THE WHAT? Mary Kay has filed a suit in a federal court charging Ulta with infringing its LASH LOVE trademark, according to a report published by The Fashion Law.
THE DETAILS Mary Kay has sold products under the registered LASH LOVE mark since 2011. The direct sales company is now alleging that Ulta has adopted the mark for its own products, using the name as a ‘prominent designator’ for a set of mascaras, which would fall foul of trademark law.
Ulta’s design features the words Lash Love in bold, capital letters on a box edged in pink (a color associated with the Mary Kay brand) and therefore Mary Kay is accusing the US beauty retailer of trying to pass off its products as associated with the Mary Kay name.
THE WHY? Having received no response to a cease and desist letter sent to Ulta at the start of the month, Mary Kay says it is left with no other option than to sue. Mary Kay is seeking a jury trial, injunctive relief and monetary damages.