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Trish McEvoy files suit against Too Faced Cosmetics

By Deanna Utroske

06-Oct-2016
Last updated on 06-Oct-2016 at 18:04 GMT2016-10-06T18:04:29Z

Trish McEvoy files trademark suit against Too Faced Cosmetics

The legal dispute between the two makeup companies is an issue of trademark, and by extension brand identity, messaging, and consumer loyalty.

In 2003 Trish McEvoy published a book titled, The Power of Makeup: Looking Your Level Best at Every Age. It’s a guide to help women become expert and efficient with skin care and beauty routines that align with their individual “level” or degree of makeup use—the book is a hand-held “makeup consultation,” writes McEvoy.

In her opening remarks to the book, she avows, “I love the power and wonder of makeup….Nothing bonds women faster that a shared tip, a great new color, or some really good advice.”

Trish McEvoy, the brand, claims to have used the “Power of Makeup” trademarked tagline since 2004, if not earlier. 

Legal dispute

Late last month Trish McEvoy Ltd. filed suit against Too Faced Cosmetics, LLC in New York Southern District Court. Plaintiff Trish McEvoy claims Too Faced has infringed on its trademark of the line “Power of Makeup.”

Alexandre A. Montagu, representing Trish McEvoy in the case, “claims that the alleged use of the trademark by Too Faced Cosmetics is likely to confuse consumers and damage her company's brand,” explains John Mulligan, who wrote about the suit for The Irish Independent online. He goes on to point out that the lawsuit states, “Trish McEvoy's fame and notoriety are well established.”

The brands are comparably placed in the market, each reporting annual revenue around $200m.

On the other side, “lawyers for Too Faced have insisted that Trish McEvoy Ltd has not used the trademark, and that the use of the designation by Too Faced did not violate Trish McEvoy Ltd's rights,” according to Mulligan.

Trish McEvoy is seeking monetary damages.

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