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A lawsuit filed by the Happi Top 50 company alleges trademark infringement related to fragrance, skin care and hair care products.
The Estée Lauder Companies has filed a trademark infringement lawsuit against Walmart Inc. over alleged counterfeit products.
In the lawsuit filed on Feb. 9 in the US District Court for the Central District of California, Estée Lauder claims that some of Walmart’s fragrance, skin care and hair care products advertised on its marketplace are “identical with, substantially indistinguishable from, or confusingly similar to one or more of the ELC trademarks and private blend collection.”
Le Labo, Tom Ford, Clinique, La Mer and Aveda are other ELC brands named in the suit.
The suit claimed that Walmart published listings on its marketplace using the Estée Lauder Companies trademarks in its SEO tools to drive website traffic to the “accused products.”
According to the lawsuit, “Plaintiffs are informed and believe, and thereon allege that a person shopping on Walmart.com would have reasonably believed that Walmart, and not third-party sellers, was the seller with title or possession of the accused product who could have entered into a contract to transfer title or possession.”
In addition to monetary damages and incurred legal fees, Lauder is demanding Walmart be ordered to stop selling these products and/or any other products that bear the ELC trademarks. ELC is also requesting Walmart disclose their suppliers and manufacturers of the accused products and provide all documents, correspondence, receipts and invoices associated with the purchase.
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