Paris Hilton does not think imitation is hot.
The self-described “international celebrity, actress, fashion designer, musician and socialite” filed a trademark infringement suit against a rival perfume maker she says is copying her own product line. Hilton launched her line of fragrances, cologne, body lotion, and bath gel in 2004 in conjunction with Parlux Fragrances.
But at a trade show this summer, Perfume Palace exhibited and sold a new line of men’s and women’s fragrances and cosmetics called “Paris Paris.” She alleges that the labeling and packaging of the Paris Paris line closely resembles Hilton’s product line and that the names are confusingly similar.
Hilton’s products feature a “unique trade dress” of cylindrical-shaped bottles in clear pink for women’s fragrance and clear blue for the men’s, with a vertical black wave design overlaid on the bottles. The “Paris Hilton” brand name is featured in black, lowercase, cursive font against a silver background.
Paris Paris fragrances and beauty products “are packaged and labeled in a style and manner intentionally and confusingly similar” to Hilton’s products, according to the complaint. The bottles are cylindrical in clear pink for women and clear blue for men, with a black wave design overlaid. The name “Paris Paris” is written in black, lowercase and cursive font against a silver background.
“An ordinary observer. . . would be deceived into thinking that the Paris Paris design was the same as Parlux’s design,” the complaint contends.
The suit seeks to enjoin the manufacturing, distribution, promotion, and sale of the defendant’s product line, the destruction of all allegedly infringing materials, and compensatory and punitive damages.
To read the complaint in Paris Hilton v. International Perfume Palace, click here.
Why it matters: The case shows that celebrities, like everyday consumer products companies, are vigilant about enforcing their trademark and trade dress rights.