Benefit Cosmetics has sued ELF Cosmetics, accusing them of copying their Roller Lash Mascara with their Lash n Roll Mascara! I've got all of the details on the lawsuit to share with you. We'll also talk "trade dress" rights and what that means for makeup dupes in the past, present, and future. Let's jump into it!

IMPORTANT NOTE There is a major inaccuracy in this video in that the Benefit v. ELF case is still ongoing! When looking at the filing that I found through Musings of a Muse, I clicked the link to the full docket and found this: https://dockets.justia.com/docket/cal.... I've been working to get my PACER account reactivated and kept hitting brick walls when trying to double check to see if this was the most recent version. What I did NOT do was hand type the case number into google. When I did that, all of the NEW filings came up that go as recent as TODAY. Find more information here: https://www.pacermonitor.com/public/c...

I've thought about taking this video down completely, but decided to leave it up in that every other aspect of this video, including the other facts of this case seem to be accurate. The only thing different is that Benefit did NOT give up on it! Hopefully I'll have access to my PACER account this week, renew my subscription, and purchase documents when necessary. My disclaimer that I'm not a lawyer is a REAL one! So much respect for people who do this for a living!

Links
Musings of a Muse Article https://www.musingsofamuse.com/2024/0...

Tatcha v Too Faced https://www.pacermonitor.com/public/c...
More on Tatcha v Too Faced https://www.knobbe.com/news/2017/08/t...
More on dupes in general https://www.knobbe.com/news/2017/05/h...

Lunar Beauty fights Makeup Revolution https://www.teenvogue.com/story/makeu... https://www.cosmopolitan.com/uk/beaut...
Lunar Beauty highlighter launch https://www.allure.com/story/mannymua...

Time Stamps
0:00 Intro
4:23 Benefit v ELF
14:47 Tatcha v Too Faced
18:25 Lunar Beauty and Makeup Revolution
26:47 Inspiration and Shade

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