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SugarBearHair has been endorsed by the famous Kardashian/Jenner sisters. Thanks to a new age marketing and promotions on social media posts from these mega-famous sisters and other celebrities, Florida-based BeSweet Creations, LLC, the maker of SugarBearHair vitamins has become synonymous with its legally-protected robin’s egg blue gummy vitamins and unsurprisingly, rivals are taking advantage of company’s “past advertising and fame” by copying products and exact packaging.
The complaint filed this week in a Federal Court in Southern Florida, BeSweet states that Trureflections, Inc. responsible for “willfully, intentionally, and deliberately” attempting to “profit from the name, reputation, and advertising” of BeSweet’s SugarBearHair brand. True reflections is copying the “appearance” of the vitamins, and “the shape of a bear presented in [a] blue colour,” for which BeSweet has acquired federal Trademark protection.
The barely 4-year old Instagram-famous company has used the strategy to promote their products by using social media influencers and celebrities. The Texas-based Trureflections has copied the design of its “decorative bottle” in order to “sell and advertise and its imitation vitamin products.”
BeSweet has been using a “clear bottle having a white top and a light blue label” including the words “HAIR” and “VITAMINS” in white, “capitalized in a relatively mid-sized font” and “a white rectangular block positioned under the word “VITAMINS” – throughout the U.S. “to identify its line of vitamin products, including a Hair Vitamin formulation product, and to distinguish its vitamin products from other products on the market.” They have been consistent with their packaging since 2015.
With the endorsers like all of the Kardashian and Jenners, Emily Ratajkowski, Bella Thorne, Vanessa Hudgens, and countless Bachelor contestants, among others, consumers are identifying with the widely-advertised SugarBearHair brand. When they discovered about “the similarities in the trade dress and the identical vitamin appearance” of infringers product, consumers “are likely to believe that [Trureflections] and its imitation vitamin product are associated with and/or affiliated with [BeSweet],” when that is not the case.”
BeSweet has made sure that “Trureflections’ products are not at all associated with [its brand], and the lookalike products can be, instead, “potentially hazardous and/or ineffective imitations.”
BeSweet has made claims of trademark infringement and false designation of origin, seeking monetary damages, including the cost of “corrective advertising, and injunctive relief, the latter of which would serve to immediately and permanently bar Trureflections from selling any infringing products.”
BeSweet wants the court to force Trureflections to identify “every purchaser of a product that displays any mark belonging to [BeSweet] that was sold,” and to also identify all of the entities with which it does business and “inform them in writing that they must immediately cease … the manufacture, distribution, importation, marketing, advertising, and sale of any vitamin products using [BeSweet’s trademarks, trade dress, or any confusingly similar designation.”
BeSweet wants the court to order Trureflections to provide it with “all packaging, literature, advertising and other [infringing] materials in its possession” for destruction.