How is this LEGAL??? The REAL Cost of Indie Beauty Lawsuits | Behind the Controversy

[@jentillas5529]

Jen should put together a list of these frivolous lawsuits so we can avoid buying from theses brands!

[@Hamptonivy]

I like that idea!

[@BindleBelle]

I like this idea!!!! I trust her researching skills

[@citychic2001]

Please like her comment! This would be an awesome series

[@DinkyInky2]

That's one of the biggest reasons I will never buy PMG.

[@carlamiller2330]

I agree! Jen, is there a way to get this info to us so we can make more informed makeup purchases? Thanks.

[@NiteMareBliss]

Petitioning Blend Bunny to rerelease the palette as Sugar and SPITE 😂🙏🏻 i think that would be perfect 😁

[@natashawho5508]

Love it!

[@maryeckel9682]

YES!!!!

[@maryeckel9682]

And name each color things like Petty Pink, Full of Brown, etc. Unleash the sass.

[@NiteMareBliss]

@@maryeckel9682 that's all I'm saying! 👏🏻👏🏻👏🏻

[@biogirl1381]

i LOVEEEE this idea!!!

[@eyedocbeauty]

I had no idea they couldn't counter sue for legal fees in trademark law. We definitely need revisions in the law for this loop hole.

[@umassigkap]

If the other company loses the suit , they have to pay for BB legal feea

[@eyedocbeauty]

@@umassigkap from what Jen said it didn't seem this was true in trademark law. And in this case the plaintiff dropped the suit instead of lost so I'm curious if that would still apply. From a personal standpoint to avoid frivolous lawsuits I feel like this should always be the case and I wasn't aware it wasn't.

[@RavenNicole89]

@@eyedocbeautyyeah I guess the law isn’t about being fair in this case. How is it even legal that someone can SUE you for something that is ALREADY YOURS!? And when they are told this, they should be forced to drop the suit and move on. There should be legal protections to keep someone from legal and financial bullying like this. If they are told by the court there is no case, they shouldn’t be allowed to file frivolous lawsuits just a bankrupt someone. That should be against the law.

[@Shawnne86]

Absolutely!! This is disgusting. I think we all need to do our part and maybe have things changed or, hit these companies where it hurts- and boycott them.

[@Shawnne86]

@@RavenNicole89I’m thinking the same thing!! This is just corporate bullying in a courtroom!! What kind of judge turns a blind eye?? How tf is this legal?!?!

[@abhimac27]

It all goes to show you that you can work hard, pour your passion into something, and still get crushed by the bigger guy. And it's all legal. They know it frivolous, the system is f****d.

[@nourin_siddique]

you know I felt for that statement Gisselle said, you work so hard all your life just to stroke someone's ego in the end.

[@ivania321]

Never give in ❤ grrrrrr

[@amykh7647]

Sometimes you have to back down for your own peace. I've been in a lawsuit for almost 2 years, and it's soul crushing. Everything takes so long and it's so expensive that it makes me question continuing.

[@abhimac27]

@@amykh7647 My heart goes out to you 💜💜💜

[@1000lilfeet]

Exactly! The thought that they gave this ridiculousness the time of day just baffles me. Our judicial system is so darn broken.

[@kimberlywelch4198]

Knowing that Pat McGrath did that lawsuit, along with the fact that she uses Mikayla for sponsorships, etc, solidifies for me that I will never give her a cent of my money. Not that her redundant use of browns and pinks in every single palette wasn't enough of a reason. Very disappointed in what she has become.

[@sjworrier0613]

Whoa… which lawsuit

[@kimberlywelch4198]

@sjjoker4724 PM took Rose Inc to suit over the use of the word Divine in their products. I think that's more insane than the Blend Bunny Grunge one!!!

[@alybot2.059]

Not the end of the world lol.‘you get to save a shit ton of money! Pats shit is waaaay to much money

[@bellememorie]

Right. There is nothing special to PML, even her "special" shades. I can find truly special shadows from indie brands. PML just recycles the same shades in different packaging with different prices for the same thing. Her customer service is a nightmare as well.

[@brbsnortingcatnip]

Her shadow formulas are bordering trash. I have 4 of her palettes and never use them because even Colourpop formula are better. I'm convinced the only reason she sells so much is that she uses that filter that makes everything look amazing. False advertising.

[@lolamurder1882]

I almost wish that this company goes after Huda for Pretty Grunge. Huda can afford to fight.

[@ChrystalVanDusseldorp]

They won't because they know they won't get far.

[@NoelleTakestheSky]

As someone hit one one SLAPP suit (a group of others and I referred to a convicted felon as a “felon” online, and he claimed defamation…his attorneys lost the case so badly that they were disbarred), and threatened last year with another (a seller sold me a fake item, and two other items he sold that were related ended up being fake, and he claimed my review was defamation)…yeah, these assholes go after people they don’t think can fight. You basically have to either find a way to fight it, or at least stand your ground to make it look like you do to get them to back down. That second one also threatened to sue one of the other people he sold a fake item to, until it came out who that other person is (someone in Hollywood with a ton of money, who I got in contact with about this) and that the other person has a shit-ton of money. he refunded that person, though didn’t refund me. I think part of why he backed down is because I’d have the Hollywood person on my side.

[@kellysblackcat]

It certainly shows that pat only went after the smaller brand because she knew she could bully her, she knew Huda wouldn't go down without a fight. It says everything about PM. ick

[@maryeckel9682]

They won't for that exact reason.

[@maryeckel9682]

​@@NoelleTakestheSkywas it clothing or a bag?

[@nerdipedia1142]

As a lawyer and a makeup lover it boils my blood to hear about these awful BS claims against Giselle and Maggie but no one should judge Maggie for making the choice that she did. Litigation is not only expensive but STRESSFUL (yes, even if you have a great case). Her decision was what was right for her but man…I hope that brand faces its karma soon (and very publicly).

[@witchy90210]

That's why SLAPP suits are so popular. Even if you can win, is it worth it.

[@shannonquinn]

"He just wanted something to stroke his ego." Good lord. There's a whole industry where you can pay someone to stroke your damn ego, and it's cheaper than suing someone. Go over there, Mr. Entitled Jerk. Some people REALLY need to be humbled. 🤬. I completely understand why Blend Bunny chose the route they did, but it's sad that they even had to choose that route in order to avoid spending a lot of money to defend themselves.

[@JaimeLeighArt]

When she got to the part about the glam corp people opening with stating about her “humble beginnings,” my eyes flew open! The audacity!

[@ivania321]

Grrrrr

[@ratgurl1]

literally no explanation except rac1sm… i’m so glad glamlite is a success cause she deserves the world

[@lizcademy4809]

The assumption that anyone with a Hispanic name comes from "humble beginnings" ... would someone go back in time and tell that to Queen Isabella? OR don't go back in time and say that to ... Evita Peron? Imelda Marcos? J. Lo? I don't know if it was the other brand founder or his lawyer who came up with that gem. The lawyer should be disbarred for saying it.

[@maryeckel9682]

So racist! 😡

[@epif1]

worse, another implied message is that because you are hispanic you don't know anything about law, business, marketing etc.

[@Jennylynla]

This is the same thing that happened with Kathleen Lights Brand Lights Lacquer being sued by Zoya for naming polishes after common women’s names. Zoya only had a trademark on one single name, but Lights Lacquer ended changing the names of all the polishes they had with women’s names and no longer uses women’s names. It used to be Kathleen’s thing though, with each collection to have one polish with a women’s name usually a name that means something to her.

[@keldasinclair6827]

Interesting, I own Lights Lacquer polishes, but not Zoya. I feel like I don't want to own Zoya polishes now. I can't see a reason for a brand to be that petty other than money. Which is sad.

[@maryeckel9682]

That's incredibly petty of Zoya.

[@all_ears_]

I can understand why Blend Bunny didn't fight - it was one palette. Re-release under a tongue and cheek name. However, had it been the brand name, she likely would have fought.

[@NoelleTakestheSky]

tongue-in-cheek. That’s what you mean. And yeah, it’s understandable why BB didn’t tank the company for palette. It’s still wring that it happened, and sucks that this is how it is. :(

[@all_ears_]

@@NoelleTakestheSky darn auto correct 😑

[@shortcake66]

⁠​⁠@@NoelleTakestheSky ironic that you got autocorrected too…

[@maryeckel9682]

Call it Pretty Court-ney or something

[@SolaireHighwind]

Call it Frivolous 😂

[@thejammiestjam]

I am baffled at people trying to copyright common words. A word combo that is unique? Maybe, debatable, probably a "case by case" thing. I love this series, Jen! 🍿🍿🍿

[@NoelleTakestheSky]

It does make sense, but there needs to be some common sense applied.

[@NeoNovastar]

luckily, when dumb shit gets litigated, it can later be referenced as to why something should be thrown out.

[@janessajayechampagne]

I hate that this happened to Maggie, and I ADORE that palette, but I don't pay her bills so I'm going to respect her desire not to fight it. I think that it should be changed so that Trademark lawsuits function the same way in terms of frivolous litigants having to pay all of the legal fees - that would clear out some of the trash in the court system!

[@trala8911]

It’s absolutely worth the money to fight for what is right. But not everyone has the money. As someone who became disabled in their 30s, it kind of reminds me of a dilemma I’ve thought of. If you walk past a house that’s on fire, and two young children are trapped with no hope of fire rescue getting there in time to save them, is it worth the risk to you to do what’s right and try to save them? I think yes. But what if you’re in a wheelchair? There’s nothing you can do, and what’s right becomes irrelevant. Good for her for standing up for herself. As she said, it’s happening to people who can’t necessarily do the same.

[@MrsBees]

I became permanently disabled doing my dream job at the age of 31. I had been working in surgery and assisting surgeons for 11 years. I was the youngest surgical tech in San Diego when I started my career. 11 years later and several back injuries, I met my "straw". It was one last thing that literally "broke the camel's back". 4/24/14(almost 10 years ago) I left work not being able to feel or use my hands and couldn't for nearly a week. I still lose feeling in both hands depending on their position and have constant muscle spasms and back and neck pain. I say all of this to say, I feel you. I think we typically do what is right, putting others into front of ourselves. There are tons of example of good Samaritans getting seriously hurt or even killed trying to help. However that doesn't deter us from doing "what's right" But even if you can't charge inside, we all play a part even if you're not physically able to help. Though I could almost guarantee that even in a wheelchair you'd be banging on windows and trying to contribute because you're a good person. The fact that you've thought about this shows that you're an amazing person.

[@kagitsune]

Thank you for this analogy, I appreciate the succinct lesson here. "What's right" doesn't mean much if you are completely incapable of doing it. Applies to a lot in life.

[@MissEddieBlueKawaiiKrafts]

@@kagitsunebut how does it apply to this situation with the law suits & backing down to false claims of owning intellectual properties??

[@brendaleelydon-carpenter1554]

​@@MissEddieBlueKawaiiKrafts The "wheelchair" in this instance would be "lack of funds" - should she tank her entire company to ATTEMPT to fight the fight against someone who clearly willing to waste their money on frivolous lawsuits? It's sad, but I can see where she's coming from & why she just discontinued (& hopefully just renames) the palette. 😢

[@Figgatella]

I know from personal experience if someone sues you, even if a frivolous lawsuit you have to pay for an attorney to defend yourself. My husband and I were in litigation for 8 years because an old girlfriend of my father thought she was entitled to half of his estate. It was a nightmare. We won, however it sent us into bankruptcy because of the cost. This is terrible. Who knows what would have happened to BB if she hadn’t done what she did.😢

[@monicapatton1405]

That’s awful. So sorry.

[@nilawarriorprincess]

I'm so sorry that happened to you. I was wondering how a micro business could afford to run a business while filing a lawsuit I didn't think it would be possible.

[@maryeckel9682]

That's straight out of Dickens! What an ordeal for your family.

[@Figgatella]

@@monicapatton1405 It was a long convoluted story which included more victims than just us. She sued the people who bought his farm property, people who bought his home and my two aunts. One aunt they couldn’t serve with papers because she was traveling, the other aunt had an attorney from GM because my uncle retired from there, and the other two had title attorneys. We were the only ones who had to pay for an attorney. Because their properties were tied up in court, the man who bought his farm, wife left him because he couldn’t build a house and the people who bought my dad’s home were going to build another house and they couldn’t. It was awful. She died two years after she lost the case, but had my father’s death certificate amended to him being married. He never married her! This is why I recommend everyone carry an umbrella policy for this kind of lawsuit. You never know what can happen.

[@tammystiletto]

Why did the judge not even tell this disgusting man off?? For wasting time and resources as if the court system has all day to just stroke someone’s ego?!

[@ashk7244]

How disgusting, I can't believe that she had to go through all of that just to defend her OWN product. I haven't been super jazzed by GlamLite's collaborations, but I will definitely keep my eye on them because I think Gissellle deserves every ounce of support that the community can give her.

[@ersheri]

There was a lawsuit against a local small coffee maker Cat & Cloud by the Caterpillar tractor company. Which should have been immediately dismissed. No one would ever go into a coffee shop and expect to purchase a tractor. The owners of Cat & Cloud held steadfast. They posted everything on Instagram and did fund raisers etc. Well I’m happy to say Cat & Cloud prevailed and 5 years later they are still selling their wonderful coffees. And all that without a tractor in site!

[@Little.MissDiagnosed]

The word cat js literally cats. Cats! You can’t trademark cat.

[@ersheri]

@@Little.MissDiagnosed True but again it was the “big guy” being a bully. It made no sense.

[@Little.MissDiagnosed]

Yes. “Logic” is not a high point in these things. Lol.

[@Mpietrow]

I work for a lovely boutique Patent/Trademark law firm.. I wish smaller brands would fight this, as it is for sure bullying. Intellectual Property law can get very pricey and quickly. But it does depend on the firm and the company size they would be representing. Smaller employees in the company filing the patent/trademark the cheaper it is (still not cheap). The bigger the company it gets MUCH more expensive. Also, TTAB - Trademark Trial and Appeal Board Intellectual Property is considered a luxury law, as it's very expensive. You want to make great money, become an Intellectual Property attorney! Good for her for standing up to these bullies!! I absolutely adore her! ❤❤ She's such a badass in my book 😍😍 Great video Jen!

[@monicapatton1405]

Interesting thanks for sharing! I love her also and didn’t know who she was before this and have never purchased from Glamlite but will now.

[@mistymoon883]

My husband is a lawyer and because of my unending curiosity I am always asking him questions about legal stuff. If I were to have become a lawyer I would have definitely wanted to work in copyright/trademark law. As a creative person I was interested in it immediately! But it will just continue be a point of interest, I have no desire to go back to school lol

[@ouranhostphan1018]

In the crafting/indie artist world there is something similar with the happy face. There was a string of people who had their Etsy shops closed or sent C&Ds for having a literal happy face on their items. I forget the company but it is something like Happy Face LLC. They have trademarked the quintessential yellow happy face and have gone after people with lawsuits etc.

[@Joxxerfoxy]

Emma in the moment has a great video explaining that exact situation. Their video is called “The Company that Sued 700 Small Businesses at Once || Understanding the SAD Scheme” Super great channel if you want to ever hear about crafting drama

[@SabrinaRina]

I love Glamlite, in fact just finished an order. I'm a paralegal. The legal narative is fascinatingly AWFUL. It's why I joined law. Its not racist on the face, but classist to its core disproportionately applied racistly. So proud to support such an awesome, strong lady. 💪🏽

[@jaybee4118]

This is what’s frustrating when people argue against systemic racism. “Where are the racist laws?”, they ask. Well, of course the overtly racist laws aren’t there anymore, but as you say, the laws are applied in a racist way. Statistics don’t work because you’re arguing against someone racist, they think the statistics are like that because some demographics of people are just born criminals according, so of course there’s a disproportionate amount of them in jail. I’m going to go and have a look at glamlite now, I’d not heard of them before.

[@catherinelynnfraser2001]

Loving the preview ❤ I remember a strange copyright case with Amazon. This story actually made the National news in Canada. A Romance writer initiated copyright on the word “Cocky”. She had a series of books with the word “Cocky” in the book titles. A lot, a lot of books were removed from the Amazon website. It was a real “dick move”. In protest there was a huge groundswell of Romance titles published with the word “Cocky” in it. Letters written, authors protesting and the backlog of titles forced the withdrawal of the copyright process and pressured Amazon to remove the ban on the titles.

[@rebecabpg]

I remember that! I will always say; do not mess with romancelandia because they will chew you up and spit you out.

[@amtheelder2961]

Cockygate was a strange time, but those legal docs were *chef’s kiss.” Nothing like having a bunch of romance writers who used to be lawyers involved. The documents were sassy, in the best way.

[@maryeckel9682]

That was pretty damn cocky of them.

[@maryeckel9682]

​@@amtheelder2961that had to be fun!

[@jennc4984]

I read all of the "Cocky" books prior to the legal action. After that "flex" I stopped following/reading that author. The books are back up, but with different names now.

[@kaylajones4818]

I want to know who wrote that letter to Blend Bunny because I would like to make sure that they NEVER get my business. One purchase won’t make or break the other brand. It would make me feel better to know I was not funding a bully brand.

[@x6angelxface9x]

So many of us are wanting to know who it is but Maggie doesn’t want to tell us. Which I do understand, it just sucks. I love Blend Bunny & I’m so sad that this happened to her. Furthermore, Sugar & Grunge is such a good palette!

[@NiteMareBliss]

Same!!!!

[@maryeckel9682]

I think it's some weird lady in...wait for it...Texas

[@Shawnne86]

Same! If the justice system allows this, we can’t stand for it!! I say we boycott the brand. They need to be sent a message! The consumer doesn’t tolerate financial and corporate bullying!!

[@Prhmangel]

From what I have seen it's Grunge Factory Cosmetics and there stuff doesn't even look good.

[@pineapplepapercrafts]

As a crafter grunge is our staple word. What the heck these trademark rules are so ridiculous. They try to trademark hello. It's bonkers how frivolous these people try to be

[@kasualbeauty309]

That toothpaste brand hello tried to say you couldn’t use the word hello. You shouldn’t be allowed to own a word.

[@reissval]

It's horrible that these companies do this. I realize it will cost a lot, but I'm in the camp of always standing up for yourself against bullies. I'm currently doing that, fighting a big university program in order to have a career after suffering discrimination and bullying there.

[@maryeckel9682]

Good luck, press on!

[@aryah66]

As an executive director of a national nonprofit (and with the nonprofit world being just as messy as corporate) I love these types of videos!

[@kh-c8453]

I lost half my savings in my divorce just to keep my ex from taking half of all my assets when they were the financial “superior”. It was ridiculous. In the end I still stood firm, but that doesn’t bring back the money I lost. It would have cost me too much to fight for legal fee reimbursement.

[@cynthiafisher3392]

This was an AMAZING video. It’s so sad that these Indy companies are being bullied. I had no idea this was going on. I’m gonna make sure that when I am able, I am going to support both Glam Lite AND Blend Bunny!

[@5taceydaisy]

Girl. As an indie fragrance maker, this stuff scares the shiz outta me.

[@lanaesworld6976]

So people forget that lawyers are expensive, and getting sued is expensive. Even if your in the right and would win or have won the lawsuit in the end you still are gone be outwlot or money for lawyers even if the judge says they have to pay your legal fees , and that could take years if you even see a penny of your lawsuit. It's financial bullying and we need to get some legislation , or anti slap laws in every state . Im not familiar witg the specifics of the anti slap laws

[@SussexSandra]

I think anti slap is about defamation and slander 🤷🏽‍♀️ Not sure but that’s where i’ve seen it applied in American legal cases.

[@lanaesworld6976]

@@SussexSandra yeah it is, I just was trying say they need to do some things like anti slap but for business like for copy rights, patents etc. All thes wealthy people/businesses basically bully smaller Indy brands who own those rights and drag out litigation till they go broke or give up the copy rights etc

[@stacym735]

A JUDGE laid all that "stroke his ego" and "oh, but can you afford THIS much?" crap Gisselle, no doubt BECAUSE she was a young woman of color, and what was she going to do about it? Just hearing about that made me feel nauseous; I can't even imagine how sick inside she must have felt. I don't know if Blend Bunny necessarily did the "right" thing, but I don't doubt they did the only thing they could. That makes me sad, and angry, and something desperately needs to change. Financial bullying is not new (understatement of the year!), but talking about it like this certainly is. Thanks, Jen.

[@stacym735]

Oh, and my next makeup purchase will definitely be from GlamLite. She's brilliant, and I want to support her brand.

[@CharlieKayCee]

When you get a trademark, your attorney (if they’re any good) will advise you to fight for it because you can lose it if it becomes commonly used in your industry. But for someone without the trademark to fight for it from someone who does own it? That guy was a fool but unfortunately a fool with money and an attorney who was happy to take that money in place of integrity. I am glad she fought and they backed down.

[@kateejsmith]

I think that Maggie did what she felt was right for her and her brand just like Gisselle did. I bought Sugar and Grunge in the clearance and am always happy to support Maggie who is an incredible artist and brand owner. I'm interested to see if they do try and make a pass at Huda, which I HIGHLY doubt they'll attempt to do. I think that Gisselle is right and that people like this try and do this to small indie brands that they think they can take advantage of. I do think that this is BS and so wrong that big companies try and pull stuff like this. I wasn't aware that you can't make counter claims for reimbursements of legal fees on IP cases, I think that may change as there has been such a rise in IP litigation in many industries.

[@cat9lives999]

Companies settle lawsuits all the time because it’s not worth the time, money, negative social media etc. It has nothing to do with who is right. I think you have to calculate the damages individually. I wouldn’t want to give up a corp name, but would probably rename a product to avoid unnecessary expenditures.

[@talon_craft4734]

Ugh, this happened to an indie perfumier I like, Black Baccara, which is a type of rose. Never did I link it to Baccarat, the company that sued her. But no, they bullied her. She tried to fight it, but ultimately changed her company name to Amorphous Perfumes.

[@ObsidianNebula00]

You saying "all the way back" followed by "2018, 2019" caused me physical pain. I am much too young to be made to feel old like this!!!

[@katwalker07]

I've found in my life that sometimes, it's just worth more to give in than fight. You may lose a little, but it's better than losing a lot. It sucks. It sucks a lot. Even when you know that you're in the right, but sometimes it's just not really worth the fight. You give in, be upset for a while, and then go on to something bigger and better.

[@owlbyovrprepared1128]

This is true. Sometimes it's best to walk away; sometimes it's better to fight. Principle is more important to some. Giselle speaking about the next victims popping into her mind really says something about how sticking up for yourself when you can makes room for sticking up for each other.

[@melissaz6778]

Just like how Pillowtalk Derm had to change her brand name because a certain other brand has a Pillowtalk range of products....

[@sjworrier0613]

Honestly i think that’s for the best, she’s gotten big recently so having her name on it is the way to go. I never was a fan of the “pillowtalk” name but I agree it’s complete BS that that happened to her.

[@lauriehutchinson791]

This one made sense to me. Pillowtalk in cosmetics definitely is associated with CT and the derm should have known better.

[@WYGOWarrior]

@@lauriehutchinson791 OFRA has a highlighter shade called Pillow Talk and Doll 10 a Nude Lip Wardrobe in Pillow Talk so luckily not everyone gets sued.

[@meizhou9279]

I’m a fan of the pillowtalk derm channel but I have to say I’m not surprised the other brand sued. They are practically synonymous with the pillowtalk name.

[@Labbfreak]

Ahhh, I didn’t make the connection for the rebrand - must be frustrating to be forced into a change but hopefully is a net positive

[@kittycloud6693]

I love GlamLite eyeshadows but now I have so much more appreciation for the brand owner. And I'm so sorry for blend Bunny being put in that position.

[@Im-Perfectly-Imperfect]

Unfortunately, this happens all the time in everyday life between people who don’t even own businesses. There are people out there who use the courts as their weapon against their perceived enemies.

[@leslie3550]

I'm so upset I wasn't able to get the Grunge pallete. It's my era!

[@msmonaishere]

I owned a beauty brand in the past and this happened to me twice with Milani and Amarte. When you decide those letters it makes you want to $hit your pants. It cost around $800 just to have your attorney draft each response letter. It’s really a mess.

[@nancywallmeyer4652]

This is why I will continue to support both blend bunny and Glamlite. Women controlling their own business and journeys 👏👏👏

[@drina4706]

LVMH owns Hard Candy now [if I remember correctly] and they make everything in China and pay people pennies per hour. Big brands can get sooo greedy!!!

[@daniellle4270]

Sadly, I suspect that many people who have dealt with a messy divorce/family court case with one party being pro se, defending themselves, and the other one having an attorney… There is no limit on the person defending themselves (not paying for any attorney ) in what/how much they can file. And at least in Family Court, the court often goes out of their way to try and accommodate pro se litigant in an attempt to even the playing field. These games can cost tens of thousands of dollars in the family court… I’m just one of countless it has happened to. …. And An appeal is usually a minimum of $5000-10,000. Even if it’s completely baseless and absurd. I had no idea this went on outside the family law arena. So infuriating and disgusting. Thank you for a super illuminating and interesting video!

[@courtran]

Now I need to find a suitable dupe for the riki loves mirrors

[@melissacoviello2886]

I hope they added legal fees as a consequence to filing a frivolous trademark lawsuit.

[@kagitsune]

Watch through the end: you can't. :/

[@amykh7647]

A video about why brands come out with the same products around the same time would be fascinating!

[@MrsBees]

I wish a bunch of these indie brands and now bigger brands like ABH, that have had this happen to them, would band together and go to their congressman about this. If enough started making waves and refused to be silent or go away, things might change. However NOTHING will change if they stay quiet and just make a video for 6k people. The fact that they can't sue for legal fees is why this is happening. That one change in the law will stop these suits from happening.

[@worksucks111]

This is outrageous. The judge should be the one protecting people from these frivolous lawsuits. He could have dismissed it. Too bad there hasn't been a law firm that hasn't offered their services to Indy brands. Keep them on retainer in case something like this happens. They all pay into the firm to collectively fight these kinds of things. Sort of like a union but for legal protection. Good for Glamlite....she probably helped multiple people from his bullying in the future!

[@kagitsune]

That's a good idea!

[@sandeey]

I wish I had known this about Glamcore before I purchased a Riki mirror.

[@millie-mayprice891]

This is not only a problem in the beauty industry. A locally owned cafe here in New Zealand got sued by Coca Cola because the name of their cafe was the same as a particular beverage sold by coke, the product was not even sold in this country, but apparently having a cafe with the same name is infringing on their copyright. Obviously a couple of Kiwis who own a cafe can't afford to go toe to toe with Coca-damn-Cola, they had to rebrand. (which ALSO costs a lot of money- even if you capitulate to the demands to avoid the court costs, you're still paying for new signage/packaging, loss of business due to people no longer recognising your brand/product, loss of product you now have to pull from shelves etc, not to mention the time investment in dealing with all of this bullshit.) It also happened to a small gin distillery here in NZ, I don't remember the specifics, but I think it was monster energy tried to take them to court because one of their gins had a similar name and they were trying to say customers would get confused. As if consumers can't tell the difference between a locally made boutique gin and a mass produced can of energy drink. It is straight up disgusting what these huge corporations are doing to small businesses.

[@sarahg2665]

We need anti-SLAPP regulations in trademark law and protection from frivolous lawsuits to be covered under business insurance. Certain business insurance policies already cover legal expenses (and sometimes payouts) for lawsuits regarding accidents and employee grievances but I’m not aware of any policy that would cover IP related suits. I’m not sure how we could make any of this happen though because I’m sure large corporations would lobby politicians to prevent it.

[@misshell2223]

Just to add to what Jen very importantly stated.. *Any & EVERY time you are expected in court especially to defend yourself-> ALWAYS have a lawyer NMW* even if you cant immediately afford a good 1 just hire who u can until you can afford a better one! You can always change your attorney but you cannot change the judge nor the fact tht you're in court!!!!

[@cmclovesnkotb]

These stories are maddening, but the judge's statement really takes the cake

[@nfcapps]

"He can stroke his "ego" with his left hand or his right hand but he can't have anything from me."

[@2nicnag2]

We know someone this happened to in regards to T shirts for our states football team, she created sayings and designs that a bigger company wanted and she couldn’t afford to go to court even though it was clear she was the creator. It’s really sad that this happens.

[@juliemoses1909]

I can understand just folding. Sometimes this stuff isn’t worth the effort. In some cases, I can see where folding isn’t possible. If you can change a name or something, it might be cheaper.

[@DarkFire1536]

I don't always like their collabs, but i love their eyeshadow! Knowing this, just makes me want to order a bunch of stuff from GlamLite. She is fierce! I am so proud of her for saying she isn't hear to stroke anyone's ego!

[@FranFellow731]

KathleenLights has to deal with this with Lights Lacquer too. She had to go to court just to defend being allowed to name her nail polishes with female names on occasion. Unfortunately she lost. She had to change all of the names of her existing colors and update her packaging labels. Still an outrageous expense for a small brand and also potentially damaging to whatever following you’re tying to build when you have to change the names of over 20 shades in your lineup.

[@abigailkirkham9120]

Well next month ill definitely be buying a pallet from blend bunny and i dont care about the postage to the uk

[@citychic2001]

This is why I love this channel, aside from Jen luv doing an exceptional job in researching and being unbiased, I actually learn something that maybe applicable someday within the realm of my family and friends. It is mind boggling how some big companies use "bullying tactics" and find these devious but legal ways in taking advantage of indie brands. These are companies that inspire you with their grand mission statements and garnering new customers who want to align themselves with the brand and products but behind the executive door are executing desperate attempts at takeovers. If anything, I learned not to let any brand extort you and ALWAYS hire counsel😢😢

[@aleigha9141]

I completely understand where Giselle is coming from and why she fought and was committed to fighting. It was about her whole brand and social media presence. EVERYTHING she had worked for. Plus, she was standing up for what was right for herself and all indie brands. I also understand why Maggie and Blend Bunny decided not to fight in court and just sold off the palette and was done with it. The lawsuit was just as frivolous and she would have won. I mean trying to lay claim to the word ‘grunge’?! How ridiculous! But, it would’ve cost her more than she could’ve made selling that palette possibly. I’m a big advocate of standing up and doing the right thing, but I also don’t believe in throwing money away just to make a point. For blend bunny it was just one palette. They can drop that name and move on. It’s not the same as with GlamLite where it was her whole brand. It really is a cut throat business in the beauty industry! Wow! The larger companies with “deep pockets” going after smaller indie companies is just wrong 😕 thank you for always keeping us updated on the latest. Have a great weekend! Hugs! 💖🌸

[@Vlaloca777]

Normally I would fight for what’s mine but I understand why she took the palette down. Especially in today’s economy and with the beauty industry being so saturated I’m sure she’s not making a ton of money right now. They should change the law so you can have that compensation in trademark lawsuits.

[@caseyspinks]

I picked up 2 because I knew my grunge loving 16 year old would love it as well💕 Also I do not like the bullying. I don’t blame her for agreeing to fight it.

[@nourin_siddique]

OMG this reminds me of how Kathleen had to change her all polish names because Zoya ( not Sally Hansen ) sent a C&D for the polish names. I remember she had to change a lot of bottles. But, i think Zoya ( not Sally Hansen ) did have the trademark - I forgot why kathleen did not go with it. Tbh Maggie might have been hurt to discontinue but we are talking a lot of fees. At this point it is pros & cons - which is more expensive. Edit: it was zoya frnds.

[@jenluv]

I forgot about that! Was it Sally Hansen? I’m gonna have to refresh my memory.

[@alyssabrown-carleton6173]

I thought it was a nail polish brand, maybe orly(?). Whichever one also names their nail polishes with people's names

[@jenluv]

I looked it up. It was Zoya!! That’s it!

[@nourin_siddique]

@@jenluv I also remember a nail polish brand thanks for correcting.

[@Liz0519]

Fascinating video! I understand why Blend Bunny didnt fight and i also understand why Giselle did. It's all about whats doing what they believe is best for their brand. Bullies never seem to go away do they?

[@NoelleTakestheSky]

It’s always easy to say what someone else should do when it’s not your money, your likelihood, your ability to support yourself and your children that’s on the line. It’s easy to say, “I’d absolutely defend it,” but when you’re at the bank staring at the papers to take a home loan that you know still might not be enough, if you even have a home with equity in the first place, it’s a different story.

[@krislafferty1261]

Would love to see you do a deep dive into brands coming out with similar products/concepts color stories and packaging at the same time! Please and thank you ❤😊

[@kagitsune]

I had no idea that you can't countersue for legal fees in trademark litigation. This has got to change or else our courts will continue to be clogged with this muck.

[@all_ears_]

I had a niggling thought that Pat McGrath did something like this. Googled - and a Jen Luv link came up :). It was for "divine"... (I thought it was "rose" actually.)

[@Sonicman415]

Yyyyyikes.. no more of it for me. PML is off my list.

[@katybakker]

I think it is worth standing up for what is yours, it sends a message to the bigger companies that they can’t bully the smaller ones to get what they want. A name shade in a palette with other shades would not confuse me on what brand it’s from. Hard Candy was really reaching for that one lol.

[@kristenclark82]

I was screaming when you brought out the ABH “hard candy” palette!! You’re the best!!! 💜

[@danesmcganes9118]

I was sent a cease and desist once with a bunch of ridiculous threats. I called multiple attorneys to get some guidance and most of them wanted an absurd amount of money. Except one, who said they were just puffing up their chest & trying to intimidate me and that I didn't need a lawyer, that I should just ignore it. And guess what happened. Not a damn thing!

[@TracyD2]

Yeah that actually common

[@tamizilla]

Thank you for talking about this. I was furious and went down a goodle and reddit etc hunt. and yes I found out the brand.

[@FranFellow731]

The whole thing reminds me of when musicians are called to court for sampling without permission/copying/whatever you want to call it. Sometimes it’s so obvious and you know they need to pay. Sometimes it’s a stretch and it’s ridiculous and everyone thinks so.

[@CasseeCat]

Damnit, that pallet was on my list that I’m saving for. Getting BB in Australia is EXXXY. It’s a normal practice to trade mark every possible name/association to your brand and make up line to protect future product lines running into someone else owning it. It’s BS. Literally trademarking words like “grunge” “dark” ect. I think JS mentioned it in one of his videos - maybe even the SD series (prior cancellation).

[@GirtheAlienGoldfish]

The fact that she was targeted because she's Afro-Latina is just... ugh. It's fucked up. This is why I hate rich people. They think they're entitled to everything and that they have the right to look down o the rest of us.

[@Codyjayartistry]

I'm just glad the Maggie is a strong person, a smart business owner, and didn't let this get her down. On to the next amazing product. The person that tried to play this game did NOT win and you know they are fuming. All that happened is we came together and SOLD OUT the rest of her inventory, helped to introduce her brand to even more people, and she's getting ready for the next launch. I hate that she even had to deal with this because it's ridiculous, but Maggie is resilient and always finds the silver lining in things. ❤❤

[@ordysparrow7574]

I love Blend Bunny and Glamlite. I will support them both.

[@seedylee]

DAMN it is amazing she didn't back down, glad to support glamlite now

[@lflan1023]

I just saw a post from Gabby, the owner of Alamar Cosmetics saying she's nearly closed Alamar a number of times recently due to legal battles. I wonder if it's a similar situation. 🤔

[@colleenheart]

I don’t think it’s anyone’s place to have a poor opinion about what Maggie chose to do. She didn’t harm anyone by deciding to step away from being bullied. She is the only one who can make the best decision for her finances and her mental health. I am so sad for her and for everyone who is bullied by people using the legal system to get whatever they want. The lawyers win (even if they lose) in all of these cases. Giselle is an absolute badass and I love that she was only 27 when she stood up to those bullies! I love her brand and her content. She is clearly an extremely intelligent and hardworking woman in business. I am such a fan of both Blend Bunny and Glamlite and have mad respect for both of their founders. Another awesome video Jen!!!

[@stoptheclock6750]

This is something that happens everyday in all industries and with companies at all different income levels. Many companies actually have insurance for this kind of thing and in the end the attorneys are typically the ones who make out. Especially when things stop short of court.

[@toxxicx]

This reminded me of when Tarte sent a C&D to Give Me Glow over their Sugar collection. About 10 years ago I had a page called "Black Autumn Cosmetics" and I got sent a fake C&D by a band called Black Autumn. It wasn't even the band's real page 😂

[@debbieotoole1072]

This was a fantastic video 👏 i personally don't blame Maggie because like she said she has more exciting products ahead and it would just cost to much, Sugar and grunge is a fantastic palette i love it and I'm so happy i have it but I'm also excited to see what comes next and all this just makes me want to support Maggie even more 😊 Blend Bunny has a fantastic formula.

[@inma_m.f.]

I know that things like this case are a common daily occurrence, but hearing them in detail leaves me with a sick feeling in my stomach.We humans are...

[@dejahdanger]

Enjoying your channel very much. Professional, engaging, articulate, and my speedy AuDHD brain enjoys your cadence. You talk fast enough that I don’t zone out.

[@emilie5507]

HELL YEAH GISELLE!!!!!! I literally cheered when she told the judge “no”. Then she’s says “I’m not here to stroke your ego”! I have never purchased anything from glam lite but I will be heading over to their website and buying a palette right now 😊

[@audreyheemstra]

As someone who saved up to buy the Riki mirror after seeing its stellar reviews I will be reminded of this disgusting behavior every day when I sit down at my vanity to get ready 😡 we will not forget. #exposethebrands

[@lolamurder1882]

If the brand who sent the C&D to Blend Bunny is who it is rumored to be, they are trying to trademark the word "posh". But I understand why Maggie didn't want to fight it. It's too risky for a small biz who doesn't have the funds.

[@ivania321]

Investing back into your business is crucial ❤ court is exhausting

[@Randilynn66]

Who is it rumored to be?

[@lolamurder1882]

@@Randilynn66 Grunge Factory Cosmetics, allegedly.

[@valeriesjourney17]

Jen, thanks for doing this quality journalistic research.

[@WendyandBradPitt]

It's too bad Blend Bunny didn't fight. I would love to see the company suing her to explain why they didn't also go after Huda Beauty, like you said. I don't blame Blend Bunny though. Sometimes you just have to cut your losses and move on. Blend Bunny probably did the math and decided they would rather spend their money on new releases instead of fighting to hold on the an old release. I just hope this doesn't happen again.

[@BelleStreetBoyz]

This was so interesting! Great job, Jen! These crazy lawsuits make me rage.😠

[@onewhisper22005]

That email they sent 😬😬 Like, at least try and be nice about it. The tone of that email alone would have had me like “Oh hell nah!” But, I commend Blend Bunny for just letting it go and moving on. Better to do that than to give any attention and money to it. Though, I’m sure in the end she would have won. And I believe if you win a case like that you could get reimbursed for court costs and attorney fees but I doubt that always happens so better to just avoid it.

[@mrsbinkbonk]

Wow. I am speechless. So unfair.

[@biogirl1381]

i TRULY hope that maggie remakes that palette. as much as i HATE that she didn’t fight it, i completely understand why. that’s the ONE blend bunny palette that i didn’t get the chance to purchase, and maggie’s formula is impeccable!!! 💚💚💚

[@Mjones5018]

It’s easy to say ‘she should have stood up for what’s right’ when you aren’t the one that’s doing the standing. When it’s not your money that’s being spent on lawyers and legal fees. I think it sucks to even put it out there that she did the ‘wrong’ thing for her brand and her livelihood.

[@Emmie1]

There was a bakery that wanted a monopoly on mochi muffins, literally just muffins made out of mochiko, in their city. They even trademarked "mochi muffin" which helps them in their bullying of smaller bakeries. Greedy SOBs will always have the audacity. Unfortunately, a lot of people won't have the education, time, money, resources or mental fortitude to fight them in court.

[@britbc4461]

This is kind of like Zoya not letting Lights Lacquer use names for their polish, even though many of the colors were totally different, along with sales prices, sales websites, and the bottle