March 1,2019:
Beauty and skincare brand Lush filed a strongly-worded lawsuit against by Scentbird for deliberately infringing its Trademarks. Lush filed the lawsuit last week in a New York Federal Court.
Scentbird began its journey in 2014 by offering subscription fragrance products from Versace, Gucci, Burberry etc. Lush argued that Scentbird's new private label bath and body capsule collection uses the “Lush Gold”, which infringes Lush's Trademarks.
According to the complaint, both of these marks were confusingly similar among consumers.
In the complaint, Lush stated that they notified Scentbird prior to the “Lush Gold” capsule's release about its infringement of “Lush” Trademark. They are also notified about the confusing similarity between the marks. According to their complaint, it would likely confuse consumers about the source of “Lush Gold” products. The consumers would believe that there is either a collaboration or affiliation between the companies over “Lush Gold” products. They would believe that they were approved by Lush, however, that is not the case. It would ruin the reputation of Lush if the quality of these products is inferior to Lush's original products.
Lush claimed that Scentbird did not respond to Lush’s correspondence and went ahead with the release of “Lush Gold” collection disregarding of Lush’s intellectual property rights. This is why Lush accused them of Trademark infringement, unfair competition, and deceptive trade practices.
Scentbird denied that they were not running afoul of the laws. Scentbird argued that it is not using the word “Lush” as a designation of the source of these products. So they were not infringing any of the Lush's Trademarks.
Lush requested the Court to permanently prevent Scentbird from unauthorized use of the “Lush” mark. They also asked Scentbird to pay all damages as a result of Scentbird’s infringement and unfair competition.
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