The tea is hot this morning, children — Revelist has exclusively learned that indie brand Black Moon Cosmetics is suing Manny MUA and Jeffree Star.
The copyright and trademark infringement suit, filed on April 3 by attorney Stephen McArthur of The McArthur Law Firm, alleges that the beauty YouTubers ripped off Black Moon's logo for their much-hyped collaboration collection.
Submitted for your approval: the J.Star x Manny MUA logo, and Black Moon's logo.
The complaint, which I have read in full, alleges that Black Moon "was the first cosmetic company to use packaging incorporating a mark consisting of holographic crescent moon on a black background to distribute cosmetic products."
Manny Gutierrez, aka Manny MUA, responded to an Instagram DM from Black Moon, "expressing a fondness for Black Moon’s packaging design." Per the screenshot included in the lawsuit, Manny said he "absolutely loveeeeee[s] your packaging!" So according to the suit, he definitely knew what this logo looked like.
Four months later, according to the filing, "Manny MUA released his own extremely similar product packaging incorporating a mark using a holographic crescent moon on a black, starry background, with “Manny MUA” and “MUA” embossed near the crescent moon."
That refers to Manny's collaborative palette with Makeup Geek. You can see the allegedly infringing logo on the box.
The complaint says that this use of a very similar mark, used to sell a competing product, has likely already created confusion in consumer's minds about whether these products are Black Moon or whether they're related to Manny MUA.
And then there's the Jeffree Star Cosmetics x Manny MUA collaboration.
Per the lawsuit, "Manny MUA and Jeffree Star’s social media announcements advertising their infringing product is full of consumer comments pointing out the similarity between the two logos and demonstrating the resulting consumer confusion."
In other words, people can't tell the difference between Manny and Jeffree's collab and Black Moon's products. And that's bad.
According to a statement provided to Revelist from attorney Stephen McArthur, "Black Moon Cosmetics is seeking an injunction to stop the sale of the infringing products as well as damages including MUA and JSC’s revenue and Black Moon’s attorneys’ fees."
I asked Stephen if this injunction could potentially prevent the launch of the JSC x MUA collection, which was meant to happen on Saturday, April 8. McArthur told me via email that "It could if we choose to file what is called a temporary restraining order. We are considering our options."