MCoBeauty has made a name for itself in the beauty world by "duping" popular cosmetics and selling them in similar packaging.
Fast forward to 2016, and Ms Sullivan launched MCoBeauty, which has made a name for itself by openly pushing legal boundaries to duplicate trending, higher-end cosmetics, selling them at major retail outlets for a much lower price. "I'd say that's probably the main product that's gone, what I would say, close to the line when it comes to packaging," Ms Sullivan acknowledged.On occasions the company appears to have crossed the line. MCoBeauty was sued twice for trademark infringement in 2021 and ended up rebranding its own products as a result.
But it wasn't until April 2023, when MCoBeauty launched its divisive alternative to Charlotte Tilbury's product, that the brand caught the attention of the beauty world. "Every single comment was like, 'Who is their lawyer, how are they getting away with this?'," she recalled.The reason MCoBeauty was able to replicate the Charlotte Tilbury product so closely is thanks to its patent and trademarks lawyer Len Mancini."I've seen that packaging once or twice," Len Mancini laughed.
Mr Mancini said there was one particular asset that was different when comparing the products side-by-side, which MCoBeauty had to change in its product development process."There's no trademark infringement happening in this." Charlotte Tilbury has previously successfully sued the British arm of discount supermarket chain Aldi for copying its products, however the company declined to comment on MCoBeauty specifically when contacted by the ABC.
Specifically, Tarte alleged that MCoBeauty had copied its "Shape Tape" concealer packaging, which had a chevron pattern on the concealer lid. Both parties agreed to settle the case on confidential terms in September 2021, with MCoBeauty later replacing the chevron lid design with a pattern of its circular logo.Tarte, which has a major presence in the US market where MCoBeauty is now expanding, told the ABC that it will "continue to vigorously defend its rights to all Tarte trademarks and designs".