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.
Cosmetic Warriors Limited v. Luscious Group LLC et al
|Illinois Northern District Court|
|Judge:||Sharon Johnson Coleman|
|Nature of Suit||Trademark Infringement|
|Case Filed:||Jul 13, 2018|