Earlier this year, Jeffree Star and Manny Gutierrez were hit with a big-time lawsuit. The BFF duo were hit with a major trademark infringement lawsuit for what appeared to be packaging imitation. Luckily for them, the case settled and never went to trial, and the collaboration debuted — and sold out — as planned.
Now, Star's in hot legal water again for his choice of packaging — but this time, it's not a limited-edition item.
Indie brand LunatiCK Cosmetics has filed a trademark lawsuit against Jeffree Star for his Lip Ammuntion packaging.
Court documents, obtained by YouTube channel Beauty Truth Sleuth Official, reveal a trademark infringement lawsuit was filed on July 10, 2017 by attorney Anthony Keats against Jeffree Star Cosmetics for trademark infringement, false designation of origin, and unfair competition.
The complaint alleges that Star intentionally copied Lunatick's bullet-shaped lipstick packaging in attempts to cause confusion among customers.
As noted by the complaint, LunatiCK Cosmetics filed for the trademark to its bullet-shaped lipstick cartridge on December 11, 2014 and obtained that federal trademark on April 16, 2016. LunatiCK owns the trademark to the shape of the packaging, whereas Star merely owns the rights to the phrase "Lip Ammunition."
These are the facts: LunatiCK Cosmetics announced its bullet-shaped lipstick collection on February 8, 2015 and began selling them on May 8, 2015.
Jeffree Star Cosmetics announced its bullet-shaped lipstick collection on October 1, 2015 with the intention of a Spring 2016 release. Lip Ammunitions debuted on September 30, 2016.
Star claimed to have conceived the design ideas for Lip Ammunition some time in 2013, before LunatiCK had even filed for its packaging trademark.
You can read the announcement claiming it was his original idea here.
But who came up with idea is irrelevant in a court of law — what matters is who owns the legal rights.
If the case actually goes to court this time, a judge could very well decide that Star's packaging design — even if it is an original one that coincidentally is the same as LunatiCK's — is in direct violation of LunatiCK's federal trademark.
Besides, it isn't just the packaging the complaint alleges Star stole from LunatiCK.
The complaint notes several similarities between LunatiCK's promotional imagery and Star's.
If LunatiCK wins this case in court and is awarded every single one of its demands, it could theoretically halt all production and sales of Star's Lip Ammunition.
Star would also be obliged to pay damages to LunatiCK Cosmetics — that amount would be negotiated privately or in court.
But, given how the last lawsuit against Jeffree Star Cosmetics went, that scenario is unlikely.
The trademark infringement suit against Star and Gutierrez didn't even see the courtroom — it was settled out of court instead.
Revelist has reached out to all parties for comment and will keep this post updated as new information comes in.
In the meantime, you can see and read all the court documents here.
UPDATE: Lunatick Cosmetics has provided a statement declaring its legal team is taking the case to Federal District Court.
"On Monday, July 10, 2017, LunatiCK Cosmetic Labs, LLC., a small, well-respected creator of cosmetic products with radically-themed presentations, filed a lawsuit in Los Angeles against Jeffree Star Cosmetics. In the lawsuit, LunatiCK stated claims for trademark and trade dress infringement and unfair competition in order to protect LunatiCK’s federally registered “bullet cartridge shape” lipstick trade dress.
"Efforts to resolve the trademark dispute were unsuccessful. Despite LunatiCK’s best efforts with
Jeffree Star, LunatiCK determined it could not, on a consensual basis, stop the larger company’s
wrongful exploitation of LunatiCK’s protected mark status and was forced to seek the assistance
of the Federal District Court. In reflecting on the litigation, LunatiCK expresses the concern that
people appreciate the Company is about ensuring competitors respect our unique designs, not to
stop others from marketing their own. We are hopeful a prompt resolution that achieves that
outcome is obtained. "
Jeffree Star has yet to comment.