High Court Reverses Ruling in Cosmetics Case

The Supreme Court reversed a lower court ruling in favor of a cosmetics company that said a competitor was unfairly using the name of its tattooing ink.

The unanimous decision set aside a ruling by the U.S. 9th Circuit Court of Appeals for Lasting Impressions, which had sued KP Permanent Make-up Inc. alleging trademark infringement over ink used to give women permanent lipstick and eyebrow color. Both companies wanted to call their product “micro color.”

KP, which began using the name in 1980, contended that “micro color” is the known, descriptive term for permanent makeup.

But the appeals court ruled that KP had not met a burden of showing there was no likelihood of confusion by the public.