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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