Oscar Wilde said, “Imitation is the sincerest form of flattery that mediocrity can pay to greatness.” It also happens to be big business, but now those being duped are fighting back. Technology, social media, and a crowded imitative market have given rise to a channel of affordable alternatives that have given rise to the “dupes.”
L’Oréal has had enough, and filed a lawsuit against indie darling Drunk Elephant for patent infringement. In a lawsuit filed Nov. 14, L’Oréal alleges that Drunk Elephant’s C-Firma Day Serum violates a patent that L’Oréal filed in 2005 related to 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.
A spokesperson for L’Oréal USA said in a statement to Vox: “We believe that the scientific inventions which make our products so innovative are a strategic and competitive advantage, and we are committed to protecting our valuable intellectual property.”
Read the full article on VOX.