This Fashion Brand Won Its Trademark Case Against LUSH Cosmetics

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This Fashion Brand Won Its Trademark Case Against LUSH Cosmetics

02/09/2017
Following a six-day jury trial, a Los Angeles federal jury handed down its verdict, including an advisory verdict in favor of LTL's client Pinkette Clothing Inc. regarding trademark infringement claims brought by Cosmetic Warriors Limited (CWL). After hearing additional evidence by CWL, United States District Court Judge S. James Otero adopted the advisory verdict as the court's final judgment.

Represented by LTL partners James Lee and Kevin Bringuel, Pinkette thus moved one step closer to retaining the right to commercially use its "LUSH" trademark for clothing. "As gratifying as it is to prevail at trial," Lee noted, "we are mindful that it is only the first step. We need to defend the verdict through post-trial motions. We welcome the challenge. Along with our client, we are in this for the long haul."

Since 2003, Pinkette has sold clothing under the "LUSH" mark in the United States through major department stores and smaller fashion boutiques. Its three founders simply could not walk away from the millions they had invested in their brand over those many years. CWL and its licensees operate over 900 "LUSH Fresh Handmade Cosmetics" retail stores throughout the world. CWL asserted that Pinkette's use of the "LUSH" mark was confusingly similar to that of CWL's use of the "LUSH" mark, which it claimed it had used since 1995.

"This was a hard-fought case by CWL and its nationally-recognized trademark counsel. There was a lot at stake in this matter in which each company had millions of customers for their products bearing the LUSH mark. We are ecstatic that the jury agreed with us," said Lee. "We are happy to have helped achieve this victory for Pinkette."

Assisting Lee and Bringuel were LTL associates Tiffany Hansen and David Crane — both of whom took cross-examinations of key witnesses and earned plaudits from observers. Lee noted, "Tiffany and David are sterling examples of what sets LTL apart — at every rank, we are trial lawyers, not paper litigators."

LTL's use of innovative technology also made a significant impact during discovery and throughout the trial. "We leveraged our intellectual property and litigation experience, and embraced technology and electronic project management. This allowed us to get our lean, four-attorney team working efficiently," said Lee. "LTL embraced the underdog role, together with our client Pinkette. Our efficiency and creativity paid off with a verdict in their favor."