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17 July 2018Trademarks

Lush takes on cosmetic brand over TM infringement

The owner of UK-based cosmetics brand Lush has hit a competitor with a trademark infringement claim.

Cosmetic Warriors, the parent company of Lush, filed its claim against Luscious Cosmetics (a Pakistan-based company) and US-based Luscious Group at the US District Court for the Northern District of Illinois on Friday, July 13.

According to the claim, Cosmetic Warriors is a leading supplier of bath, hair care and beauty products made from natural ingredients. Its products are sold in over 200 stores in the US.

Cosmetic Warriors claimed that it has been using the word mark ‘Lush’ (US registration number 2,282,428) and the logo design and accompanying words ‘Lush fresh handmade cosmetics’ (3,102,767) since 1995. The brand began using the marks at its own retail stores in the US in 2002.

The Luscious companies have allegedly been producing and selling cosmetics marketed under the words ‘Luscious’ and ‘Luscious Cosmetics’.

According to the claim, these products are available on the website www.iloveluscious.com and through social media accounts.

Cosmetic Warriors alleged that the Luscious companies use a black and white “presentation” to market their products in a similar way to how the Lush products’ are marketed.

“The products sold by defendants are competitive with and overlapping with the products sold by Cosmetics Warriors under its ‘Lush’ mark,” said the claim.

The continued use of the infringing marks is likely to “diminish the goodwill” associated with Lush products, alleged Cosmetic Warriors, adding that consumers are likely to become confused and think that the parties are related.

Luscious Cosmetics applied to register its ‘Luscious’ mark and design mark at the US Patent and Trademark Office in 2017, to which Cosmetic Warriors protested. The trademarks have not yet been granted.

Cosmetics Warriors is seeking an injunction and damages.

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