It's war of the words between Tarte Cosmetics and Natasha Denona. Tarte Cosmetics has taken legal action against the Natasha Denona makeup brand over the trademarked terms "Blush & Glow" and "Bronze & Glow," as reported by The Fashion Law.
Natasha Denona released the Blush & Glow Palette ($55, Sephora), Tan Bronze & Glow Palette ($55, Sephora), and the Mini Bronze & Glow Cheek Duo ($19, Sephora) in 2019 and they've earned decent reviews. The only problem with the launches is that Tarte Cosmetics already trademarked those names years ago.
Tarte Cosmetics sent Natasha Denona a cease and desist letter on April 26, according to The Fashion Law.
The photo shown here is the Tarte Blush & Glow Compact ($30, Tarte Cosmetics) which existed before the Natasha Denona Blush & Glow palette. The brand also has the Tarteist PRO Glow & Blush Palette ($45, Sephora) and a Bronze & Glow Contour Brush ($34, Tarte Cosmetics). With all of these products having been on the market for a while, it's surprising that Natasha Denona moved forward with its 2019 launch using the same name.
And Tarte Cosmetics isn't here for it.
The cease and desist letter requested that Natasha Denona stop “any and all use” of the trademarked terms.
According to the follow-up filing, "has refused to comply with [its] demands and continues to use infringing marks without authorization or consent by Tarte." The brand is concerned that Natasha Denona customers "will falsely believe that [Denona] is associated with Tarte or that Tarte has sponsored or otherwise approved of [its] use of the [“BLUSH & GLOW” and “BRONZE & GLOW”] marks in relation to [its] goods or commercial activities.” Tarte Cosmetics is specifically concerned that Denona's use of the trademarked terms "is likely to damage [its] goodwill and business reputation."
So what does Tarte Cosmetics want *exactly* in the suit? A LOT.
The Fashion Law reports that Tarte Cosmetics is suing Natasha Denona for "state and federal trademark infringement, unfair competition, and false designation of origin, and is seeking relief in the form of both a preliminary and permanent injunction prohibiting Denona from using the trademarks or confusingly similar variations…"
Tarte Cosmetics also wants three times the profits that Natasha Denona earned from the products with the "BLUSH AND GLOW" and "BRONZE AND GLOW" labeling. Ouch! To be honest, it kinda-sorta seems like Tarte Cosmetics could come out on top in all of this.
Per the legal receipts, it actually looks like Tarte Cosmetics may have a case.
Based on the court filings, Tarte Cosmetics provided four documents including its BLUSH & GLOW and BRONZE & GLOW trademark forms. Documents don't lie. Tate Cosmetics owns those names. The lawsuit also provides references from the Sephora website.
Still, it somehow seems a little silly for one very specific reason.
Tarte Cosmetics is concerned that the Natasha Denona brand could lead its customers to possibly associate the products with Tarte Cosmetics. From the consumer perspective, that may not be true as both brands have significantly different price points. Although there is only a $10 difference in the prices of the palettes from the brands, Natasha Denona is known as the brand with the $100+ palettes. Tarte Cosmetics is also a high-end brand but is known for much more practical pricing. The average beauty fan would never mistake a Tarte palette for one by Natasha Denona.
This is even more so true if you consider the set-up of Sephora stores that sell both Tarte Cosmetics and Natasha Denona. Tarte Cosmetics has a massive staple aisle that's often featured much more prominently in the store than Natasha Denona products. Again, no Sephora regular would ever get the two brands confused. It's like confusing Pat McGrath and Fenty Beauty. Just wouldn't happen.
Beauty fans seem to share similar sentiments.
"OK, so Tarte is basically suing Natasha Denona for using the term 'blush & glow?' Saying that it would confuse consumers into linking the two brands together? This is a joke right?"
It's possible, however, that the courts could rule that the price differences mean nothing. A trademark is a trademark, after all.
Let's hope that Tarte Cosmetics and Natasha Denona can work this out.
But who are we kidding? If there's one thing that's messier than the beauty community, it's the actual beauty industry. The business side of things can get way messier than any beauty influencer spat on Twitter or shade thrown on Snapchat. Per the court filings, the Natasha Denona brand has yet to respond but it's likely gearing up for some type of defense.
May the best brand… win?
