaces offering the stolen Sally Beauty card data were also affiliated with the same young Ukrainian man whom he has linked to sales of data purloined from Target. Sally Beauty’s spokeswoman Karen Fugate walked Krebs through the company’s efforts to investigate a possible breach. She said the retailer first noticed suspicious activity around Feb. 24, but so far investigators, including Verizon Enterprise Solutions, have been unable to detect any hacks.

The highly publicized Target breach, coming in the middle of the key holiday shopping season, helped drag down store traffic this winter. But investors have rallied behind the company recently as Target moves to repair the damage caused by the hack. Today, Target announced an overhaul of its security operations, bringing in a new high-level executive to replace the outgoing head of information security, Beth Jacob, who resigned today. The rash of retail-related breaches has intensified the battle between banks and retailers over who should be responsible when a store is hacked. Just minutes before the Sally Beauty news broke, the National Retail Federation submitted a statement to the House asking Congress to resolve the feud in a “holistic fashion.“

Charity asks no questions!

Joseph Kellner

A few weeks ago I came across a dossier in one of my Facebook’s friends profile. And on this profile there was a comments left about other hair dressers work. I have been in this industry for over 29 years and by no means am I a judge or critic of someone else’s work or craft. Especially when I have to keep up my own style of hair coloring, hair design or makeup. There is no way to me for anyone to call themselves a master in the art of hairdressing when it is consistently changing and evolving.  Nor are we able to comment on anyone’s work when they are the artist. Do we know what is going through their minds, no we don’t. But on this profile the “Older generation had to put their two cents in”.  Which I think you need to watch out for in this industry the older generation will sell their souls for a chance to get up on a stage to live off the names of dead men. While in the mean time they will offer you a technique on “Dry Haircutting” and a bottle of “SUDS” and tell you it’s the latest and greatest. “It’s going to change the industry”. Those words were spoken by a man who told me he did all of Vidal Sassoon’s haircuts back in the 50″s. These are your old used cars salesmen of the industry. They will say anything to just catch a fleeting moment of their past, the “Glory Days”, while they have not done anything in the past 30 years. Other than open their wallets to receive a few penny’s from a manufacture for speaking their script.  And if you take a look at their work they are quick to “PAT” themselves on the back and tell you your shit sticks.  They have a group and will only pay you a tribute if you do a “VS” hair style. They will paint a picture of how crappie the new generation work is not up to “THERE PAR”.  They are quick to judge others. While their work still has not progressed since the 1980″s.  A wise tongue and a giving heart goes along way in the beauty industry

I do a lot of photo-shoots every month and all year-long. When I am hired, I am told how to style the hair, how to do the makeup.  That’s the story, and that is how I get paid. Kapish?

real hair truth

The above hair style and hair design was done by a stylist, who I don’t know my friends.  The comments said from fellow hairdressers were as follows.

Ian ‘Gav’ Gavet – We are allowing mediocrity to become a legitimate norm… not good.”

Jim Rondeau  – That picture is beauty school. …… and the looser at that !

Cyrus Bulsara –  Messy hair and disheveled hair…are not hairdressing!

Cyrus Bulsara Hmmmmmm. Licenses should be withdrawn like they do for doctors!

Cyrus Bulsara There’s  a whole bunch of charlatans out there, especially in NY and LA who pat each other on the backs and promote this fugly work. If you had shown me some, of this work when I was at Redken, Clairol, Logics, or Wella, I would’ve laughed! No wonder the two top companies are losing share! And hundreds of managers are being sacked! They brought this on themselves!

Real Hiar truth

Frank Fowden Amen! These so called stylists have to produce this rubbish and call it high fashion because it is a complete lack of personal skill they have to disguise.

Tony Dorso You know what I miss about the old days?…..the haircut was the be-all, end-all of all things…..you could conceivably put color in the same category as right along side of it…..dont get me wrong, of course there has to be fantasy work, up-styling, etc., it just seems to me that we studied and went after the haircutting collections that someone turned out FIRST, (as the foundation of all things), and if they happened to do great up styling, etc. too, then it was an added bonus….I hope what I said makes sense…I’m just thinking back here to the way things used to be……….so much nonsense today….

Cyrus Bulsara - Some of this hair is a disaster and even the company marketing people and trade magazine editors, who are all young and new, don’t know good from fugly! I think this is one of the things holding back the industry! I think we have to take back the industry. And some of you Sassoon and other top trained Hairdressers need to start hitting back. We don’t need to name names or hurt feelings just point out and critique. (I guess I will Cyrus, who by the way is a salesman and not a hairdresser everyone)

Real Hair truth

Now of course these wonderful gentlemen will say, “We didn’t mean that”. But you did mean that or you would have said it another way. Just as I write what I right I will stand behind it. But when the light is turned on in a darkened kitchen they will scatter like roach’s.  But what is said is said my friends. And one day you will pay the price for what you said. Just as I.  Have some compassion my friends. Learn to lead and to motivate my friends. Basically you just do for yourself and your friends. That’s it.  But Charity asks no questions my friends, it just does.  Real professionals would sit back and watch and offer a hint, or ideas to a stylist.  Or wait for a question from that other professional. Notice I said other professional. When you produce a marketable product and you are successful at your craft you have no problem sharing your knowledge. People who feel they need to offer unkind words are normally the ones that are insecure of their work. Know it all’s I say! Being successful is sharing your knowledge with others gladly. We are the secure people. We are seasoned professionals, the helpful. We are the Charity of the profession. We walk the walk and talk the talk! We are the kind.

I would look at this photo and say to the stylist, “What a lovely red color”.  But in my industry a kind word is far away from the present. Professionals take time in creating their own style and with that their is a lot of learning and practicing. But who is to say that if you don’t mimic a Vidal Sassoon style than that is not the way to go. You will find in my industry people will break their backs to do a style that is exactly like a “VS Haircut”. Big Deal, Big Fragging Deal. Do your own thing my friends.  All that time should be spent I feel on perfecting your own techniques. Not reproducing copyright work.  But if you don’t pay homage to the great ones especially the ones who have not done shit in over 30 years you are not going to be anointed by the senior citizens of the industry. People who live off a dead mans name, that’s what they are. Living on the bygone days.  I had a gentlemen in my first film who would charge a total of $10,000 dollars for a dry haircutting class. 10,000 I say to you, for a class. And if you look at the finished work he does it looks like he came from a dog grooming school. His work had no rhythm or reason. Horrible. Another called me and asked if I would help him with a product website, “This product will change the industry Joe”.  I had talked to his money man and he asked if I would send him some examples for a web site. “Sure I said” “But you have to pay me my fee for my time sir”. These guys wanted it all for free, the proceeds from the first film “The Real Hair Truth”  went to people who needed help. Such as websites, books, class’s, blogs and we did them free of charge. But this guy wanted all his shit for free, even after my friend made him a trailer for his website and I even gave him a website for free.  Be careful who you align yourself with in this industry! These people were scam artists. Like the used car salesman of the beauty industry.  We are in an industry that has its own PHOTOSHOP AWARD. NAHA this is a contest who can send in the best Photo shopped pictures and people will get awarded a trophy and be named, “Hairdresser of the year”. And not even be judged in a setting where they do there work in front of a group of Judges.  It’s all a scam. Who can out bullshit who. Take the road less travelled my friends. You will be better off.  Big your fellow hairdressers up, you may not know how hard they are struggling. Have you walked a mile in there shoes?

Busted we win! Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices pays up!

realhairtruth.comI love it, I love it. Busted for whatever the lawyers could get, they got in full from Unilever!. According to documents filed Friday in Illinois federal court, Unilever United States Inc. has agreed to pay $10.2 million to settle a class action lawsuit accusing it of marketing and selling a Suave-brand hair treatment that causes significant hair loss.  The Suave Keratin class action lawsuit was initially filed in August 2012 on behalf of a class of consumers who purchased or used Suave Professionals Keratin Infusion 30-Day Smoothing Kit, a product that was recalled in May 2012. The plaintiffs alleged that the product included dangerous ingredients that caused injuries, and that Unilever failed to properly inform consumers about the proper way to use the product to avoid injury.  During this time frame we at the “Real Hair Truth/Jotovi Designs Inc.” watched closely all the litigations that went forward with this class action lawsuit.  And passed along any and all emails we received from consumers to the appropriate law firms representing the clients involved.  Jotovi Designs Inc. was also used as a avenue for any and all complaints within the professional beauty industry, working hand in hand with consumers and professionals directing them to the proper law firms involved with the plaintiffs.  Now trust me my friends that is just penny’s to them not even nickels or dimes at all. They are a large corporation will it hurt them, “NO” not at all.  These large manufacturers are always in court. Look at L’Oreal, the mother of all lawsuits does it hurt them “No”. They always find a way to push the envelope, this is just a part of there corporate lives. No biggy to them.  The consumer and professional are the ones who get hurt. And trust me the so-called professional beauty industry does not care to inform there industry of these deviate practices. They will actually support these company’s. Basically because they need there money to survive. They cannot do it on there own.

On the Unilever website the company claims that. “Our brands play a major part in helping us achieve our sustainable living aims of helping more than a billion people improve their health and well-being; halving the environmental footprint of our products and sourcing 100% of our agricultural raw materials sustainably”.  Really?

Unilever is a major force in the beauty/cosmetics industry with household names as, Dove, Axe, Lux, Pond’s, Sunsilk, Tresemme, and who could also forget the beauty industry TONI&GUY that you can buy anywhere and beauty professionals will hail the product. Knowing full well they have no exclusive of the product what so ever. But they will sell it in there salons. And buy there tickets to there hair shows supporting TONI&GUY. But that’s another story in itself. The Suave Keratin class action lawsuit asserted claims against Unilever for breach of warranty, violation of consumer fraud and deceptive trade practices statutes and unjust enrichment arising from the manufacture, advertising and sale of the Suave Keratin Infusion smoothing kit. According to the plaintiffs’ motion supporting preliminary approval of the class action settlement, between 225,000 and 260,000 smoothing kits were sold.

Under the terms of the proposed Suave Keratin class action settlement, Unilever will pay $10 million to establish two settlement funds: a reimbursement fund and a personal injury fund. The $250,000 reimbursement fund will be available to Class Members who purchased a Suave Professionals Keratin Infusion 30-Day Smoothing Kit, providing a $10 refund for the past purchase of the product.

The class action settlement injury fund will provide relief to Class Members who suffered bodily injuries to their hair or scalp as a result of using the Suave keratin treatment. Class Members who incurred expenses for hair treatment but who no longer have receipts for their expenditures will be eligible to receive up to $40 per claimant. Class Members who have receipts from their treatments will be eligible to receive up to $800 per claimant for their expenses. Class Members who suffered significant bodily injury to their hair or scalp will be eligible to receive up to $25,000 per claim.

real hair truth.comDuring the filming of my next documentary “The Beautiful Lies”, I received numerous emails for consumers who used this product. Writing to me the causes, and health hazards they experienced with this product.

” Dear Mr. Kellner, I too used this product and fried my hair…4 haircuts later still having issues with dry hair and itchy scalp. Any ideas on what I need to do to promote good hair health?”

” Dear Joseph Kellner,I found this email when reading about the horrible suave keratin product. I haven’t developed any health issues that I know of but my hair continues to fall out. I have had at least 10-12 inches cut off in the last 5-6 months and my hair used to be thick and is now just so thin and horrible feeling. Anything that can be done?”

“I bought the treatment on 3/23/12 from Wal-Mart and I used it a week later.  I have previously used Sally’s brand about 8 months prior so I knew what I was doing and I read the directions correctly.  Not even a week after I used the Suave brand, my hair got considerably lighter, which has never happened and my hair started to fall out.  Even now, every time I was my hair, more of it breaks and I am losing it by the handfuls.  I only use the treatments because after I had my daughter, my hair got wavy and thicker only in the back and I wanted an easier way to maintain my hair.  The treatment I used before worked wonders and seeing as Sauvé’s was a whole lot cheaper, I took a chance.  I know it is not supposed to make it straight, but it is supposed to make it easier to straighten, and this did not do as it was supposed to.  I saw the recall at my local CVS and wanted to know what I am supposed to do from here?  Thanks for your time.”

“I used this kit twice the first time my tightly curled hair was soft shiny the second time at first  I didn’t see any change in my then a couple of weeks after my hair started coming out by the handfuls it took me three years to get the growth I had now all Ivan do is cut it all off and do intensive conditioning treatments .something should be done to suave for the damage it has done to my hair.”

“I to had a bad experience with this product. My hairdresser called their 1800 # to let them know the damage that their product had done to my hair. It’s taken 6 months to get it back to almost normal. This has cost me a lot of money. Another dissatisfied customer”.

“I just used this product a few days ago and my hair is also fried. And when I went to the store to try to find a deep renewing conditioner the product was still on the shelf! I don’t know what to do with my hair at this point. I’ve been trying to nurse it back to life with coconut oil and mayonnaise but it still isn’t enough. Help?!”

Help it has been 4 months for my hair and it continues to break off and is fried.  It seems like it is getting worse not better.  I have spent over $2000 and yet I am still struggling.  No one is responding to my letters Unilever, Suave or Kroger. I tried to join a class action lawsuit with Wasserman, Comden, Casselman& Esensten but they have not contacted me back yet either.  The $12 is not sufficient and my current professional stylist believes it will be at least another year before my hair is back to normal if ever.  I can not afford this!! Is there any hope we will get some resolve from the company.  Please someone help!! This is truly a nightmare and not only has it ruined my hair but my personal life, my professional life and my personal well-being have all been severely compromised. Any information that you might have regarding where I might go next would be greatly appreciated.”

The Suave Keratin settlement will also resolve several similar class action lawsuits that were filed in Kentucky and California.

The Suave Keratin class action settlement agreement was reached after nearly 18 months of litigation and lengthy mediation sessions with former U.S. District Judge Wayne Andersen. According to the court documents, the plaintiffs believe that the settlement agreement is “fair, reasonable, adequate and in the best interests of the Named Plaintiffs and the putative Settlement Class. Unilever, denying wrongdoing of any nature and without admitting liability, has agreed to the settlement terms in order to address claims brought by consumers of Unilever products, and in order to avoid the burdens of continuing discovery expenses and litigation.”

The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Andrew Szot of Miller Law LLC; Peter Safirstein, Christopher S. Polaszek and Elizabeth S. Metcalf of Morgan & Morgan PC; and Jana Eisinger of Law Office of Jana Eisinger PLLC.

The Suave Keratin Infusion Class Action Lawsuit is Sidney Reid, et al. v. Unilever United States Inc., et al., Case No. 1:12-cv-06058, in the U.S. District Court for the Northern District of Illinois.