She v. She: Revlon scent does not infringe comic strip, firm says in suit response.
This article was originally published in The Rose Sheet
Executive Summary
SHE v. SHE: REVLON MAINTAINS NO CONFUSION BETWEEN FRAGRANCE, COMIC STRIP exists for consumers of the company's women's scent, slated to be introduced this fall, and plaintiff Marisa Acocella's comic strip of the same name. In a July 25 filing in Manhattan federal court, Acocella alleges that Revlon's She women's fragrance violates her trademark for a comic strip. The "themes of Revlon's advertising campaign for the infringing She fragrance -- confidence, power and independence" are the "predominant themes of plaintiff's comic strip," Acocella maintains.
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Marketing In Brief
ModiFace launches forecasting tool: Toronto-based virtual makeover firm introduces ShadeCast, a makeup sampling and forecasting tool based on behavioral tracking. ShadeCast is used in conjunction with iPhone application MakeUp, which allows consumers to virtually try on makeup in hundreds of shades from brands including Revlon, Cover Girl, Lancome and Clinique. ShadeCast offers 1,000 cosmetic shades from 40 brands and assigns a ShadeScore "to approximately position the [app's] hottest and most sampled color." ModiFace exec Nikkie Gatto likens the app to radio music playlists, helping consumers "looking to capture the current look, but also provide vital market intelligence to our retail channel partners," she says in Nov. 3 release. "The value of data to demonstrate the aggregate behavior will help the industry predict the latest trends and help cosmetic manufacturers better understand the color and products which most resonate with online and iPhone virtual makeover users," the company says