EXCLUSIVE: Sparkles fly for Kylie Jenner as make-up entrepreneur tells DailyMailTV she's suing the almost billionaire ...

EXCLUSIVE: Sparkles fly for Kylie Jenner as make-up entrepreneur tells DailyMailTV she's suing the almost billionaire for trademark infringement for selling eye shadow called 'Born To Sparkle' Glitter Eyes

Kylie Jenner, worth $900 million, is being sued for selling liquid eye shadow identical to one made by Sheree Cosmetics, a lawsuit filed by the Alabama makeup company alleges
Sheree Cosmetics founder Tiffany Herrmann says her product Born To Sparkle Glitter Palette was on sale in October 2017
Jenner's company Kylie Cosmetics sold makeup called Born To Sparkle Glitter Eyes in August this year as part of the #21 collection to mark her 21st birthday
Herrmann told DailyMailTV taking Jenner to court was the only option to protect her company
The papers were filed today in the US Southern District of New York federal court
Sheree Cosmetics attorney Anthony M Verna III said it could not yet be calculated how much they are looking for in damages from Jenner

By Cheyenne Roundtree For Dailymail.com

Published: 16:38 BST, 22 October 2018 | Updated: 19:25 BST, 22 October 2018

Kylie Jenner is being sued by a makeup company which claims the 21-year-old mogul worth $900 million copied a range of eye shadow and used their name, DailyMailTV can exclusively reveal.

The lawsuit, filed today in federal court, alleges Jenner's company Kylie Cosmetics copied the Born To Sparkle glitter eye shadow palette that had been made 10 months earlier by Sheree Cosmetics.

Sheree Cosmetics launched its Born To Sparkle range in October 2017 shortly after the fledgling company from Spanish Fort, Alabama, began.

But in July 2018, Kylie Jenner posted to Instagram Kylie Cosmetics would be releasing a #21 collection of makeup products in August to mark her 21st birthday. This included Born To Sparkle liquid eye shadow.

Kylie Jenner, 21, is seen above wearing glitter liquid eye shadow called Born To Sparkle that is identical to one made by Sheree Cosmetics, a federal lawsuit filed today alleges

Kylie showed off her Born to Sparkle eye shadow (left) on instagram 10 months after Sheree Cosmetics had released its own Born To Sparkle range (right), the lawsuit claims

Jenner told her 117 million Instagram followers on Instagram, said, 'I can't believe I'm about to be 21. I also can't wait to share this collection with you guys. It's definitely the most-personal collection that I've done so I hope you guys love it.'

Kylie Cosmetics released the 'Born To Sparkle' eye shadow on August 6. Court documents show Sheree Cosmetics filed the trademark for 'Born To Sparkle' on August 30.

In an exclusive interview with DailyMailTV, Sheree Cosmetics founder Tiffany Herrmann said she felt taking Kylie to court was the only option to protect her company.

Herrmann said, 'We feel the need to protect our business. We worked really hard for it and we just want to make sure we protect Sheree Cosmetics and our ideas.

Sheree Cosmetics founder Tiffany Herrmann tells DailyMailTV she felt taking Kylie to court was the only option to protect her company based in Spanish Fort, Alabama

'If you are an entrepreneur and you have an idea, and someone else takes that, stand up for yourself. I am a self-made woman and I just want to make sure everyone understands you need to keep an eye on your business and to protect it at all costs. You need to take a stand.

'I started this business from the ground up. It began in my kitchen and then I built a lab to make the products. I just want to protect what I've worked so hard for.

'We've been in business for just over a year. It's been so successful. We've seen our products used at the Oscars, the Emmys and New York Fashion Week. Model Rachel McCord is a huge fan of ours.'

Kylie Cosmetics first marketed Born To Sparkle Glitter Eyes gold makeup in July this year as part of the #21 collection to mark Kylie Jenner's 21st birthday in August

Herrmann fears Kylie's company may have damaged sales for Sheree Cosmetics' Born To Sparkle range.

She said: 'We are a truly self-made business and I wonder who was led to the wrong Born To Sparkle palette when searching for ours.

'As far as an outcome we just want to make sure that Born To Sparkle is protected and that what is right prevails.'

Sheree Cosmetics attorney Anthony M Verna III explained the complaint filed with the US Southern District of New York cites trademark infringement, trade dress infringement and false designation of origin.

Sheree Cosmetics founder Tiffany Herrmann says her product Born To Sparkle Glitter Palette was on sale in October 2017, ten months before Kylie Jenner marketed her eye shadow

Speaking from his office in Rye, New York, Verna said, 'On trademark infringement, we are claiming that because Sheree Cosmetics was first with this particular name, in this particular set of goods and services.

'False designation of origin is a little trickier to explain but basically we are stating Kylie Cosmetics falsely claimed their product came from Sheree Cosmetics. I certainly think we have some evidence of that as well.

'Lastly, for what we call trade dress, because the look and feel of the products are very similar, again confusing consumers.'

Verna said it could not yet be calculated how much his client is looking for in damages from Kylie.

He said, 'There are a lot of profits made off the mark that my client was first with, but it's impossible to know what those might be at this stage.'

In January 2017 there were reports Kylie Jenner settled with makeup artist Vlada Haggerty after Haggerty threatened to sue her for copyright infringement

Verna explained why the case was filed in a New York federal court when Kylie Cosmetics is based in California and Sheree Cosmetics is based in Alabama.

He said: 'Trademark law is normally a federal matter and we are filing it in New York because both companies do business here. There are a lot of cosmetics sold, there are a lot of fashion shows, there is a lot of promotional value for the cosmetic industry in New York.'

Representatives of Kylie Jenner told DailyMailTV they had no comment.

In July this year, Forbes magazine valued Jenner as being worth $900 million and said Kylie Cosmetics, which she founded in 2016, made up the majority of her fortune, valuing it at $800 million.

Forbes predicted she would become richer while still 21, making her the world's youngest self-made billionaire. Facebook co-founder Mark Zuckerberg has held that title since 2008 at age 23.

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