A drunken elephant at centre of Sephora TM lawsuit

Cosmetics store chain Sephora has been targeted in a trademark infringement claim by natural skincare manufacturer Green Heart Labs.

In the claim, filed on Friday, November 4 at the US District Court for the Southern District of California, Green Heart alleged that the cosmetics chain was selling Drunk Elephant-branded products that infringe a trademark owned by Green Heart.

The manufacturer, which also sued US company Drunk Elephant, further claimed false designation of origin, unfair competition and false advertising.

Julie Pefferman registered the trademark ‘Aha! Moment’ in class 3 at the US Patent and Trademark Office under number 4,885,439. Pefferman licensed the trademark to Green Heart.

Green Heart said it discovered Drunk Elephant and Sephora were distributing and selling a kit of skincare products bearing the “virtually identical” mark in October.

“Defendants prominently place the infringing mark as the largest text on the front, the side, and the back panels of the infringing product,” said the suit.

It added that the defendants received actual notice of their unlawful and infringing conduct in October, but continued to infringe the mark.

Green Heart claimed that the wrongful conduct has caused injury to its business, goodwill, and property.

The defendants’ infringing use of ‘Aha! Moment’ has caused consumer confusion “and is likely to continue to cause consumer confusion, to cause mistake, or to deceive the public into believing that the infringing product is sponsored by, endorsed by, or affiliated with Green Heart Labs”, the complaint said.

Injunctive relief, a delivery of all infringing products, and an account and disgorgement of all profits is being sought.

Green Heart is also seeking triple, punitive and exemplary damages, and a jury trial.