Estée Lauder Lipsticks Smacked with Trade Dress Suit

2017/08/11

Cosmetics brand Est e Lauder has been smacked with a trade dress infringement lawsuit over a new line of lipsticks. Japanese luxury skincare brand Tatcha filed its claim at the US District Court for the Northern District of California, San Francisco Division, recently.
Tatcha accused Too Faced, a makeup brand acquired by Estée Lauder last year, of copying Tatcha’s lipstick line. It accused Too Faced of copying Tatcha’s use of a semi-circular cut-out in the cap that “ensures that the trademark is centred above the logo on the bright gold circular medallion”. On Too Faced’s website the brand has advertised a Peach Kiss lipstick product, stating that it is “coming soon”. This is the line of lipstick said to be infringing. “Indeed, it is a tribute to the inherent distinctiveness of the Tatcha trade dress that, even before defendant has brought its infringing products to market, instances of actual confusion among consumers have already occurred,” alleged the suit.

Source: WIPR