D.bleu.dazzled, a self-described “favorite” of Beyoncé after the brand’s crystal-embellished second-skin garb starred in last year’s “Black is King” film, filed its complaint against Kardashian and her company in May 2020. In it, founder Destiney Bleu Lewis accused the “Keeping Up With the Kardashians” star—through an executive assistant—of borrowing and purchasing numerous items from d.bleu.dazzled, beloved by Rihanna, Lady Gaga and Lizzo, under false pretenses and then copying those designs.
On May 4, d.bleu.dazzled notified the court of a settlement and requested a dismissal. Details of the settlement are confidential. D.bleu.dazzled originally asked the court to award it $10 million.
Bleu first publicly accused Kardashian of copying her design in June 2017 by tweeting out a Good American promotional video that the reality star had shared. “When someone buys 1 of everything on your site, has you make them custom [d.bleu.dazzled] work, never posts it or wears it, then copies it.”
Kardashian’s attorney sent Bleu a cease-and-desist letter days later denying Good American’s team ever saw her clothes and calling her accusations “flagrantly false and defamatory.” In a public statement released to HuffPost in 2017, Kardashian’s legal team described the claims as no more than a “cheap publicity stunt and an attempt by [d.bleu.dazzled founder] Ms. [Destiney] Bleu to get her 15 minutes of fame.”
Bleu’s attorney responded with a timeline of correspondence going back to October 2016 between Bleu and an assistant and former stylist of Kardashian’s. The documents also included invoices for three purchases made between late 2016 and April 2017 listing Kardashian associates and “KK” as the customer.
The timeline also revealed that Bleu had originally emailed Kardashian’s assistant in April 2017 regarding photographs published online showing Kardashian wearing a bodysuit “extremely similar to a bodysuit” Kardashian obtained from d.bleu.dazzled. The photographs, the lawsuit noted, were part of a promotional campaign for Good American.
In his 2017 letter, Bleu’s attorney, Stephen McArthur of The McArthur Law Firm, said “of course” Kardashian did not infringe on another brand’s intellectual property.
“Copying clothing and fashion is generally not intellectual property infringement,” McArthut wrote. “It is not illegal for Khloe to copy Destiney’s designs—it is just tacky, disrespectful and in bad taste. There is also something deeply uncomfortable about someone with Khloe’s wealth and power appropriating designs and fashion directly from a black woman with a small business without crediting her, making cheap knockoffs, and then attempting to threaten her into silence. You should be ashamed.”
Nearly three years later, however, Bleu filed a legal complaint against Kardashian and Good American, this time through a different lawyer. The suit accused Kardashian and her company of fraud and deceit—if d.bleu.dazzled knew of Good American’s plans to develop a competing bodysuit, it said it never would have sent Kardashian its clothing designs—common law trade dress infringement, misappropriation and statutory unfair competition and common law unfair competition.
According to a notice filed by d.bleu.dazzled on May 4, Good American and Kardashian agreed to a settlement on April 26.
The settlement ends what has been a messy chapter in Good American’s brief history. Founded in 2016 by Kardashian and Emma Grede, the brand has made size inclusivity a central tenet of its philosophy. “We’re committed to challenging industry norms to bring you a collection that is 100% inclusive, always,” its website claims. A jury trial would likely have brought unwanted negative publicity for a company otherwise building its brand on positivity.