Lady Burd v. Estee Lauder
This article was originally published in The Rose Sheet
Executive Summary
Trial date for Indelible Lips trademark infringement case set for April 3. Manhattan federal court refuses Estee Lauder's argument that the mark is a generic phrase in a Dec. 3 decision. The court states that because the term "Indelible Lips" is a registered mark owned by Lady Burd Exclusive Cosmetics, "the burden of proof falls on Estee Lauder to demonstrate genericness." It is disputable whether Indelible Lips is "directly descriptive of a property of certain lipsticks or is indirectly suggestive of some property of the lipsticks in question," the court says
You may also be interested in...
OCA Applauds Organic Board's Recommendation To USDA: "Outlaw Nanotech"
With a push from the Organic Consumers Association, the National Organic Standards Board is recommending that the use of nanotechnology be strictly prohibited from products certified under the National Organic Program
Beauty Claims Inch Closer To Pharma As Cosmeceutical Sector Expands
Though global market-size estimates differ, analysts at SupplySide West 2010 in Las Vegas agreed that cosmeceuticals remain a promising growth vehicle
Marketing In Brief
ModiFace launches forecasting tool: Toronto-based virtual makeover firm introduces ShadeCast, a makeup sampling and forecasting tool based on behavioral tracking. ShadeCast is used in conjunction with iPhone application MakeUp, which allows consumers to virtually try on makeup in hundreds of shades from brands including Revlon, Cover Girl, Lancome and Clinique. ShadeCast offers 1,000 cosmetic shades from 40 brands and assigns a ShadeScore "to approximately position the [app's] hottest and most sampled color." ModiFace exec Nikkie Gatto likens the app to radio music playlists, helping consumers "looking to capture the current look, but also provide vital market intelligence to our retail channel partners," she says in Nov. 3 release. "The value of data to demonstrate the aggregate behavior will help the industry predict the latest trends and help cosmetic manufacturers better understand the color and products which most resonate with online and iPhone virtual makeover users," the company says