Tensions bubble over in Lush bath bomb dispute
Connecticut-based Tower Laboratories, a manufacturer of effervescent products, has hit cosmetics company Lush with a patent infringement lawsuit.
Tensions have bubbled over between the parties, with Tower filing a claim at the US District Court for the District of Columbia on Tuesday, September 19.
At the centre of the dispute is Tower’s US patent number 6,121,215, called “Foaming effervescent bath product”.
“The invention of an effervescent product … prepared so as to dissolve at a speed such that the product would create a foam was found to be novel and unobvious by the US Patent and Trademark Office, and the patent was granted,” said the claim.
Tower has been manufacturing effervescent products since the 1970s, and the ‘215 patent was issued in September 2000.
Lush sells allegedly infringing bath bombs through its website and in stores worldwide.
These bath bombs are sold under a range of names, including ‘Fizzbanger’, ‘Dragon’s Egg’, ‘The Experimenter’, and ‘Rocket Science’.
“It is anticipated that other products will be identified through discovery,” alleged Tower.
In June, Tower made Lush aware of the infringement twice, but Lush, through its counsel, said it would not “entertain further discussion”, according to the claim.
Tower claimed that it had offered Lush the opportunity to resolve the infringement.
“The Lush entities spurned that offer with no justification for their ongoing infringement. Accordingly, that ongoing infringement is wilful,” said the suit.
Tower is seeking a royalty worth more than $10 million, damages for infringement, and a jury trial.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk