Two indie beauty brands are locked in a trademark dispute.
Skin care brand Sachi Skin has filed a lawsuit against Current State parent company Seemark Brands, alleging trademark infringement.
In court documents filed in New York May 12, a complaint from Sachi Skin alleges trademark infringement, false designation of origin and federal unfair competition, and dilution by blurring and/or tarnishment, and unfair competition, among other allegations. Those are brought against Seemark Brands and its cofounders Emily Parr and Majeed Hemmat.
Parr and Hemmat launched the brand Current State in Target earlier this year. It is the sister brand to the prestige skin care brand HoliFrog, which debuted in 2019 with an array of cleansers and has since expanded its offering to include adjacent categories.
“Defendants are selling their skin care products with the confusingly similar Current State of Skin branding on its packaging,” the suit stated, adding that the plaintiff sent a cease-and-desist letter to Parr and Hemmat at the end of January.
“Defendants’ adoption and unauthorized use of its infringing marks that are confusingly similar to the Sachi marks are likely to cause false, misleading, confusing, mistaken or deceptive impression in the minds of purchasers resulting in damage and detriment to Plaintiff and its reputation,” the suit continued.
Sachi Skin, which was founded by Farah Bashir, has four products and holds trademarks for States of Skin, New States of Skin, State of Change, per the filing, and has applied to trademark Skin States. In a petition dated Jan. 26, Seemark Brands filed for cancellation of Sachi Skin’s “States of Skin” trademark registration, citing the phrase as an often-used descriptor [that] does not function as a trademark.
Prior to that, Parr and Hemmat requested Sachi Skin’s consent to coexist as part of its application to register Current State of Skin, which was not granted and the application was then refused, per the lawsuit.
“The concept of Sachi Skin and the brand is the result of two decades of working to support and serve as an aesthetician and cosmetic formulator,” a statement from Bashir read. “I’m ready to stand with my community and firmly defend what we’ve created in Sachi Skin.”
Bashir and her legal representation did not immediately respond to additional requests for comment Thursday. Parr declined to comment, and Hemmat did not immediately respond.
Nigamnarayanan Acharya, Parr and Hemmat’s lawyer from Greenberg Traurig LLP, said, “Seemark Brands Inc. will defend this case vigorously.”