Wednesday, October 12, 2016

Trish McEvoy Files Trademark Lawsuit Against Too Faced Cosmetics

Company Backgrounds:

Trish McEvoy is a well-renowned makeup artist and Founder of Trish McEvoy Beauty. She founded her company in the mid-seventies when the only readily available makeup tools were the sponge applicators that came free with compacts. Client-demand for Trish’s custom-made products led to the development of her groundbreaking color and skincare lines followed by the launch of her mood-elevating Fragrance Wardrobe. In 1995 Trish changed the face of makeup with the invention of her patented Makeup Planner beauty organizer, the one-and-only portable makeup vanity. In 2003, Trish McAvoy published a book titled “The Power of Makeup: Looking Your Level Best at Every Age.” The book is essentially a guide to help women align their skin care and beauty routines with their individual degree of makeup use. Today Trish McEvoy is synonymous with the very same principle that is the foundation of her business: makeup has power, inside and out.

Too Faced Cosmetics was created in the late 90’s by Jerrod Blandino and his partner Jeremy Johnson. The duo longed to start a company that brought glamour and femininity back to the cosmetics industry. Inspired by a love of Paris, unabashed girliness and the transformative power of cosmetics, they created Too Faced, a boutique brand with big dreams. The company quickly became known as a beauty industry game-changer, inventing the world’s first glitter eye shadow, plumping gloss, and 24-hour crease-proof shadow primer.  Today, Too Faced Cosmetics has grown into a leader within the beauty industry, creating innovative cruelty-free cosmetics that women love to wear. Too Faced strives to empower others to “Own There Pretty.”

When most people hear the phrase “The Power of Makeup” they think of YouTube Beauty Guru, Nikkietutorials. In 2015, she released a video showing the transformative power of makeup which went viral, garnering her millions of views. The tagline “The Power of Makeup” began to pop up all over social media, with 1,000s of individuals following in Nikki’s footsteps. As a result of her new found fame, Nikki recently collaborated with Too Faced Cosmetics to release a limited edition makeup palette called, “The Power of Makeup” which has led to the following lawsuit.

The Lawsuit

Late last month Trish McEvoy, LTD. filed a suit against Too Faced Cosmetics, LLC in New York claiming that Too Faced had entrenched on their trademarked tagline, “The Power of Makeup.”

A representative for the Trish McEvoy brand claims that the alleged use of the trademark by Too Faced Cosmetics is likely to confuse costumers and damage the company’s brand. The company has been using the tagline since 2004 after the release of McEvoy’s book.

Lawyers for Too Faced Cosmetics have insisted that Trish McEvoy has not used the trademark, and that the use of the designation by Too Faced did not violate Trish McEvoy’s rights.

Both brands are comparably placed in the beauty market with each reporting annual revenues of around $200 million.

Currently Trish McEvoy is seeking monetary damages


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