In a federal lawsuit, her husband and a son claim she gave them her trademark. She has responded with a state suit saying she licensed it to them with an oral agreement and they have violated that agreement by refusing to stop using the trademark.
The background of the suits date from 1999, when Dakar and her husband, Israel, founded Mindys Cosmetics Inc. The name was formed with the couple’s first initials, and those of their children: Michal, Natan, Donna and Yigal. Mindys, which is run by Israel Dakar and son Natan, makes the skin care products bearing Sonya Dakar’s name and likeness. According to court documents, Sonya Dakar gave Mindys permission to use her name and likeness, and in return Mindys gave her about $200,000 in free product a year to sell. But there was no written licensing agreement.
In July 2008, Mindys sued Sonya in U.S. District Court, saying it owns the trademark to her name because the company was the first to use it and is now completely associated with it. That case goes to trial May 5. Sonya Dakar rejects that claim.
“Mindys says it has acquired the trademark rights because it has spent $5 million marketing products? Then any licensee can claim they own trademark rights,” said Stephen Doniger, who represents Sonya.
Last month, Sonya sued Mindys in Los Angeles County Superior Court, saying she owns the trademark to her name because she was first to use it. She also claims she terminated the verbal licensing agreement with Mindys, but the company continues to use not only her name but her photo, signature and voice in marketing materials.
“Sonya gave carte blanche to use her name and likeness, but all of a sudden she claimed it was a license,” said Al Mohajerian, who represents Mindys. “But she doesn’t have an answer for what the terms are.”
Since the federal trademark suit was filed, Doniger said Mindys has stopped supplying Sonya with product for her clinic and she’s running out.
In another court action, Israel Dakar filed a suit in Los Angeles County Superior Court against daughters Michal and Donna, alleging they are trying to hide community assets by moving money from Mindys and real estate properties established in their names by their parents.
Michal and Donna say these assets were gifted to them.
News & Notes
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