U.S. News | Lush Takes on Cosmetic Brand Over Trademark Infringement

cosmetics

Last Friday, UK-based cosmetic brand, Lush (through its parent company, Cosmetic Warriors Limited) filed a lawsuit in the U.S. District Court for the Northern District of Illinois against Luscious Cosmetics, a Pakistan-based company, alleging trademark infringement.

The plaintiff is claiming that the defendant has infringed on its word mark ‘Lush’. The plaintiff further argued that he has been using the trademark with U.S. registration number 2,282,428) and the logo design and accompanying words ‘Lush fresh handmade cosmetics’ (3,102,767) since 1995 and retail store usage in 2002.

The plaintiff claims that the defendants have allegedly been producing and selling cosmetics marketed under the words ‘Luscious’ and ‘Luscious Cosmetics’ and have made the products available on their website www.iloveluscious.com  without permission which has led to confusion, unfair competition.

Luscious Cosmetics applied to register its ‘Luscious’ mark and design mark at the United States Patent and Trademark Office in 2017, to which Cosmetic Warriors protested. The trademarks have not yet been granted.

Cosmetics Warriors is seeking an injunction and compensation for damages.

Illinois Northern District Court
Judge: Sharon Johnson Coleman
Case #: 1:18-cv-04803
Nature of Suit Trademark Infringement
Cause Trademark Infringement
Case Filed: Jul 13, 2018
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About Nathaniel Adebayo 386 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com