- Beauty influencer James Charles has called out Wet n Wild for allegedly copying his eponymous eyeshadow palette by way of one of its own soon-to-launch products.
- Yet, due to the unmistakable similarities at play, it is clear that Los Angeles-based Wet n Wild copied his palette, he argued.
- So, when the distinctive, non-functional design elements of a makeup compact, for example, are replicated, that could give rise to trade dress infringement claims, but only if consumers link the appearance of the compact to a single beauty brand in the same way as they link a name or logo with a single brand.
- Still yet, in some cases, such as the one that Charlotte Tilbury filed against British company Aldi (and won), copyright infringement claims arise in connection with dupes.
- Not only is there limited protection at play, the differences between the two products could prove detrimental.
Read full article: thefashionlaw.com