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15 November 2018Trademarks

Unilever unit aims for Target in skincare TM suit

A developer of luxury skincare and toiletry creams has accused US retailer Target of reselling unauthorised versions of its branded products. 

In a complaint filed at the US District Court for the Central District of California, Western Division, on Tuesday, November 13, Dermalogica claimed it has suffered “irreparable harm” from the alleged infringement.

Dermalogica, which is owned by Unilever, alleged that Target has been selling the products both online and in-store to thousands of consumers. 

The Unilever company owns three trademarks for ‘Dermalogica’ and, according to the complaint, the company goes to great lengths to control the quality of goods that bear the mark.

The skincare brand only sells its goods through authorised sellers, or to customers directly online through its official site. The agreements with authorised resellers prohibit diversion of the products to other resellers, Dermalogica explained.

It added that its authenticity holograms and quality control tags distinguish its genuine products from counterfeits. 

However, Dermalogica alleged that Target has been supplied with the goods by some of Dermalogica’s authorised resellers in violation of the agreements.

Some of the products in circulation had the authenticity holograms labels removed and replaced with “counterfeit replacements in order to thwart the ability to track products”, Dermalogica said.

Dermalogica also accused Target of mimicking the characteristics of Dermalogica’s own marketing materials and artwork to confuse customers.

"Target is using the ‘Dermalogica’ trademark on its display and marketing materials, and is mimicking the characteristics of Dermalogica’s marketing materials, to confuse consumers and create the appearance that Target is an authorised reseller of Dermalogica personal-care products,’ said the suit.

According to the complaint, the infringements have been taking place since autumn 2017 and have continued despite Target being warned about its infringing practice.

Dermalogica is seeking damages, attorneys’ fees and an order preventing Target from continuing its “infringement and unlawful practices”.

Target has been contacted for comment.

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