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7 April 2017Americas

Allergan sues cosmetics companies for trademark infringement

Allergan has filed a complaint against cosmetics companies Dermavita and Dima and PR company KBC Media for trademark infringement and false advertising.

The lawsuit, which was filed on Wednesday, April 5 at the US District Court for the Central District of California, alleged that Dima had announced false and misleading information, thereby “irreparably harming Allergan”.

The case centres on Allergan’s product called Juvéderm, a dermal filler administered by healthcare professionals for improving the appearance of wrinkles to obtain a more youthful appearance.

According to the lawsuit, Dima published a press release through KBC Media in which it announced that it had acquired a full licence from Dermavita to develop and market cosmetic products under the Juvederm trademark (without the é).

Allergan said in its lawsuit: “Defendants’ false and misleading announcement has already caused confusion in the marketplace, and defendants’ infringement will cause confusion among doctors and users of Allergan’s Juvéderm products.”

Allergan further alleged that in 2015 Dermavita had launched an “intentional” and “calculated” campaign in which it used the Juvederm mark.

In the same year, Dermavita also filed an application to register the mark Juvederm. Allergan is seeking to cancel the registration.

Allergan has asked the court to enjoin Dermavita from infringing its Juvéderm trademark and from selling any products under this mark.

The company has also asked for award of damages.


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More on this story

Americas
22 April 2021   L’Oreal has secured a victory after a US federal court ruled that the French cosmetics brand did not infringe patents owned by the University of Massachusetts because they were invalid.
Biotechnology
6 October 2021   Medical device company SurgiSil has persuaded the US Court of Appeals for the Federal Circuit that its application for a design patent covering a lip filler was erroneously rejected by the US Patent and Trademark Office.
Biotechnology
10 May 2022   Canadian pharmaceutical company GlycoBioSciences has sued cosmetics giant L’Oreal, alleging that the French company’s anti-wrinkle products containing hyaluronic acid infringe two patents.