Nestle’s complement firm Persona Vitamin, which not too long ago tapped speak present host Kelly Ripa as its spokeswoman, is being sued by make-up artist Sona Gasparian for stealing the title of her firm — and even her prospects.
Gasparian says she based magnificence firm Persona Cosmetics 5 years in the past solely to see Nestle launch a line of dietary supplements underneath the title Persona Vitamin in 2018.
Whereas Gasparian’s firm sells eyeshadows, lipsticks, blush and brushes, together with in Ulta Magnificence shops, she claims Nestle’s firm is a blatant copycat that’s already created confusion amongst prospects.
In keeping with the Las Angeles state court docket lawsuit, quite a few customers have reached out to Gasparian’s cosmetics firm through e-mail to cancel their subscriptions to Persona Vitamin, together with one who stated it gave her an “upset abdomen,” and one other who was instructed to not take something apart from pre-natal nutritional vitamins as a result of she was pregnant.
One other dietary supplements buyer allegedly complained to Gasparian’s magnificence firm about having obtained the dietary supplements regardless of canceling the subscription, solely to later apologized to Persona Cosmetics as a result of “the individuals I used to be after have an identical firm title.”
The lawsuit additionally claims that the corporate Ripa reps is utilizing a virtually equivalent font and magnificence of emblem regardless of Nestle’s functions with the US Patent and Trademark Workplace having been rejected 5 separate instances, due to the “probability of confusion” with Gasparian’s firm.
Ripa, who turned 50 final yr, says Persona Vitamin is likely one of the magnificence secrets and techniques for her “camera-ready pores and skin,” the grievance says.
The scenario not too long ago reached a boiling level with Nestle utilizing the identical social media influencer — Stella Simona — to promote its merchandise and partnering with corporations which are additionally offered in Ulta Magnificence shops, the grievance stated.
It additionally complained about Nestle snapping up URLs which are confusingly just like Gasparian’s firm, together with ‘personacosmetics.com,’ ‘personamakeup.com’ and ‘personaskin.com.’
These URLs don’t have anything to do with Nestle’s dietary supplements, the grievance says and are meant as a substitute to “misdirect customers” to Persona Vitamin in a “bare and unconscionable bid to steal” Gasparian’s purchasers, in response to the grievance.
“There may be nothing unintentional right here about what Nestle did,” stated Persona Cosmetics legal professional, Michael Goldberg of Pryor Cashman. “It blurred the road and used Persona as a site title as a part of an effort to usurp for itself what it was denied by the US Patent workplace.”
“Nestle might have chosen any title. It knew it wasn’t the primary one to make use of Persona.”
Nestle didn’t instantly reply for remark. It has three pending functions with the USPTO for “narrower rights” the Persona emblem, in response to the grievance.