NEW YORK — Two brands of spray-on foundation is one too many for Classified Cosmetics.
The creator of ERA Face, the first foundation in an aerosol can, is trying to stop Del Laboratories from manufacturing and selling two spray-on products.
Los Angeles-based Classified filed a motion for preliminary injunction against Del, charging that Del’s Sally Hansen Fast and Flawless Airbrush Make-Up and Sally Hansen Airbrush Legs products infringe on a Classified patent.
A hearing on the motion is scheduled for Aug. 9 in the U.S. District Court of California, Central District, Western Division, in front of Judge A. Howard Matz.
Patented in July 2003, Era Face was designed by celebrity makeup artist Yoland Halston to spray a fine mist of makeup on the face and quickly provide an airbrush finish.
“Classified pioneered this technology. The company’s founders spent many years and their own money bringing this product to market and perfecting the product,” said Gary Hecker, managing director of Los Angeles-based patent, trademark and copyright firm The Heck Law Group, which is representing Classified.
But Del, which was recently purchased by DLI Holding Corp. for $385 million, disputes the motion’s claims.
“Del has denied the merits of their requests,” said Jeff Eichen, attorney for Del Labs. “They intend to defend this vigorously.”