News & Analysis as of

Intellectual Property Protection Cosmetics

Fenwick & West LLP

Tariff Turbulence: Legal Risks Rising as Counterfeits and Dupes Surge

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Recent tariff increases are not only disrupting beauty brands’ supply chains and pricing strategies—they're also amplifying legal risks associated with counterfeit and "dupe" products. As authentic goods become costlier,...more

Fenwick & West LLP

Dupe or Deception? What e.l.f.’s Win Over Benefit Means for Beauty Brands

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The battle over beauty “dupes” just got more interesting. In a major win for e.l.f. Cosmetics, a California federal judge ruled that its Lash ’N Roll mascara doesn’t infringe the trademarks and trade dress of Benefit...more

DLA Piper

Federal Circuit Asked to Rethink ITC’s Longstanding Exclusion of Investment Categories for Economic Domestic Industry

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A US Court of Appeals for the Federal Circuit panel consisting of Judges Sharon Prost, Richard Taranto, and Raymond Chen recently heard oral argument in Lashify, Inc. v. US International Trade Commission, an appeal from a...more

Troutman Pepper Locke

Trademark Case Shows Infringement Is Often in the Eye of the Beholder — Federal Court Rules in Favor of Beauty Company’s “Dupe”...

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Conventional notions of trademark law suggest that emulating a popular product or service carries certain legal risks. However, a recent federal ruling highlights the complexities of trademark infringement cases involving...more

Quarles & Brady LLP

Protecting the Product: Beauty Products

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The beauty industry is ever changing, and makeup trends and viral product releases can drastically increase a company’s profits.  However, without proper legal protection, competitors can quickly replicate a product, eating...more

American Conference Institute (ACI)

[Event] 11th Annual Forum on Cosmetics & Personal Care Products - March 20th - 21st, New York, NY

ACI’s 11th Annual Legal, Regulatory & Compliance Forum on Cosmetics & Personal Care Products is back on March 20–21, 2024, in New York City. The “Modernization of Cosmetic Regulation Act of 2022” (MoCRA) on the federal level...more

American Conference Institute (ACI)

[Event] West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products - September 28th - 29th, Santa...

The American Conference Institute is hosting its first West Coast Legal, Regulatory, and Compliance Forum on Cosmetics & Personal Care Products in Santa Monica on September 28-29, 2023! This conference comes just in time to...more

Goodwin

3 Reasons Beauty Cos. Should Consider Pursuing Patents

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​​​​​​​Intellectual property protection is more important than ever in the beauty industry as the market for cosmetics becomes more crowded and competitive. Some cosmetic companies have used patents as a key tool to...more

McDermott Will & Emery

Intellectual Property & Health | News To Know – June 2022

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RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used...more

Weintraub Tobin

Podcast: The Briefing from the IP Law Blog - Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

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In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. ...more

Weintraub Tobin

The Briefing from the IP Law Blog: Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

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In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media. ...more

Fish & Richardson

IP and Cannabis: The Current Landscape

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Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more

Knobbe Martens

Keeping up With the Kardashian-[Jenner]’s Trade Secret Battle

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On June 19, 2020, Kim Kardashian West’s (“Kardashian West”) company KKW Beauty, LLC (“KKW”) was sued in California Superior Court by its business partners Seed Beauty (“Seed”) alleging trade secret infringement. According to...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Seyfarth Shaw LLP

Boss Moves in Makeup: A Look at the Future of Cosmetics

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Seyfarth hosted its first “Future of Cosmetics and Personal Care Products" event in its New York office on November 12, 2019. The event brought together industry leaders and Seyfarth attorneys for a timely conversation on the...more

Akerman LLP - Marks, Works & Secrets

APOGEE at its Nadir for Louis Vuitton at Federal Circuit

The Federal Circuit recently sustained the Trademark Trial and Appeal Board’s (“TTAB” or the “Board”)  refusal to register Louis Vuitton Malletier’s (“LVM”) trademark APOGÉE for perfumes, a decision that will concern...more

Ballard Spahr LLP

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

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From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Patent Beauty: IP and the Cosmeceutical Industry

The cosmeceutical industry is ever more competitive and continues to grow with a myriad of new cosmeceutical products entering the market every day. Well-established and new companies are busily adapting to new trends...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

BCLP

EU Retail News - July 2016

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BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

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