That year, the two women were working the Mixed Chicks booth at a trade show when a rep from Sally Beauty Supply came by. According to Etheredge, the woman said she liked their idea and suggested that they talk further. The two co-founders were thrilled. A few months later, a Sally Beauty rep called to talk about stocking Mixed Chicks's products. It was an enticing opportunity. But after learning about some of the chain's strict return policies—one provision allowed Sally Beauty to discount Mixed Chicks's products by any amount at any time—Etheredge and Levy declined.
About an hour after Etheredge learned about Mixed Silk, another retailer called with a similar report. Etheredge and Levy immediately dispatched employees to buy the products. Etheredge tested them that night and was unimpressed. Later, she visited a Sally Beauty store and found Mixed Silk prominently displayed on the checkout counter.
When she asked about it, a clerk told her it was "a generic version of Mixed Chicks" and "virtually the same thing. The two women mulled the problem for about a month. They researched what business owners in similar situations had done and consulted with a handful of attorneys. They considered sending a cease-and-desist letter, demanding that the chain immediately stop making Mixed Silk. The problem with that approach: If a court ruled against Mixed Chicks, the two women could be forced to compensate Sally Beauty for any lost revenue.
On the other hand, if Etheredge and Levy filed a lawsuit and won, they might be able to get Mixed Silk off the shelves—and collect damages for lost sales and a tarnished reputation caused by customer confusion with what Levy and Etheredge considered inferior products.
It would also be a major distraction for the women, who had plenty of work to do managing their growing business. On the other hand, if they did nothing, the outcome could be even worse. Could they live with themselves if they did not stand up for themselves? In March , Mixed Chicks filed papers to sue Sally Beauty Supply for trademark infringement, trade dress infringement, and unfair competition, alleging that Sally Beauty Supply markets, sells, and advertises imitations of Mixed Chicks's products.
The suit seeks damages, punitive damages, attorney fees, and repayment of any profits from Mixed Silk. Citing the litigation, Sally Beauty Supply declined numerous requests to comment for this story. Mixed Chicks is still embroiled in the lawsuit. But Etheredge and Levy remain passionate about what they see as an important cause: setting a precedent for small businesses that might be too afraid to take on a multibillion-dollar company.
Says Etheredge: "You can't just bully little companies. Formally educate yourself. Getting an MBA or specialty degree is often talked about as a key step to running a successful business. The Mixed Chicks defy this rule: Both Levy Kaaya and Etheredge readily told me they had had no formal business education before launching their company and they have not obtained degrees during their time at the helm of Mixed Chicks. I was specifically told this by an investor in one of my early businesses.
Levy Kaaya and Etheredge, friends before and after their founding of their beauty products powerhouse, boldly break this rule. Focus on social media. This is a new rule entrepreneurs feel is becoming critical. The beauty products industry is highly visual, and you would think the Mixed Chicks would have gone all out on their social media strategy. Now, the company does have social media within their marketing plan and someone on staff to manage their company presence , I found it fascinating the two co-founders themselves have chosen not to enter the social media rat race — neither of the co-founders have personal social media accounts.
Instead of speaking for the product, Levy Kaaya and Etheredge choose to have the product speak for itself. They said they rather focus their energy on creating unique value for their customers. This is one of the rules few entrepreneurs openly discuss. When you create a product that becomes successful, you undeniably will have competition. When people come to us on social media, email, or at shows, they are coming with questions about caring for their hair, embracing their hair, and understanding the cultural differences that come up around curl talk.
Kim: "We have the first-hand experience, which is a helpful resource when developing those relationships with our customers beyond the products. We live it, breathe it, and see it. We are authentic and relatable because our experiences growing up mixed-race informed our brand and not the other way around. You see many products that have a story behind them, or perhaps they were riding the wave of a new trend, but for us, it was a personal need that we experienced growing up.
We wanted to satisfy our personal needs and then help other people by creating a solution to a problem. Wendi : "Agreed. Our staple is our Leave-In Conditioner. What do you identify with? Who do you look more like? I think people are seeking relatability. They have a pattern of putting attention on aspects of their race or culture as opposed to their accomplishments. For example, when Gabby Douglas was competing in the Olympics and being scrutinized for her hair not lying down in a ponytail as if elite athletes during competition have room for such distractions as their hair when they are focusing on being the greatest.
Kim: "I think Wendi and I have the only brand that is really about supporting and embodying being mixed-race, and we cemented that with our name.
We see many brands now include multicultural models in their ads or use the term multicultural in their products in order to capitalize on what they view as a trend.
We want to be judged for our character, morals, and what we can offer the world. Wendi: "[Vice President Harris] is part of the change in what has been an evolving environment for some time now. We saw that wave coming when former President Barack Obama came into office in , and his mixed-race identity was the subject of countless conversations.
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