August 17, 2017

Tatcha Allegedly Suing Too Faced Over Lipstick Design

Tatcha is apparently suing Too Faced over the design of their new Peach Kiss Moisture Matte Long Wear Lipstick that’s launching at the end of this month with the Peaches and Cream Collection. I long for the days when makeup and beauty was drama-less! Don’t you?

Apparently, the Peach Kiss Moisture Matte Long Wear Lipstick looks a little too similiar to the packaging Tatcha uses for their Plum Blossom 23-karat Gold Illuminated Lipstick. Both lipsticks appear to come in the same white casing and sport a larger clasp logo emblem at the base of the barrel. If you want to get really technical about things Marc Jacobs Le Marc Lip Creme has had the same clasp on their lipstick even before Tatcha and Too Faced I believe although, the barrel is shaped differently.

In this case imitation isn’t the best form of flattery because Tatcha is serious about their design so serious in fact they are taking it to court allegedly!

I wonder how this will impact the Peaches and Cream Collection launch which is less than two weeks away! Will the lipsticks be removed from the collection? Or will they release on time?

I’ll be following the news closely and update you as more info becomes available.

What do you think?

26 Comments

About the Muse

Isabella MuseIsabella is just an average everyday geeky girl who doesn’t blend her eyeshadow correctly, wears too much blush, and hopes she never finds her holy grail products because she likes the thrill of the chase so much. Her mission is to bring you super honest reviews on makeup, skincare, fragrance and all things beauty. She’s in no way an expert on the topic and she sure as hell isn’t a super model. But she’s passionate about makeup and is seeking like-minded individuals that like pina coladas, getting caught in the rain, and ones that enjoy spending hundreds of dollars at Sephora without feeling buyer’s remorse. If you’re that person feel free to reach out and leave a comment or follow me on Facebook, Instagram, Twitter, and Bloglovin‘.

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Comments

  • Megan

    I’d be mad too. I saw people saying that the TF Golden bar chocolate palette is a copy of Makeup Revolution’s copy of TF’s original chocolate bar When does it end? Hahah

    • Isabella Muse

      I dunno, I’m torn on this one because the clasp emblem isn’t really “new”. Marc Jacobs had it before either brand I believe.

      • Jenniferffrank

        I think you are correct Ms. Muse. So actually the design was taken from MJ, and the color of the tube was changed. It’s just lipstick people!

  • Sarah

    The design of the lipstick is very similar to Tatcha’s, and with Too Faced being truly two-faced in every sense of the word I wouldn’t be at all surprised if they were “inspired” by Tatcha and thought they could pull a fast one.

    (Though, the design of Tatcha’s lipstick bullet reminds me of Cle de Peau’s bullets and…hmm…)

    We’ll see how this plays out, but I’m with you – I wish beauty wasn’t so dramatic! Why can’t we all just experiment with colors and textures and enjoy makeup for what it is?

  • kjh

    Frankly, I would think, no HOPE, that the Tatcha differentiated itself by formula, and was vastly superior and more lipcare laden. As to the tube design, they are remarkably close. As if they came from the same factory, on the same mfg specs. Choose a slight color variation, slap your logo on the clasp/pusher thingy and atop the bullet and Voila. If a lawsuit emerges, and the tubes were constructed by the same manufacturer, there is probably some culpability at the mfg level. But everyone treats tube design as a closely held secret. (Like HIIPA, right?).
    So if co. B’s design team puts in the bid for what they want, and it is uncomfortably close to co. A….. the mfg cannot disclose it. Maybe the designer of tf is influenced by the designer for T. Sue Devitt packaging (and product) was quite derivative of her mentor, Nars. Somehow, I don’t see industrial espionage…a plant in Tatcha to steal their tube design. Not only are those two cos in different ball parks, they are playing different sports. The takeaway for this is how much money is at stake, that T would defend their design against an ?imitator? Otherwise, a suit seems somewhat frivolous, as WGAS? But when you think of the focus groups, mkt research, and mfg bidding (amongst others) that are done for each product, you can see why Tatcha expected s.t. totally unique. Drama!

  • Jenniferffrank

    This is too much drama for me. Almost every lipstick in the drugstore looks similar. This time it was taken too far. Very disappointed in Tatcha, so much so, I will not buy their products again. It’s petty. I don’t care for TF anymore. Once the brand was sold, it went to crap. So no lose there.

    I am sooooo very tired of brown palettes that I could scream. I mean yes new packaging, but really, how many brown shades of eyeshadow can you have? The last palette I got excited about the UD Heat. To me, those are new. JMO?

  • Carol G

    You are right about all the drama. It really makes me just want to throw in the towel and stop buying makeup (gasp!). Seriously this is getting out of control.

  • Dee

    I think it’s more of a scandal that Tatcha’s lipstick looks so similar to Cle de Peau’s. I’ve never seen Tatcha’s before and was confused at first. It’s petty of Tatcha, and I wonder if it isn’t really Tatcha who’s being two faced.

  • Elise

    Two things. First if any one is interested, Tatcha just re-released Sunrise: A Plum Blossom on their site. It was limited edition last year and sold out almost immediately like Twilight: A Cherry Blossom did this year.

    Second, I believe Tatcha’s Kyoto Red Silk Lipstick has been out longer than Marc Jacobs lipsticks. So again if there is any duplication, MJ would be the one taking inspiration and design cues.

    As for Too Faced. I do not and will not ever buy any of their products. No offense meant to anyone who loves TF. Just not my cup of tea.

    In this particular case A Plum Blossom came out last year (long before the TF design) and I can clearly see duplication, whether intentional or not. The design Tatcha has is luxury in look and feel and the product within is luxury in look and feel. TF would just be a cheap knock-off to meet the price point of their customers.

    • Christina

      I completely agree with you Elise. Tatcha’s had this design out for a while now.

      I’m not biased; I rarely use Tatcha, but I feel like the Too Faced is just too similar to Tatcha’s casing. It’s not the clasp design that they’re probably upset about, but the color of the tube, using the gold logo as the clasp, and the lipstick itself having a design on it. If I had both brands in my stash and didn’t look closely, I absolutely would mistaken the two. Tatcha’s lipstick packaging is clearly identifiable as Tatcha. I expect Too Face to not have the same heft and luxurious feel; otherwise, the lipstick would cost a lot more.

  • Kish

    I long to live in a world where my biggest concern is lipstick tubes that look similar. But I guess Tatcha is very serious. *makes serious face*

    • Jane

      It’s their business, literally. I would take it just as seriously, especially given rather checkered Too Faced’s history in that regard.

  • Jane

    The Marc Jacobs is a ton different, though – square with rounded edges, the bottom band onto which the cap slides is a different width, the little button is a different color, as is the case, I’m guessing the width of the tube is different, too…. and I’m certainly no lawyer, but I think there are various cases in which if one does not sue the first copier, and the design takes off, then you’ve lost the grounds to sue all the others. If you have the money, you get aggressive at the beginning.

  • Niche

    The legal question is if someone would mistake one product for another. And the answer is that yes if I were in a rush and went to pick up a lipstick I could easily confuse the TF and Tatcha products. You think that can’t happen but I bought a eye set once instead of a lip set because the boxes were so similar in colour and size. It even had the product images on the box to distinguish them but I wasn’t paying attention. Also, drugstore makeup look less similar than you think. I doubt you would mistake a Revlon lipstick tube for a L’Oréal one. Nobody is more well equipped for a legal battle than a billion dollar mass market brand. Lol.

    And yes it’s just lipstick but beauty is also a billion dollar industry and should be and is taken seriously.

    • Christina

      Yes, I totally agree with you and just commented something similar! I would absolutely mistaken the two if I wasn’t paying attention. I think Tatcha has every right to be upset.

  • Christian

    I didn’t know that Tatcha made color cosmetics. I thought they were all skin care!!! Thanks to this drama, we now know that they make cosmetics too!

  • Jeanine McAuliffe

    I love tatcha but…this is petty!
    Anyhow, Muse can we please talk about the sephora bear fiasco?!? I wonder to myself why am i even rouge and i have never once complained about the system. The whole release was ridiculous and i lost alot of respect for the brand.

    • Isabella Muse

      don’t get me started. I don’t even understand wtf is going on with that release lol! Was it EVER in stock at all!?

      • Jeanine McAuliffe

        Yes girl at like 2 or 3 am. I checked 15 to 20 mins after i got the email and sold out. So they must have had 4 in stock. Another beauty blogger just posted they restocked and once again check and nothing. All i know is come next week my sephora better have some things in stock or the bear gets it.

  • Sara

    The big question here for me is, what is with that blunt end of the Tatcha lipstick? Why would you want it like that? LOL

  • Christine

    I feel that Tatcha is really up in arms because it seems most of their marketing is the packaging

    Taken from their website:
    “they had to feel like works of art, from Japan with love. To bring these lipsticks to life, we collaborated with celebrated designers and engineers from the U.S. and Japan. It took over a year to develop our lipsticks, from the jewel-like faceting of the bullets to the way they feel in hand:

    Custom tooling: we created custom tools to engineer each lipstick. This means each lipstick requires special attention and care, and can’t be reproduced outside of Japan or in large quantities.
    Bespoke metalwork: the golden touches on each lipstick is inspired by Rinpa, a Japanese school of art from 17th century Kyoto. Rinpa art is known for incorporating painting and metalwork, which informed the finishes of our golden mon logo.
    Iconic colors: in designing Sunrise: A Plum Blossom, we chose a creamy white color for the case to represent the blanketing of snow (plum blossoms are a winter bloom), the perfect backdrop for the gleaming band of gold that recalls the touch of an illuminating sunrise.”

  • Anie

    Too Faced has a round barrel, while Tatcha appears to have a oval or oblong tube. White and gold is not a groundbreaking color scheme. Every cosmetics brand has copied each other ever since each new formula comes out. Remember when lipstick was only a glorified pigmented lipbalm made of wax, oil and color? Then the first matte liquid came out, and EVERYONE followed suit?
    I care about formula and how well it works on me, and overall value of product. This is why I’ve given up on cosmetics, especially since I only wear them on special occasions anymore.

  • Lisa

    I don’t understand suing them, especially since it isn’t actually trademarked. They never put a copyright or trademark on their design. They are suing by saying that since they have used the packaging since 2015 that they should own the goodwill of the trade dress. In that case couldn’t MAC have sued Gerard Cosmetics or Lime Crime for using the exact same bullet shape? Everyone knows the shape of a MAC lipstick even when it has other patterns for special releases, the shape is the same. These aren’t shaped the same and the description of what is similar in the lawsuit could apply to many brands including Marc Jacobs. It talks about a solid color cap with the company brand etched into it, the brand logo on top (the suit says in gold on top, but TF is matched to the shade), a gold tube, a medallion at the base, and a brand logo at the base of the case at the closure point. Well that’s a lot of different companies that use similar packaging with those characteristics. Tom Ford’s soleil lip foils have white and gold packaging with a solid color cap with the brand logo etched in the top in gold. For that case should Covergirl sue Natasha Denona for their similar packaging? No. No one is going to confuse them. The Tatcha lipsticks aren’t even shaped the same as the TF and they aren’t sold at the same place. For that matter should Charlotte Tilbury sue Estée Lauder for ripping off her textured lipstick packaging? Everything is the same except the outer color with the estee edit packaging (blue and silver) and the new Victoria Beckham collaboration (black). It’s ridiculous to sue over packaging that you haven’t even trademarked.