Tatcha Is Suing Too Faced for Allegedly Copying Its Lipstick's Packaging
By Devon Abelman. Photos courtesy of brand.
Remember when we broke down every single item in Too Faced's upcoming Peaches and Cream collection? Well, Tatcha, a cosmetic company popular for its geisha-inspired skin care and makeup, noticed something strikingly similar to one of its own products. According to Women's Wear Daily, Tatcha filed a lawsuit on Monday, August 7, for unfair competition. It claims Too Faced's Peach Kiss Moisture Matte Long Wear Lipstick, which launch August 28, “use and/or imitate Tatcha’s inherently distinctive trade dress.”
In non-lawyer speak, Tatcha believes Too Faced's lipstick's packaging looks just like its own line of lipsticks, which started with the Kyoto Silk Lipstick. The legal complaint follows a letter Tatcha sent Too Faced on July 6, which WWD said notified it of Tatcha's concerns with the product. In the lawsuit, Tatcha alleges that “outside counsel for Too Faced has stated Defendent’s intention to move forward with the launch of the infringing products.” With the complaint, Tatcha hopes to stop that from happening.
With all the sneak peeks Too Faced has revealed of the Peaches and Cream lipstick on social media and its website, Tatcha cited in the lawsuit that its “already causing confusion in the marketplace.” It even listed comments made on Instagram about Too Faced's upcoming lipstick looking similar to Tatcha's like "So bummed, I thought this was [T]atcha releasing new shades!!!! Packaging is exactly the same?”
So what exactly do the two lipsticks have in common? The lawsuit laid out five key factors. The first is both have a solid-colored cap with the beauty brand's name etched into the side of it and a gold accent on the top. They also have a golden tube in common with "a bright gold circular medallion displaying the brand logo at the base of the case at the closure point," the lawsuit explains. "Too Faced has also copied Tatcha’s use of a semicircular cutout in the cap that ensures that the trademark is centered above the logo on the bright gold circular medallion when the lipstick container is closed." These elements have appeared on Tatcha's lipsticks since 2015, the lawsuit notes.
You can see both lipstick below.
Here is Tatcha's.
This is Too Faced's.
We reached out to Tatcha and Too Faced for comments and will update this post when we hear back.
This story originally appeared on Allure.
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