All about L'oreal v. Drunk Elephant Patent Infringement case

November 22,2018:

L'oreal has filed a lawsuit against skincare company Drunk Elephant for infringing the US patent number '841 through the sale of a serum.

The patent is named as "stabilized ascorbic acid composition and methods therefore" and the name of the serum is C-Firma Day Serum. The lawsuit is filed in US district court in Western District of Texas, the USA on 14th November.

Drunk Elephant sells the C-Firma Day serum through their website and retailers such as Sephora. This serum is advertised as a product full of Vitamin C, antioxidants and fruit enzymes. The ingredients and their proportions used to make this product have caught the attention of Loreal.

Especially, the concentration of ascorbic acid present in the advertised product. The ingredients list shows the product contains 15% of ascorbic acid, 0.5% of ferulic acid and 1% Vitamin E. According to Loreal, the skincare company has knowingly violated the terms of '841 patent.

Loreal has stated that they have talked to the skincare company, making them aware of the infringement. However, Drunk Elephant has continued to sell this product, which led Loreal to file a lawsuit against them. The cosmetic company has further expressed their displeasure over the sale of this particular product, claiming that it has directly violated several terms of the US patent.

In this lawsuit, Loreal is asking for permanent injunctive relief against the skin care company Drunk Elephant. Along with that, they are asking for damages regarding costs, interests and the accounts of the infringement sales. The verdict of this case is yet to come from the court.