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Repêchage Enters Round Two in Glow Recipe Dispute

The two parties are in dispute regarding an exfoliating cotton swab.

The tug-of-war between skin-care business Repêchage and e-commerce retailer Glow Recipe continues.

Lydia Sarfati, chief executive officer and founder of Repêchage has responded to the Glow Recipe founders’ reaction to a YouTube video that Repêchage put out in early January, accusing Glow Recipe of misrepresenting the origin of a product named, Yoon Dermaline Marine Complex Exfoliator.

“Repêchage has been selling premier seaweed-based skin-care products domestically and internationally for over 35 years, including South Korea (since the Nineties),” Sarfati said in a statement. “Throughout this time, we, our products and our intellectual property have become widely known throughout the world. The consuming public has come to associate us with providing innovative and unique products. We value our intellectual property and protect it when we must. Glow Recipe came to our attention within the past year. They are a recent entrant into the marketplace. Once we discovered that Glow Recipe was selling a product that we believe adopts several elements of our packaging, design and other intellectual property, we notified them of our rights from the Rapidex Marine Exfoliator so they would cease from competing unfairly. When they requested additional information, we provided it to them. We asked them to contact us directly so we could resolve this, but they never responded to our offer. Unfortunately, despite our repeated attempts to resolve this matter amicably, no response has been provided and they took no actions to change the Yoon Dermaline Marine Complex Exfoliator to avoid [infringing on] our intellectual property.

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It went on, “Repêchage is an established skin-care brand sold in over 44 countries. Repêchage is not new to the Korean or American skin-care market and thus has no reason to piggyback off of Glow Recipe’s publicity. The Rapidex Marine Exfoliator has been sold in Korea since 1996 and was presented on Korea’s home shopping network in 2014. Repêchage strongly believes that Glow Recipe’s allegations and claims are entirely without merit and Repêchage will vigorously defend itself should any legal proceedings be commenced by them. Furthermore, although we would rather resolve this matter in a businesslike manner, Repêchage will consider taking legal action against Glow Recipe, if Glow Recipe’s actions do not stop.”

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For it’s part, Glow Recipe cofounder Sarah Lee noted that the business stopped selling the Yoon product about a month ago.

“This is a conversation that needs to take place between two brands,” Lee said. “Yoon Dermaline is a brand that we curated, we have nothing to do with how they manufactured or how they initially started the product development.…We’re a retailer at the end of the day, so for example, if Repêchage had an issue with a Sephora or  Ulta [Beauty] in the U.S., I highly doubt those retailers will deal with any specific brand patent issues.…This brand, Yoon Dermaline, and this product, Marine Complex Exfoliator, is no longer being sold on our site, we didn’t want to complicate anything, we just took it down. It’s actually been more than a month since we did that … This product was not on QVC, I think we mentioned in social media that we said something on QVC that directly speaks to the product that they have in terms of the format or the patent that they have, but it’s really not the case. From what I understand, they were claiming they have a patent for their packaging design, which comes in a tube with a Q-tip inside the tube. What we sold on QVC was a peeling swab that comes in a pouch that looks completely different than their product. I’m happy to connect her with the brand directly — that would be my position. We’re a retailer, we’re not a brand. We’re not selling the product period.”

As of today, neither Repêchage or Glow Recipe has filed a lawsuit.