Lipstick copycat claims against Estée Lauder

Posted by Jane on August 09, 2017 / Posted in Trade Marks
Reputable make up brand Estée Lauder have come up fire for copycat packaging are a claim has been filed by Tatcha.

Reputable make up brand Estée Lauder have come up fire for copycat packaging are a claim has been filed by Tatcha.

Tatcha are a luxury skincare brand who also offer a line of cosmetics, including lipsticks.

In April 2015 Tatcha introduced their first lipstick, Tatcha Kyoto Red Silk.  As part of its overall design, Tatcha promoted it as having an ‘elegant and striking trade dress’.

This trade dress included a single coloured case with the brand displayed on the cap, a gold band at the closure and a gold circular medallion at the closure point containing the brand.

Tatcha continued to use this unique trade dress for subsequent lipstick products.

Now, Tatcha have accused Estée Lauder owned Too Faced of copying this trade dress for their new ‘Peach Kiss Lipstick’ product.

The lipstick is not yet on sale but is showing on their website as ‘coming soon’.

Tatcha claim that this has been enough to cause confusion amongst their customers and therefore want to prevent Too Faced bringing the product onto the market.

The claim issued against Estée Lauder is for trade dress infringement and has been filed in California.

Tatcha are claiming damages, injunctive relief and the destruction of labels and advertising bearing the infringing marks.

Watch this space for an update on the lipstick clash.

By Ellis Sweetenham

Jane Coyle
This entry was posted on August 09, 2017 and is filed under Trade Marks. You can follow our blog through the RSS 2.0 feed.

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