The lawsuit focuses on packaging copyright, with Tatcha stating that Too Faced’s latest line of lipsticks have similar packaging to its lipstick products, with the suit stating, ‘When defendant’s new lipstick packaging is seen side byside with plaintiff’s products, the extensive similarities are undeniable.’
Consumers are said to have been confused about the packaging since the Too Faced launch, stating the similarities of the white cases, gold label and molded logo plate. Indeed, according to the suit, Too Faced ‘significantly adjusted the dimensions and placement of its tube indentations allegedly to copy Tatcha’s trade dress.’
Following Tatcha’s notification to Estée Lauder of the infringement in June, the company decided to continue with the launch, resulting in the suit.
Tatcha is seeking damages, reasonable royalty fees, corrective advertising payments, attorney fees and other payments.