Trade mark trouble is bubbling as Lush blocks salon
Written by Ellis Sweetenham on 12 January 2018« Return to Reading Room
Beauty and cosmetics brand, Lush, have become a leading name in the creation of unique and beneficial bath and body products.
Cosmetic Warriors, who are the owners of the Lush brand, have over 200 stores in the US and over 100 in the UK. With this growth, they have ensured their brand is properly protected.
In the US, where the claim was made, the word ‘Lush’ is protected as is the ‘Lush’ logo. Not only have they protected the marks in regards to cosmetics but have also in regards to salon and spa services as Lush operate a number of spas in their stores.
In a further bid to protect their brand, Cosmetics Warriors have filed a claim for trade mark infringement and unfair competition against a hair salon based in South Carolina.
The salon is called ‘Lush Salon’ and the claim highlights that the marks are “not only confusingly similar, but is in face identical in sight, sound, and commercial impression to Cosmetic Warriors’ ‘Lush’ mark.”
Cosmetic Warriors have highlighted that since 2015, they have been in communication with Lush salon in order to reach an amicable solution. However, it seems these talks did not have the desired outcome as the claim has now been issued.
Cosmetic Warriors are now seeking triple damages, the transfer of any infringing domain name, injunctive relief and the destruction of any material containing the infringing name.
It will be interesting to see if Cosmetic Warriors bubble will burst along the way or if they will float off into success.
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