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Dupe industry wins big in trademark, trade dress trial over low-cost mascara

By Melissa Ritti ( December 18, 2024, 20:39 GMT | Insight) -- Trademarks and trade dress associated with Benefit Cosmetics’ “Roller Lash” mascara are valid and enforceable, but ultimately not infringed by a competing product offered by e.l.f. Cosmetics, a US judge ruled yesterday. According to the court, the defendant’s intent in making the cheaper, similar “Lash ‘N Roll” does not, in itself, establish liability under the Lanham Act without evidence of likely consumer confusion — giving a big boost to the “dupe” industry.Benefit Cosmetics suffered a blow yesterday when a US judge rejected allegations of trademark and trade dress infringement leveled against mass makeup company e.l.f. Cosmetics....

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