Litigation: passing off marks in the beauty industry
The case of Lumos Skincare Ltd v Sweet Squared Ltd & Ors involved a claim in passing off, brought by Lumos Skincare, against defendants who were using the same mark for nailcare goods as Lumos had been using for skincare goods. The Court of Appeal’s decision deals specifically with the issue of whether or not there is a divide between these segments of the beauty industry, sufficient to avoid giving rise to a likelihood of confusion for the purposes of an action in passing off. In particular, the Court of Appeal found that the skincare and nailcare sectors are not entirely distinct and there will be overlap, for example in the outlets from which skincare and nailcare products are purchased.
Lumos sells skincare products under the mark ‘LUMOS’. The defendants sell nailcare products also under the mark ‘LUMOS’. The defendants’ products are much cheaper than those of Lumos and are aimed at the ‘mass market’, whereas Lumos’s products are high end and expensive.
Both Lumos and the defendants have trade/professional customers (with the products of both Lumos and the defendants being used in beauty salons for treatments) and end consumer/retail customers who purchase their products from salons, for use at home. While Lumos also sells some products via limited, high-end retail outlets and via the internet, the defendants’ sales are made purely to or through salons.
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
There has been a raft of recent cases where the Health and Safety Executive has successfully prosecuted individuals and firms who have permitted staff and others to suffer injury while working at height.
Guidelines for lawyers have been issued in response to increasing numbers of individuals representing themselves in court. Rebecca Courtney explains how the guidelines can help to ensure the smooth running of cases involving litigants in person.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.