Brooke Shields is raising an eyebrow at the Charlotte Tilbury Brow Lift pencil that comes in the shade “Brooke S.”
The actress, whose distinctive brunette feathered brows long preceded the bold, shaped look currently on trend, sued Charlotte Tilbury Beauty Inc., Sephora USA Inc. and a group of department stores including Nordstrom Inc., Bergdorf Goodman Inc. and J.C. Penney Co. Inc. for allegedly selling the $30 pencil without her permission. The suit was filed Wednesday in state court in Los Angeles.
Shields said in the suit that she was looking into developing her own eyebrow-oriented products when she came across a Charlotte Tilbury pencil “already stamped” with her name. Shields has previously worked with MAC Cosmetics on its product line from 2014 that had referenced various celebrities including herself, Diana Ross and Raquel Welch, according to the suit.
“From the beginning of her career, Shields’ bold eyebrows have been the trademark of her look and a target for endorsements and collaborations,” the complaint said. “Tilbury named the product after Shields hoping to capitalize on Shields’ iconic eyebrows.”
A representative for J.C. Penney declined to comment Thursday, saying the company doesn’t comment on pending litigation. Charlotte Tilbury and the other defendants did not immediately comment on the suit.
The eyebrow pencil at issue, which also comes in the shades “Grace K,” “Naomi,” “Rita” and “Super Model,” is described as a “three-way lift, shape and shade tool,” according to the complaint. The “Brooke S” shade is marketed for customers with “dark blonde to medium brown hair,” the suit said.
Shields said she hasn’t lent her name to other cosmetics products since the MAC collection. In January 2018, she revealed an apparel and accessories collection for QVC, titled Brooke Shields Timeless.
“The product named for Shields falsely suggests it is endorsed by Shields and undoubtedly attracts consumers hoping to emulate her signature look,” the complaint said.
The suit claims the apparent reference to her name without her permission amounts to a transgression of common law right of publicity. In California, which also has a right of publicity statute, courts generally scrutinize the commercial use of a person’s name by someone else.
Shields, who is represented by the law firm Venable LLP in the suit, is seeking compensatory and punitive damages.