Tatcha has filed a lawsuit against Too Faced, alleging packaging infringement.
The Geisha-inspired beauty company filed a complaint against Estée Lauder Cos.-owned Too Faced in the U.S. District Court for the Northern District of California in San Francisco on Aug. 7, alleging that Too Faced is about to launch lipsticks that “use and/or imitate Tatcha’s inherently distinctive trade dress.”
In the suit, Tatcha says Too Faced has shown the products through social media, its own web site and to distributors and retailers, and is “already causing confusion in the marketplace.”
Tatcha goes on in the suit to say it is recognized in the beauty marketplace for its packaging, by publications including Allure and Vanity Fair. The lipstick encasing the company says Too Faced is infringing upon consists of a solid color case with brand name on the side, gold band around the bottom, medallion logo closure and a molded plate at the top. Tatcha has released three lipsticks in the packaging — Kyoto Red Silk, Sunrise: A Plum Blossom and Cherry Blossom.
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“Too Faced has added a gold band and logo medallion at the closure, added a molded logo plate at the top, and significantly adjusted the dimensions and placement of its tube indentations to mimic Plaintiff’s distinctive Tatcha Trade Dress,” the company said in the complaint.
Tatcha said in the complaint that the company owns the goodwill of its trade dress as it has been using the packaging since 2015.
In the suit, Tatcha points to comments on Instagram that bring up packaging similarities, including one that said, “The lipstick has the exact same packaging as the [new] Tatcha lipstick, lol.” Tatcha said it notified Estée Lauder Cos. about its concern in a July 6 letter, and that “outside counsel for Too Faced has stated Defendent’s intention to move forward with the launch of the infringing products.”
Tatcha is asking a court to stop Too Faced from using the packaging, and for damages.
Tatcha declined to comment for this story. Too Faced also declined to comment.