Rosie Huntington-Whiteley’s Rose slaps Pat McGrath Labs with lawsuit over ‘Divine’ trademark accusation

By Becky Bargh 8-Feb-2022

Owner of British model’s beauty brand has hit back at Pat McGrath Labs’ accusation with litigation through California court

Rosie Huntington-Whiteley and Pat McGrath

Rosie Huntington-Whiteley and Pat McGrath

Court records have revealed that celebrity beauty brands Rose, founded by Rosie Huntington-Whiteley, and Pat McGrath Labs (PMG), the eponymous brand of Dame Pat McGrath, are hashing out a legal battle over the name of a cosmetic product.

In the filing, made on 28 January to the Northern District of California, Amyris – the owner of Rose Inc – filed a complaint against PMG for non-infringement after the celebrated make-up artists’ brand threatened trademark litigation over the name of Rose’s Blush Divine Radiant Cheek & Lip Color sku.

The complaint states that Amyris received a cease-and-desist letter back in September 2021 from PMG, alleging that the Divine product infringes “the Pat McGrath family of ‘Divine’ marks”, as reported by The Fashion Law.

The letter added that the marks “have become associated exclusively with Pat McGrath in the cosmetics industry”, and demanded that Amyris “immediately and permanently” stop making and selling products under a Divine name.

Counsel for McGrath also asked for all current inventory of the product to be delivered to PMG so that it could be destroyed.

Less than two weeks after the initial filing, PMG and Amryis have been unable to come to a settlement, meaning the companies will have to fight their case in court.

Rose’s Blush Divine Radiant Cheek & Lip Color

Rose’s Blush Divine Radiant Cheek & Lip Color

Rose, the plaintiffs, are seeking declaratory relief from the court, by determining that PMG “does not own protectable rights to a ‘Divine-formative’ family of marks”.

Dozens of beauty products in PMG’s line-up hold the name ‘Divine’, including its Mothership VII: Divine Rose eyeshadow palette, blush kits and lipstick ranges.

However, other brands are also carrying the name Divine for their beauty products.

Lilah B.’s collection includes a Divine Duo Lip & Cheek product, while L’Occitane offers a Immortelle Divine Cream and skin care brand Antipodes’s line-up features a Divine Face Oil.

Huntington-Whiteley lifted the lid on her cosmetics brand in August last year, which hit the market with its Modern Essentials line, featuring skin care and colour cosmetics.

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Cosmetics Business has reached out to both brands for comment.

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