Lush files lawsuit to clean up trademark infringement
The owner of cosmetics brand Lush has filed a complaint for trademark infringement and unfair competition against a hair salon in South Carolina.
The claim was filed at the US District Court of South Carolina, Charleston Division, on Tuesday, January 9, against defendant Lush Salon, which provides hair services and sells branded hair products.
Cosmetic Warriors, the owner of the Lush brand, owns multiple trademarks covering the ‘Lush’ mark. The word mark was registered under US trademark number 2,282,428 in 1999, for cosmetic preparations.
The logo design and accompanying words, ‘Lush fresh handmade cosmetics & design’, was registered in 2006, under US trademark number 3,102,767.
The ‘Lush’ marks are also used in connection with salon and spa services, including Lush spas located in Philadelphia and New York.
The complaint alleged that Lush Salon has been using the ‘Lush’ word mark in the advertising of its hair and beauty services, as well as spa services. It also uses the mark in the salon’s web address and social media accounts.
“Defendant’s Lush mark is not only confusingly similar, but is in face identical in sight, sound, and commercial impression to Cosmetic Warriors’ ‘Lush’ mark,” the claim stated.
Cosmetic Warriors said it has been corresponding with the hair salon since May 2015 in a bid to provide notice of the infringing behaviour.
The Lush brand owner is seeking triple damages, injunctive relief, and the destruction of any infringing material. It has also asked the court to order the transfer of ownership of any infringing domain name.
Cosmetic Warriors was founded in 1995 in the UK. It has over 200 Lush-branded retail stores in the US as well as a website, lushusa.com.
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