The Conkle Firm Trending At Indie Beauty Expo

Posted by:

Conkle, Kremer & Engel attorneys Amanda Washton and Desiree Ho attended the Indie Beauty Expo in Los Angeles to take note of emerging trends in the beauty industry.  More than 100 brands exhibited their products at  this event, many of which recognized a key trend in the beauty market – consumers are becoming increasingly attentive to what is in their products and where their money is going.  Countless brands touted business practices such as sharing profits with charitable causes, as well as product features like “vegan,” “natural,” and “organic.”  The simpler the ingredient list, the better.  The product packaging and displays reflected this gravitation towards simplicity – minimalist typography, clean lines in the artwork, and monochromatic color schemes.

As more companies hop onboard the “organic” and “natural” train, beauty brands should be careful about their advertising and labeling to avoid drawing adverse attention of regulators and others policing the market.  Conkle, Kremer & Engel has published multiple blog posts throughout the years concerning “natural” and “organic” product claims.  Selling “natural” products in California can be particularly hazardous without the right guidance – “natural” ingredients may be subject to Proposition 65, as CK&E has explained in the past.  Manufacturers would do well to remember that the California Supreme Court has warned, particularly in claims of organic contents, “labels matter.”

With decades of beauty industry experience helping companies grow and protect their businesses, CK&E attorneys routinely guide clients through the process of complying with Proposition 65 and other complex regulatory schemes.

Print Friendly, PDF & Email
0

Counterfeits Can Take the Joy Out of the Holidays

Posted by:

As the holiday shopping season reaches peak fervor and consumers seek out the best deals available on hot products, gift-givers are more at risk of purchasing counterfeit products of all kinds.  Recently, news articles have warned of counterfeit Fingerlings – the latest “it” toy – along with fake versions of popular electronics, clothing, personal care products, and many other types of goods.  Government bureaus like the U.S. Customs and Border Patrol regularly release holiday bulletins advising of the escalating volume of phony products entering the United States (for example, https://www.ice.gov/news/releases/buyer-beware-counterfeit-goods-and-holiday-shopping-season).  Counterfeits are far from harmless.  Not only are these counterfeit goods generally inferior to authentic products in both quality and safety, fake products are fraud, theft, and infringements of valuable trademarks and other intellectual property.  Sales of counterfeit products can even be criminal.

As a consumer, what can you do to help ensure you’re receiving the genuine article?  The most obvious method is to avoid unfamiliar sources and to buy directly from the manufacturer’s website or from an authorized retailer whenever possible.  If buying on websites like Amazon and eBay (where products are often actually sold by unrelated third parties), it helps to make sure that the seller of the product is the manufacturer or Amazon itself, not an unknown third party.  Often times, third party sellers do not have the ability or desire to properly perform checks on the goods they are selling, and in many cases the third party sellers never actually possess the products – when they receive your order they simply forward the product from a warehouse they have never even seen.  While outlets like Amazon and eBay have some anti-counterfeiting policies and procedures, experience has shown that not every fake product will be screened out.  Consumers should also check the price of the goods to ensure that it is not abnormally low, and examine the packaging and presentation of the product as depicted on the website to help determine whether the product might be fake or foreign-labeled goods.  Compare the look of the product offered with the same product on the manufacturer’s website – if it’s different, that’s a red flag.  Consumers should also not hesitate to contact the manufacturer if they suspect that they have received counterfeit or foreign-labeled goods – in addition to being the primary victims, consumers are often the first line of defense in the fight against counterfeiting.

As a manufacturer or trademark owner, what can you do when you discover your products being sold in an unauthorized channel, with risk of counterfeiting?  Conkle, Kremer & Engel has extensive experience helping manufacturers and distributors to investigate and, when necessary, litigate counterfeit and other trademark- and intellectual property-infringement claims.  CK&E attorneys are well-versed in the careful initial steps that should promptly be taken when sales of illicit products are suspected.  If the seller is cooperative, litigation can often be avoided.  But if the seller is not, that is a strong indicator that the seller has been selling, and will continue to sell, infringing products unless stopped through litigation.  Whatever you choose to do, consult experienced counsel and decide on your course of action promptly – unreasonable delays can seriously harm your ability to protect your rights.

Print Friendly, PDF & Email
0

The Conkle Firm and Social Media Influencers at Beautycon LA 2017

Posted by:

On August 13, 2017, Conkle, Kremer & Engel attorneys Amanda Washton, Desiree Ho, Aleen Tomassian, Heather Laird and paralegal Chelsea Clark attended Beautycon in Los Angeles, both to assist clients and to observe first-hand the latest trends in the beauty industry. In addition to the thousands of youthful fans and future beauty marketing gurus in attendance, more than 100 brands and over 70 “creators” were featured at the two-day festival.

An annual gathering, Beautycon serves as a space for beauty industry participants to interact with young fans. As the popular beauty ideal moves away from the conventional toward one that is more inclusive and identity based, with the help of a talented team of influencers Beautycon advocated for authenticity – a sentiment to which all attendees could relate.

Beautycon heavily emphasized the growing trend of using social media influencers and celebrity endorsements to connect with consumers.  In exchange for a prized “like” on Instagram, many vendors gifted product samples or even full product lines.  Beautycon exemplified the partnerships that are possible between beauty businesses and social media influencers.  There were plenty of celebrities, “exclusives” and photo-ready backdrops on hand for influencers’ selfies and videos.  There were a number of forward-thinking panels on social media topics, including using beauty-oriented social media platforms to deliver positive self-esteem and diversity messages.  Beautycon demonstrated that connecting brands with social media influencers is rapidly becoming vital to the success of emerging beauty businesses.

For businesses, working with social media influencers involves a host of practical and legal issues and considerations.  Areas of concern can include contracts, copyrights, trademarks, privacy, rights of publicity, false advertising claims, regulatory issues and even trade libel and defamation, among other issues.  With continually evolving social media platforms and issues, it is essential that cosmetics and personal care products companies fully consider the implications of both their social media activities and those of the influencers they seek to help them promote their brands.  CK&E attorneys are excited to participate in dynamic events like Beautycon to help their beauty industry clients meet their needs in the shifting landscape of social media.  (And as the photos show, it doesn’t hurt to partake in a little of the fun, either.)

Print Friendly, PDF & Email
0

The Conkle Firm Attends Cosmoprof North America’s Exhibition in Las Vegas

Posted by:

On July 9, 2017, the attorneys of Conkle, Kremer & Engel attended Cosmoprof North America’s annual exhibition in Las Vegas, both to assist clients and to observe first-hand the latest trends in the beauty and personal care industry.  Tens of thousands of professionals attended the three-day exhibition, which featured over 1,150 exhibitors from 38 countries. CK&E attorneys attend to connect with clients and others in the cosmetics, personal care, packaging, labeling and professional beauty markets, to help clients secure distribution agreements, and to learn about the newest industry innovations.

This year, brands dedicated to “green” products were showcased as consumers continue to be interested in eco-friendly beauty and technology.  Skincare brands also made a strong showing as consumers have been increasingly interested in anti-aging and other preventative products and technologies.  Facial mask and dedicated ethnic products made a particularly strong showing this year.  Globalization of the beauty market is readily apparent – Euromonitor International has an excellent detailed analysis of recent international growth in the beauty and personal care industry on a global scale:  http://blog.euromonitor.com/2017/05/reimagining-growth-in-the-global-beauty-industry.html

CK&E’s attorneys pride themselves on effectively and efficiently assisting clients of all sizes with brand protection and growth and regulatory compliance, both domestically and internationally.  CK&E is an active member of the Professional Beauty Association, and other important industry trade organizations.

Print Friendly, PDF & Email
0

The Conkle Firm Wins Injunction Prohibiting Trade Dress Infringement by Zotos

Posted by:

In September 2016, Conkle, Kremer & Engel attorneys filed a case on behalf of Moroccanoil against Zotos International, Inc. for trademark infringement by its “Majestic Oil” products. Just four months later, CK&E obtained a Preliminary Injunction against Zotos’ competing products, and within days the case was over.

A Preliminary Injunction is a powerful litigation tool that can immediately stop a defendant from selling products during the litigation. Securing a Preliminary Injunction at the beginning of the case often brings a prompt settlement, as the defendant must decide whether to settle or to fight over the product packaging that it cannot sell.

Getting a Preliminary Injunction can be challenging because the plaintiff must show that it is likely to win the case, and that it will be irreparably harmed if the defendant’s products are allowed in the market while the case proceeds to trial. Recently, courts have made Preliminary Injunctions tougher to get by raising the standards for showing irreparable harm.

In Moroccanoil’s case, the Preliminary Injunction prohibited Zotos from selling its Majestic Oil products in packaging that was confusingly similar to Moroccanoil’s distinctive trade dress. Zotos is a subsidiary of Shiseido America.  Drawing on its knowledge of the beauty industry, CK&E’s presentation of irreparable harm to Moroccanoil’s reputation proved effective – the Court found that continued sales of Majestic Oil products would erode Moroccanoil’s premium position in the hair care market as a professional brand. The Court’s Order granting Moroccanoil’s Motion for Preliminary Injunction is available here, and is published at Moroccanoil, Inc. v. Zotos Int’l, Inc., 230 F. Supp. 3d 1161 (USDC C.D. Cal. 2017).

On the heels of the Preliminary Injunction, the parties settled the case with Zotos agreeing to pay a substantial portion of Moroccanoil’s attorneys’ fees and to drop the confusingly similar trade dress of the Majestic Oil products. In total, the case was fully resolved within 6 months of filing, and the only litigation activity was CK&E’s Motion for the Preliminary Injunction.

To learn more about the case, contact the CK&E attorneys who lead the team for Moroccanoil, Mark Kremer, Evan Pitchford and Zachary Page.

Print Friendly, PDF & Email
0

The Conkle Firm Visits ISSE

Posted by:

Attorneys from Conkle, Kremer & Engel were on hand as the Professional Beauty Association (PBA) hosted the International Salon and Spa Expo (ISSE) on January 28th-30th, 2017 at the Long Beach Convention and Entertainment Center.  Tens of thousands of industry professionals attended this year’s ISSE show, which featured booths and displays from hundreds of manufacturers and distributors.  CK&E attorneys were pleased to be able to assist clients and meet with professionals in the beauty industry.  CK&E attorneys particularly focus on helping beauty industry participants develop and grow their businesses, such as by expanding into overseas markets or negotiating with distributors. CK&E attorneys are proud members of the PBA, which advances the professional beauty industry by providing members with education, charitable outreach, government advocacy, events and more.

CK&E Attorneys Zachary Page, Heather Laird, Desiree Ho and Mark Riedel at ISSE

Print Friendly, PDF & Email
0

Trade Secrets: Part 2 of CKE Article on Restraints of Trade

Posted by:

As described in earlier posts, Conkle, Kremer & Engel represents commissioned sales representatives (“reps”) and manufacturers or distributors (often termed “principals”) who contract with them.  Contracts drafted by manufacturers or distributors often include post-termination non-competition clauses, which can be tricky for both parties.  California generally disallows non-competition clauses as unlawful restraints of trade, but it is nonetheless possible to have effective trade secret agreements that can substantially restrict a former rep from working with competitors.  In addition, reps and principals often work across state lines and many states allow post-termination non-competition terms that are “reasonable” in scope.  Principals and reps must be conscious of which state’s law controls their agreement, and the state venue in which any dispute would be determined by a court or arbitrator.

CK&E attorney Eric S. Engel earlier contributed an article to the October 2016 edition of Agency Sales Magazine, published by the Manufacturers’ Agents National Association (MANA) to help reps and principals understand and grapple with the non-competition/restraint of trade issues that they face.  In November 2016, the second installment of this article, Trade Secret Protection in Rep Agreements, was published in Agency Sales Magazine to further explain the related issues of trade secret protection in the principal-rep relationship, and how trade secret concerns can limit the ability of a rep to compete with his or her principal during or after termination of the representation.

CK&E is proud to be able to assist reps and principals to negotiate the sometimes difficult legal issues that can help or hinder their effective partnership in serving their customers.

Print Friendly, PDF & Email
0

CKE Publishes on Restraints of Trade Affecting Manufacturers’ Sales Reps

Posted by:

Conkle, Kremer & Engel represents commissioned sales representatives (“reps”) and manufacturers or distributors (often termed “principals”) who contract with them.  Often, contracts drafted by manufacturers or distributors include post-termination non-competition clauses that can be problematic in several respects.  California generally disallows non-competition clauses as unlawful restraints of trade, but it is often possible to have effective trade secret agreements that can substantially restrict a former representatives from working with competitors.  Further, reps and principals often work across state lines, and many states allow post-termination non-competition terms that are “reasonable” in scope.  Principals and reps must be conscious of which state’s law controls their agreement, and the state venue in which any dispute would be determined by a court or arbitrator.  To help reps and principals understand issues that they face, CK&E attorney Eric S. Engel contributed an article to the October 2016 edition of Agency Sales Magazine, published by the Manufacturers’ Agents National Association (MANA).  The October 2016 article, Limiting the Risks of Restraint of Trade, is the first of two parts addressing the enforceability of restraints of trade in various states, and methods to assure that a favorable venue is available if a dispute arises. Next month’s article will focus on the intersection of restraints of trade and trade secret protection.

 

 

Print Friendly, PDF & Email
0

The Conkle Firm Advises BIMA Participants on IP and Regulatory Issues

Posted by:

Once again, Conkle, Kremer & Engel attorneys Mark Kremer and Kim Sim have been honored to participate in and contribute to the revolutionary Beauty Industry Market Access (BIMA) program, led by beauty industry guru Patty Schmucker of American Made Beauty.  BIMA is a multi-day intensive domestic and international trade and business education program taught by leading health and beauty industry experts. BIMA participants focus on key principles essential to expand their personal care products businesses both in the U.S. and overseas.

Mark contributes to the BIMA educational program by teaching modules on domestic and foreign intellectual property protection and international distribution agreements.   Participants are particularly advised about cost-effective methods of protecting their intellectual property internationally, such as international trademark registrations through the Madrid System, which can offer a centralized application process for trademark registration in over 90 countries based on a brand owner’s domestic application or registration.  Kim adds her expertise in domestic regulatory compliance, including Prop 65, California Organic Products Act (COPA), Safe Cosmetics Act, California Air Resources Board (CARB) regulations and survey requirements, and federal and state Made in the USA regulations.

BIMA is sponsored by Universal Companies, which has been in the beauty industry for over 18 years and is an important distributor of more than 300 brands in the spa, salon, esthetics and massage market, as well as their own proprietary brands.

In partnership with the California Trade Alliance (CTA), access to international trade shows are available to companies that participate in the BIMA programs. BIMA participants can exhibit in the popular California Pavilion regularly sponsored by CTA at Cosmoprof Bologna and Cosmoprof Hong Kong, among the world’s largest and most important beauty industry trade shows.

Print Friendly, PDF & Email
0

BIR Publishes the Conkle Firm’s Report of Cosmoprof Bologna

Posted by:

As a follow-up to participating in the 49th annual Cosmoprof Bologna, Conkle, Kremer & Engel attorney Eric S. Engel authored an article for Beauty Industry Reports reviewing the event and its impact.  The just-published article particularly focuses on California Trade Alliance’s California Pavilion and the two USA Pavilions.  CK&E was the sponsor of the exhibitors’ lounge in the California Pavilion again this  year, and it proved useful for the many meetings California Pavilion participants arranged with distributors and buyers, as participants maximized their potential by expanding international business opportunities.  CK&E is glad to be able to continue its support and work with beauty industry members to grow their businesses internationally as well as in the U.S.  We’ll see you next year, at the golden 50th annual Cosmoprof Bologna.

May 2016 Article in Beauty Industry Reports:  Cosmoprof Bologna Sets Records

 

Print Friendly, PDF & Email
0
Page 2 of 6 12345...»