This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Trademark Infringement
Intellectual Property

L'Oreal USA v. Physicians Formula Cosmetics Inc.

Published: May 10, 2001 | Result Date: Feb. 1, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 9908278 –  $0

Judge

Christina A. Snyder

Court

USDC Central


Attorneys

Plaintiff

Parker H. Bagley


Defendant

Daphne Sheridan Bass

Lora A. Moffatt


Facts

Dermablend, a subsidiary of LÆOreal USA, brought this trademark infringement suit against its competitor,
Physicians Formula Cosmetics Inc. Dermablend contended that by using the words "quick fix" descriptively on
its packaging, Physicians infringed on the LÆOreal trademark Quick Fix which had been owned by the
company since 1989.

Result

The jury found that Physicians Formula Cosmetics Inc. did infringe on the LÆOreal trademark Quick Fix when it used the words quick fix descriptively on its packaging. However, the jury rejected DermablendÆs request for damages granting Dermablend "zero" in damages. USDC Judge Christina Snyder verbally ordered to stop using the words quick fix pending the issuance of a written injunction. The parties have recently settled the litigation.

Other Information

Plaintiff's attorney, Parker Bagley of Milbank, Tweed, Hadley & McCloy, said that the verdict "reinforces the message that L'Oreal will not tolerate the infringement of its intellectual property rights." Bagley added that "we are diligent in protecting these important assets."


#80732

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390