L’Oréal sues Drunk Elephant over patent infringement

Dispute over ingredient used in Drunk Elephant’s C-Firma Day Serum

Cosmetics giant L’Oréal is suing skin care brand of the moment Drunk Elephant for the infringement of one of its patents.

The alleged infringement relates to Drunk Elephant’s C-Firma Day Serum, which L’Oréal claims violates a patent it filed 2015 concerning L-Ascorbic Acid, a form of Vitamin C.

The patent, number 7,179,841, and entitled ‘Stabilised ascorbic acid composition and methods therefor’ is claimed by L’Oréal to have been infringed through the sale of the serum.

The ingredients list for C-Firma Day Serum includes 15% l-ascorbic acid.

A lawsuit was filed on 14 November in Texas, US following claims by L’Oréal that it made Drunk Elephant aware of the alleged infringement in September last year but nothing was done to stop the sale of C-Firma Day Cream.

In addition to a permanent injunction, L’Oréal is seeking damages consisting of interest, costs, and an accounting of all infringing sales.

Commenting on the lawsuite, a spokesperson for L'Oréal USA said: “We believe that the scientific inventions that make our products so innovative are a strategic and competitive advantage and we are committed to protecting our valuable intellectual property.”

Drunk Elephant has faced other claims of IP infringement in the past; in November 2016, natural skincare manufacturer Green Heart Labs took the beauty retailer Sephora and Drunk Elephant to court over trademark infringement, however, the case was voluntarily dismissed by Green Heart in December 2016.

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