Avon Products v. Cosmetics Plus
This article was originally published in The Rose Sheet
Executive Summary
Retail sale of Avon Anew and Skin So Soft products dilutes the direct marketer's trademark, Avon alleges in a trademark lawsuit filed in Manhattan federal court June 15. Avon contends Cosmetics Plus has "induced the breach of one or more of Avon's independent sales representatives' contracts" to obtain Avon products for resale. The direct marketer notes a cornerstone of its business is the personalized services provided by its 500,000 U.S. sales reps, as well as Avon's unconditional product guarantee, neither of which Cosmetics Plus provides. Avon seeks to have Cosmetics Plus permanently enjoined from selling, promoting, advertising or offering for sale any Avon products, causing dilution to Avon's name and engaging in further conduct suggesting "or tending to suggest" Avon indirectly sponsors, approves or authorizes retail sale of its products. The company also seeks damages and attorneys' fees...
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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