And still yet, Worth Beauty claims that the defendant’s logo and trademark for its automated makeup brush, sonicBLEND, is confusingly and intentionally similar to Worth Beauty’s blendSMART logo and trademark for its automated makeup brush. Both logos and trademarks feature two words presented together (blendSMART and sonicBLEND) with the first word featuring small letters and the second word placed in all small capital letters in bold font (“SMART” and “BLEND”), and both trademarks prominently including the word “blend." Fashion beauty makeup.
In terms of Worth Beauty’s copyrighted makeup tutorials, it states that Michael Todd Beauty – which settled a lawsuit with Clarisonic’s parent company in 2015 in connection with Michael Todd’s Soniclear antimicrobial sonic skin cleansing system – “copied not only the script for Worth Beauty’s product video, but also the complete look and feel of the video, including the video shots, sequencing, product placement, and graphics.”
With the foregoing in mind, Worth Beauty has asked the court to award it “maximum statutory damages in the amount of $150,000 per work infringed” or “actual damages and the profits [that the defendant earned from utilizing Worth Beauty’s intellectual property].” Interestingly, Worth Beauty has not explicitly sought out injunctive relief to prevent the defendants from continuing to market and sell the allegedly infringing goods.
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Per WWD, Michael Todd Beauty declared Worth Beauty’s lawsuit has no merit. “Michael Todd Beauty takes great care to respect the valid intellectual property rights of others,” said Michael Friend, senior vice president of sales at the brand. He suggested Worth Beauty is looking to push out a rival. “Plaintiff [Worth Beauty] seeks to respond to this new competition with a lawsuit rather than simply compete and let the marketplace decide which product is the better offering,” said Michael Friend, Michael Todd's senior vice president of sales. The company plans to file a countersuit.