Posts Tagged ‘trademark infringement’
Touch of Pink Cosmetics Files Response to Mary Kay Inc. (part 2)
Written by L J on June 30, 2008 – 1:22 pm -As I said in my last post, Touch of Pink Cosmetics denied many of the allegations put forth by Mary Kay Inc. in the lawsuit.
While some were run of the mill, there were several that were significant:
1. The Webers deny that their conduct in running Touch of Pink Cosmetics contituted, and continues to constitute “passing off.”
Mary Kay Inc. claims that Touch of Pink Cosmetics confused or deceived customers into thinking that they were affiliated with Mary Kay Inc. Basically, “passing off” is an unfair competition theory that says a defendant is representing themselves in a way that the consumer wrongly believes that they are dealing with the plaintiff’s company.
Tags: mary kay lawsuit touch of pink cosmetics, Mary Kay products, Touch of Pink Cosmetics, trademark infringement
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