28 September 2017Trademarks

Jessica Alba seeks to weed out trademark infringement

The Honest Company, a business set up by celebrity Jessica Alba, has attempted to weed out alleged trademark infringement with the filing of a lawsuit against Honest Herbal.

Filed at the US District Court for the Central District of California on Tuesday, September 26, the claim alleged that Honest Herbal, a health and wellness company that produces cannabinoid-rich hemp products, had infringed the mark ‘Honest Herbal’.

The Honest Company was founded in 2011 and sells personal care products that are “safe, effective, beautifully designed, affordable, and responsibly made”.

Alba’s company has filed more than 100 trademark applications and obtained over 50 registrations for the family of ‘Honest’ marks in the US covering products including all-purpose cleaners, swaddling blankets, hats and cosmetics.

According to the claim, The Honest Company has more than 11.3 million registered users on its online store, and sells through national retailers and boutique shops.

“The Honest Company never consented to, sponsored, endorsed, or approved of defendant’s use of the ‘Honest Herbal’ mark in connection with the marketing or sale of any products or services,” said the claim.

Earlier in September, The Honest Company sent a letter to Honest Herbal claiming that the mark was likely to cause confusion, mistake or deception, and requesting that Honest Herbal cease and desist its use of the mark.

The claim added: “This failure to cease and desist demonstrates a deliberate intent on defendant’s part to continue to wilfully infringe The Honest Company’s ‘Honest’ marks and unfairly compete with The Honest Company.”

Alba’s company is seeking injunctive relief, the seizure and destruction of all infringing goods, profits, triple damages, and a jury trial.

Aaron Bradford, founder of law firm Bradford and representative of Honest Herbal, said that the company denies the allegations.

“Honest Herbal is one of over 3,000 companies in the US that fairly uses the word ‘Honest’ to describe their products and brand. Honest Herbal intends to defend its brand, and the company it has built for its customers,” he explained.

Bradford added that the company also intends to “defeat the notion that The Honest Company can extract the word ‘Honest’ from the English language for its use”.

In January last year, WIPR reported that The Honest Company sued a cosmetics retailer after it sent her business venture a cease-and-desist letter over a skin lotion.

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More on this story

15 January 2015   Actress Jessica Alba has sued a cosmetics retailer after it sent her business venture The Honest Company a cease-and-desist letter over a skin lotion.
6 March 2019   Cannabidiol extraction company Mile High Labs has filed a complaint against a competitor, alleging copyright infringement and unfair trade practices.