Mixed Chicks Founders Face Copycat Dilemma

January 24th, 2012 - By Charlotte Young

Kim Etheredge and Wendi Levy

Kim Etheredge and Wendi Levy were making hair history for multicultural women across the US with their “Mixed Chicks” hair products. They had put in eight years of hard work to develop and market their product, and were earning an annual revenue of $5 million. But then, Inc.com reports, they discovered the alarmingly similar “Mixed Silk” brand. The Sally Beauty Supply product line for mixed race women came in packages that looked all too familiar. And with its cheaper price tag, the imitation brand threatened to ruin everything the entrepreneurs had  built.

In 2004, Etheredge and Levy debuted “Mixed-Chicks,” a hair solution to the struggles the two dealt with as women of mixed race that they hoped would also help women with similar hair textures. Their product line, which includes shampoo and conditioner, began to sell in salons and beauty-supply stores across the US. In 2009 it even caught the eye of celebrity actress Halle Berry, who named the brand one of the “must-have products” in three national beauty magazines.

That same year, a representative from Sally Beauty Supply approached the two entrepreneurs at a trade show. The woman liked their product and invited the two to speak further about a partnership with Sally Beauty Supply. At first, the opportunity to have Sally Beauty Supply carry their products seemed incredible. But the two did their research and decided that the corporation’s strict return policies weren’t for them.

The duo’s dismissal wasn’t enough to deter Sally’s Beauty Supply. The chain went on to create “Mixed Silk,” and with Sallys’ clerks claiming it was practically the same thing as “Mixed Chicks” except cheaper, the two soon realized that their business was at stake.

Etheredge and Levy found themselves in a difficult situation. If they sued the billion-dollar company, they faced paying $250-500,000 a year in a legal battle that could last for years. In addition if they lost their case, the two risked having to pay Sally’s for lost revenue.

Then again if they won their case, it was a chance to possibility get rid of “Mixed Silk” and collect damages for lost sales and reputation.

“Kim and I felt the same way,” Levy tells Inc.com. “There was no way we could just sit there.”

In March 2011, “Mixed Chicks” formally filed a lawsuit against Sally Beauty Supply for trademark infringement, trade dress infringement and unfair competition claiming that the chain was selling and advertising an imitation of their product.

The co-founders are still locked in a legal battle, and await their May 15 trial date. The lawsuit has cost them big. Although they won’t disclose how much, they’ve had to postpone their plans to take the business international for now. The business has continued to grow in the US, and last year added seven new products and increased its distribution to 3,000 stores.

At the end of the day, the women have no regrets about their decision to sue. As Etheredge says to Inc.com, “You can’t just bully little companies.”

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  • Mariah LA

    I have hair prone to frizz that’s been chemically treated and over-ironed for years. I iron my hair 2 times or more a week, and when I attempt to wear it curly it’s always unruly. After trying It’s a Ten, Mixed Chicks, and countless other conditioners, I’ve finally found what works: Shielo Hydration Condtioner. I’ve also tried Shielo Hydration Shampoo, which honestly was not as effective. Just the conditoner works VERY well. When I straighten my hair after using this product it feels silky and healthy; when I wear it curly the frizz is minimal. I’m also half African-American, and even though Shielo doesn’t usually market their products for black hair, I encourage women of color to try it!

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  • G_l_o_86

    Mix Chicks a complete bullshit product. It does not work, and I’m mixed.

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  • Charissehill

    I wished I wouldve known about these products when my children were younger. They are not immediately mixed however, they both have that kind of hair that really shouldve been nurtured by not so strong products.

  • Charissehill

    I wished I wouldve known about these products when my children were younger. They are not immediately mixed however, they both have that kind of hair that really shouldve been nurtured by not so strong products.

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  • Dionerobertson

    Praying for your success with your lawsuit; Mixed Chicks!!
     

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  • http://executees.net/ Executees

    Wow, I hope The Mixed Chicks win their lawsuit.

  • Nay Hottamale Howard

    I am of mixed race also, ( half black and half mexican) and for a few years I had read about the Mixed Chicks products and always wanted to try it. When I saw a similar product at Sally’s I thought why not give it a try? Personally the products worked well on my hair and the price was affordable. Anytime I decide to wear my hair natural I use these products and have not been disappointed. I don’t see anything wrong with Sally’s marketing a similar brand for any consumers who may not be able to afford the original Mixed Chicks brand- there’s nothing wrong w/that in my opinion.

  • Nay Hottamale Howard

    I am of mixed race also, ( half black and half mexican) and for a few years I had read about the Mixed Chicks products and always wanted to try it. When I saw a similar product at Sally’s I thought why not give it a try? Personally the products worked well on my hair and the price was affordable. Anytime I decide to wear my hair natural I use these products and have not been disappointed. I don’t see anything wrong with Sally’s marketing a similar brand for any consumers who may not be able to afford the original Mixed Chicks brand- there’s nothing wrong w/that in my opinion.

  • Julie3

    All the best Kim and Wendi…you were right for going forward. Sally’s is wrong as two left shoes. Highway robbery.

  • Jg5501

    I made the mistake of buying Sally brand and after using it one time, it is still sitting in the shower. I have tried to give it away, but why give someone something that is not good for their hair. Don’t waste your money on Sally’s brand.

  • Too Damned High!

    No one was trying to bully them. It’s  called capitalism. That sounds fair to me.

    Yeah, the Mixed Chicks brand is too high. So, another company saw a market, an opportunity, and followed suit. It happens all the time, especially in the hair care industry. The Koreans have been doing this to black owned/founded beauty companies for years.  That’s the nature of capitalism.

    Additionally, Mixed Silk is a brand exclusive to, and only sold in, Sally Beauty Supply Stores. It is not widely distributed.  Their product positioning doesn’t compete with Mixed Chicks at all. Even the packaging doesn’t look all THAT similar. Sally’s actually did a better job branding their product, and their bottle is more streamline. The color of their product  is darker.

    I’m not sure how the two sets of ingredients compare, but they appear to be two uniquely branded, packaged and marketed products.

    Sally’s markets to their already loyal customer-base, only; and not via national advertisement. Mixed Chicks’ target market is broader than that. 

     IMO, they’re going to loose.

    • Too Damned High!

      Also, if people are loyal to, and can afford, Mixed Chicks, they won’t settle for Mixed Silk, anyway.  IMO, they could have better invested their money in marketing research, instead of filing a lawsuit.

    • Too Damned High!

      *Correction in regards to Sally’s not marketing via national advertisement. Basically, I haven’t seen where Sally’s has purchased ad space in national channels specifically targeting ethnic women. The only place you’ll see their product advertised is in their Sally’s regional sales promotion inserts. That’s not on the same level as purchasing print ad space in, say, Essence Magazine.

    • Too Damned High!

      *Correction in regards to Sally’s not marketing via national advertisement. Basically, I haven’t seen where Sally’s has purchased ad space in national channels specifically targeting ethnic women. The only place you’ll see their product advertised is in their Sally’s regional sales promotion inserts. That’s not on the same level as purchasing print ad space in, say, Essence Magazine.

      Again, no one is trying to bully them. Sally’s simply addressed the consumers who liked the Mixed Chicks product, but could not afford it – since, their requests fell on deaf ears with Mixed Chicks.

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