After an innovative new product hits the market and becomes a big success, it naturally follows that competitors will want to come up with a similar item to keep up. Sometimes, these new products cross the line and infringe on the trademark owned by the original product’s creator.
Protecting a trademark from knockoffs is a big deal for many businesses in California and the rest of the country. Many trademark infringement cases go to trial, but often the parties settle out of court, as Avon recently did with the company behind a $100 million makeup applicator.
The applicator was invented by a former celebrity make-up artist who is the president and CEO of Rea.deeming Beauty, Inc. The applicator, which uses a sponge, is hugely successful, with an expected $100 million in sales this year.
Soon after the Rea.deeming sponge applicator became a hit, Avon and other competitors began releasing their own versions of the product. Around 18 months ago, the head of Rea.deeming learned that Avon was selling a product called Beauty Blender that appeared very similar to her applicator.
She sued for trademark infringement, calling Avon’s actions “an egregious offense.” The parties settled for an undisclosed amount earlier this year, which the CEO called a victory for her company, Make-Up Artist Magazine reports.
Your business’ trademarks need not be worth millions of dollars to be worth defending. For help registering your trademarks properly, or if you are caught in a dispute over a trademark, consult an intellectual property attorney.