According to the Italian label, ‘Preferred Fragrance’ violated the copyright it has on Prada Candy when it launched its knock-off ‘Party Candy perfume’ scent.
The luxury house's fragrance was introduced back in 2011 and according to Prada reps, has sold “tens of millions of dollars” since.
Thus, the brand has filed a copyright infringement lawsuit in the Southern District of New York claiming that this knock off violates its trademark and is seeking court orders to bar the registration of the product as a U.S. trademark and any sales of the Party Candy products.
Preferred has in the past seen some success with an original Jordin Sparks scent, but was also sued for infringement in 2008 by Estee Lauder. It claims itself to be the "leading distributor of designer-inspired perfumes."
In fact its' website states; "Our consumers enjoy a high quality, luxury experience at about a third of the price of traditional designer lines", and whilst the packaging, colour and design of the knock off product as you can see here is very similar, the price somewhat differs by 70 odd dollars or so...
The case remains on-going.
Cosmetic companies will take any means to protect its' trademark
Cosmetic brands face fierce competition on the market, particularly in the fragrance segment, where unique packaging is key for standing out amidst the crowd.
Procter & Gamble recently filed an infringement lawsuit of its own in the US against 'Team Technologies,' claiming the company violated its' intellectual property rights.
The lawsuit specified that the personal care giant was taking the action in an effort to ‘protect its investment in its technology and its Crest Whitestrips business'.
P&G has a reputation for being litigious and has a string of similar lawsuits to its name, aimed at protecting the investment it makes to develop, market and sell its brands.