posted by Josh Lee

Twice in under six months is weirdly impressive.

Jeffree Star is being sued for trademark infringement after an independent cosmetics company accused him of imitating their trademarked packaging style.

According to court documents shared by YouTube channel Beauty Truth Sleuth Official, Lunatick Cosmetic Labs filed a lawsuit against the beauty YouTuber on 10th July for trademark infringement, unfair competition and false designation of origin.

According to the court documents, Lunatick are arguing that Jeffree Star copied their ‘bullet-shaped’ lipstick packaging.

The lawsuit states that Lunatick Cosmetics trademarked their bullet-shaped lipstick on 11th December 2014, and were granted the trademark in April 2016. The trademark specifically covers the shape of their lipstick’s packaging, which is what Jeffree has allegedly copied. Lunatick Cosmetics began selling their Apocalipsticks collection on 8th May 2015, while Jeffree Star’s “Lip Ammuniation” hit shops on 30th September 2016 – in a packaging that Lunatick says is too similar.

Left - Lunatick Cosmetics Apocalipsticks Right - Jeffree Star's Lip Ammunition

Left – Lunatick Cosmetics Apocalipsticks
Right – Jeffree Star’s Lip Ammunition

 

The court documents state that Jeffree Star “has acted with reckless disregard for Lunatick’s rights in connection with its unlawful activities [alleged violation of trademark]” in a way that “will hamper continuing efforts by Lunatick to protect its outstanding reputation for high quality, originality and distinctive cosmetic products,” and “tarnish the goodwill and demand for genuine Lunatick lipstick.”

Jeffree Star has previously claimed that his packaging was developed long before Apocalipsticks were announced.

On an Instagram post shared on 1st October 2015, Jeffree said that he “started and created this design two years ago,” meaning his designs were made in 2013. He has made no comment on the issue since this lawsuit was filed.

INTRODUCING…. Lip Ammunition™ 💄💥🔫 a stick lipstick with intense pigment, coming in several finishes! ‪@jeffreestarcosmetics #‎Spring2016‬ 💗 They will be available early 2016!!! First to launch ➡ Creamy ‪#‎SatinFinish‬ and ‪#‎GlitterFinish‬ Wait, there is more!!!!! ‪#‎UnicornBlood‬ & ‪#‎CelebritySkin‬ shades will be available in a Satin Finish!!!! They will be $19 each, first shades are permanent AND they smell like ICE CREAM. 👅🍴 100% VEGAN and cruelty-free. 🌟 FUN FACT: I actually started & created this design TWO years ago and it got put on hold while I developed the liquid lip (which was supposed to come out after this product!) but the liquid lip design was done first so we moved ahead and have been perfecting the formula for months now! In an early interview with @trendmood1, I said these wouldn’t be vegan…. BUT: after further education and research, my WHOLE line will be vegan. Hope all of my loyal customers are ready to try new products!! 😍😍😍 this is just the beginning…. – #JeffreeStarCosmetics

A post shared by Jeffree Star (@jeffreestar) on

However, the lawsuit points out that the promotional material for Lip Ammunition is also similar to Apocalipstick’s

Here are the specific images that Lunatick have called out in the lawsuit document:

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So what could happen to Jeffree Star’s Lip Ammunition?

Whether Jeffree intentionally copied Lunatick’s designs or not, if the courts decide that Lip Ammunition is violating Apocalipsticks’ designs, Jeffree could find himself having to pull the line of lipsticks, and possibly paying damages to the company.

Also, this isn’t the first time Jeffree has been sued for copyright infringement.

In April this year, Jeffree and Manny MUA were sued after Black Moon Cosmetics accused the pair of copying their logo for a collaborative makeup venture. However Black Moon soon dropped the lawsuit, after settling the issue under confidential terms.


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