Well, it was only a matter of time and I’m surprised it hasn’t happened sooner! E.L.F. Cosmetics is being sued for duping the popular Benefit Cosmetics Lash ‘N Roll Curling & Lifting Mascara. E.L.F. has built a beauty empire on the backs of other brands in recent years. I remember the days they sent out emails comparing themselves to other brands giving a “This or That” type suggestion. But in recent years, E.L.F. has just decided to copy everything everyone else was doing and it’s worked out well for them, especially in a world where everyone just wants the next affordable beauty product. But Benefit isn’t going to take it as they are in the process of suing E.L.F. Cosmetics since 2023. The lawsuit states:
“Benefit maintains that in January 2023 it became aware that e.l.f. was selling mascara under e.l.f.’s Lash ‘N Roll using Benefit’s Roller Lash Trade Dress. It thereafter notified e.l.f. of its registered trademark and common law trade dress rights and requested e.l.f. cease and desist from its acts of infringement. Because e.l.f. continued selling its Lash ‘N Roll mascara, Benefit filed suit. The Complaint raises nine claims for relief,including two trade dress claims: one for federal trade dress infringement in violation of 15 U.S.C. § 1125(a), and one for California common law trade dress infringement.”
You can read the rest of the lawsuit at law.justia.com. The case is still ongoing.
I thought this was incredibly interesting considering they are preparing to release an original product very soon which is the new E.L.F. Cosmetics Sun Boss Gloss SPF 25. There aren’t a lot of lipglosses with an SPF so high on the market that they aren’t actually copying anyone this time! You might have already dupe culture is on the brink of ending and E.L.F. is in the headlights. Why? Duplicating a product won’t be happening as quickly as it used to due to new Cosmetics Regulations in the US which have stricter testing and ingredients within the USA. But E.L.F. has enough of a cult following that chances are this won’t affect their business line. Not to mention duplicating beauty products is the standard in the high-end and drugstore world. It’s just become more along the lines of complete copying lately versus, “Hey, this looks and sort of works the same as the original!”
Do you think Benefit will win this case?
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