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Lashify Asks International Trade Commission to Look Into ‘Unlawful Importation’

The lash brand claims imports of Kiss lash products violate a tariff act.

Lashify is asking the U.S. International Trade Commission to look into “unlawful importation” of certain false lash systems, following a lawsuit the company filed against Kiss Nail Products Inc. in August.

In the August filing, Lashify sued Kiss for patent infringement, saying Kiss violated two Lashify patents when it launched a copycat of the company’s $145 Control Kit.

In the ITC complaint, Lashify alleges that Kiss, along with Ulta Beauty, Walmart, CVS and certain manufacturers, violated section 337 of the Tariff Act of 1930 by importing products that “infringe Lashify’s intellectual property.” 

Lashify is asking the ITC to stop the import of lash systems it says infringe on its patents, and for the group to block sales, distribution and marketing of those products.

Lashify’s false lash system is meant as a do-it-yourself version of eyelash extensions, with silk lashes that fit closely under the lash line as well as application-related products. Kiss makes products for the mass market, and sells a $19.99 Falscara Eyelash Starter Kit that contains lashes and application-related products.

In the August lawsuit, Kiss alleges that Falscara “willfully copied Lashify’s technology without license.”

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