Charlotte Tilbury is responding to the growing trend of beauty copycats, or dupes, with a sharp focus on marketing.
Last month, cosmetics and beauty brand e.l.f. avoided liability for duping competitor Benefit’s Roller Lash mascara. The case (Benefit Cosmetics LLC v. e.l.f. Cosmetics, Inc., N.D. Cal. Case No. 23-cv-00861-RS) underscores the legal hurdles brand owners often face when protecting their innovative technology.
In an industry flooded with imitations, Tilbury is no stranger to dupe lawsuits herself. In 2019, she successfully sued Aldi in the UK for copying her Filmstar Bronze and Glow contour and highlighter palette. But legal battles can be a tough fight.
That’s why, along with advocating for stronger cosmetic intellectual property laws around the world, she’s also focusing on consumer education through her new campaign, “Legendary. For a Reason.,” emphasizing the unique quality and performance of her signature products like the Hollywood Flawless Filter.
While marketing plays a key role in differentiating innovative products, it’s not enough on its own. To fully protect their creations and maintain their value, brand owners should also take proactive steps on the legal front—securing intellectual property rights such as trademarks, patents, and copyrights, and be prepared to enforce and defend them when necessary.
Tilbury has intellectual property rights to her trademarks and design codes, the latter of which Aldi violated with its Filmstar dupe. But it's much harder to prosecute similarities in formula. Perhaps predictably, Tilbury advocates for stronger cosmetic IP laws around the world. But in the meantime, the war against dupes seems to wage largely outside the courtroom, in the public square of consumer opinion.
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