Episode 13: Black Owned Cosmetic Line Overcomes Trademark Issues With Big Brand To Make 1 Million Dollars in 90 Minutes – The Legal Tea
November 27, 2018

Episode 13: Black Owned Cosmetic Line Overcomes Trademark Issues With Big Brand To Make 1 Million Dollars in 90 Minutes

The Crayon Case

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I love that Supa Cent acknowledges and respects that Crayola has the right to keep people off their brand. It doesn't matter how much money they have. Remember if they don't protect it they lose it and the money they get based off of brand recognization starts dwindling.

It's important to note that while Crayola is stepping into the makeup game, that isn't the only reason they were able to prevent Supa from releasing her original packaging. Although trademarks usually prevent others from using the same or similar mark in the same or related class certain, famous brands don't have the same restrictions. These brands are able to prevent anyone in any class from using their mark by claiming that the use of the mark will dilute their brand. Meaning, take away the uniqueness they worked so hard to create.

She does have a registered trademark for Crayola Case and one other mark plus 4 trademarks applications pending. I believe that the entire ordeal with Crayola taught her the importance of owning your brand. She has such a unique packaging for her products. I wonder if she is considering registering the packaging as trade dress. Trade dress is a form of trademark protection that protects the visual appearance of a product or packaging. Just like other trademarks, the packaging must be distinctive. Meaning that when people see it they think of your company. Also, while the packaging must have a unique, meaningful, and deliberate function, it cannot be necessary in order for the product to work. In this case. Supa Cent has a makeup palette that is held inside a composition notebook. The palette has to be held in something but it doesn't have to be the unique design Supa created.

Examples of trade dress are:

  • the Coca-cola bottle. The original glass bottle that is.
  • Reader's Digest magazine cover,
  • Louboutin red bottoms and the list goes on.

Our three top takeaways from today's show are:

1. Look before you leap. Mark sure to complete a trademark clearance search to avoid trademark infringement.
2. It is your responsibility to protect your brand no matter how big you get. Remember the bigger you are the harder you fall. This doesn't mean that you have to punch em in the face when you see someone infringing. They may not even know.
3. If the packaging of your product is unique consider protecting it to avoid replicates and brand confusion.

Make sure you check out thecrayoncase.com

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