Morphe: Infringing on Gabyrosmakeup trademark

Sunday, August 26, 2018

*Sigh* Here we go again. I feel like I'm becoming a drama blog covering the industry news that revolves around Morphe. I also feel like Morphe has taken a page out of the Kardashian's playbook - copy other companies, infringe on the copyrights and trademarks of other companies, quickly sell products using those violated copyrights and trademarks for millions, and settle out of court for a small undisclosed amount. This play may work for the Kardashians who have a combined net worth of over $1 billion but for a business like Morphe, maybe not so much.

On August 24, 2018, Jaclyn Hill posted on her YouTube channel a video showcasing the three new brush collections she's coming out with Morphe on August 28, 2018. These brushes are the same as the other Morphe brushes except white with her name stamped on the handles and her initials on the ferrule. One of the three collections is called The Face Master Collection.

You can watch the video at 7:45 where Jaclyn states the collection is called The Face Master Collection. Make sure your ad block is turned on.

Morphe took to Instagram to share this post.

On August 25, 2018, a woman named Gabriela Rosales (Instagram Gabyrosmakeup), owner of Gabyros Makeup, wrote on Morphe's Instagram page that she's been trying to get into contact with Morphe as they're infringing on her company's trademark for The Facemaster, a unique custom brush created by her company and used by celebrity makeup artists like Mario Dedivanovic (you know, Kim Kardashian's makeup artist), Tamanna Roashan (AKA dressyourface), and many others. Gabyros Makeup is based out of Miami, Florida while Jaclyn Hill current lives in Tampa, Florida.

Didn't Jaclyn recently "work with" Kim Kardashian? Does Morphe not do trademark searches first? I'm finding it hard to believe that Jaclyn and Morphe were not aware of The Facemaster brush. If you're attending The Makeup Show in Orlando check The Facemaster out.

It quickly brought this to my attention and after confirming they do indeed hold the registered trademark to The Facemaster I tagged Linda Tawil and Jaclyn Hill on the Morphe page in the thread of comments by Gabyrosmakeup.

Maria's husband, Jhersson Garcia Sanchez (Instagram jherssong) replied to me on an IG reply I made:

After settling their lawsuit against BECCA Cosmetics after BECCA issued them a cease and desist over the packaging design for the Morphe x Jaclyn Hill Vault palettes you think they would be tired of getting into so many legal dilemmas as they have been.

It was pointed out to me that Suzanne Somers, 1970s tv star, does hold a trademark for Facemaster. The difference between her Facemaster Facial Toning System is that her's is a tool that "electric massage apparatus used to massage and stretch facial muscles to reduce the appearance of wrinkles..." and it is not a makeup brush whereas Morphe's is a set of makeup brushes. This violates the Gabyrosmakeup trademark, under trademark infringement, due to a "confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks".

So Linda, Chris (Morphe), Jaclyn... do the right thing. We already know you're going to continue to sell that collection since you have so much money tied up in those collections but do the right thing and PAY Gabyrosmakeup the money you owe them for violating their trademark. Whatever the price is that you're paying to Jaclyn per unit sold that's the minimum amount you need to pay them BUT it doesn't matter if all the units sell - if you made 10,000, 50,000, 100,000 or 1 million units you need to pay them for each and every single brush you made and plan to sell. And for the love of all things beautiful! STOP STEALING IDEAS, DESIGNS, AND TRADEMARKS from other businesses!

Edit to add: The Face Master Collection will retail for $58. If Morphe made 50,000 units that's $2.9 million IF the entire collection sells out. If 100,000 units were made that's $5.8 million. Obviously, the more units made and sold the more millions they make. The problem with import records it only shows the number of crates or cartons that arrived not how many individual units. I do know from import records it appears they had a total of well over 10,000 cartons shipped to them but how many actual individual units of The Face Master Collection is merely a guess on my part.

Morphe, do the right thing! Pay Gaby and her husband the money they deserve by using their trademark! A minimum of 10% per unit MADE is only right (and that's LESS than what you pay Jaclyn on the affiliate code of 12%!) Pay them. It's only right!


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