Ljulja Beauty Inc., known as Makeup By Mario and founded by Kim Kardashian’s makeup artist Mario Dedivanovic, has been accused of trade mark infringement by famous skincare and cosmetics brand Glow Recipe, formally Aramara Beauty LLC. The dispute surrounds allegations of unauthorised use of Glow Recipe’s “Watermelon Glow” trade mark, and was filed in a court in the Southern District of New York.
In the past couple of years, Glow Recipe has become popular for its fruit-based skincare, and most of all its Watermelon Glow skincare and cosmetics range which it asserts it has spent millions on establishing and protecting. Aramara Beauty LLC are the proprietors of multiple international registrations for word mark “WATERMELON GLOW” in class 3 for cosmetics and other similar goods. However, things became not so sweet in August 2024 when Glow Recipe accused Makeup By Mario of using their trade mark as it launched a moisture glow lip serum range, one in a colour named “Watermelon Glow – sheer warm pink”, which would cause customer confusion and mislead the public in believing that there was an affiliation between the two brands. Glow Recipe further alleged wilful infringement, unfair competition, and deceptive business practice as Makeup By Mario refused to stop selling the goods under the disputed name. Glow Recipe is now seeking an injunction to prevent Makeup By Mario from using “Watermelon Glow” on its products, and monetary damages including profits gained from the infringing sales.
The claim may have more blemishes than anticipated, as “Watermelon Glow” is only one of the names of Glow Recipe’s similar-sounding ranges, such as Strawberry Glow and Cherry Glow, is likely to dilute their argument that it is the indicator of the source of the products as it is rather a style of name. In previous cases, the courts have found that style names do not constitute trade mark infringement, therefore the case may not be as fruitful as the Glow Recipe hoped for. It remains to be seen if Glow Recipe shall be successful in the proceedings.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
