I came across this topic while perusing The Coarse Hair Diary. Seems in October 2008, the people over at Carol’s Daughter, who I adore, has filed a complaint again the makers of Carol’s Express, who I’ve never heard of, citing a possible case of… trademark infringement? According to this 2008 press release, it appears to be true:
Carol’s Daughter Prevails in Trademark Infringement Case
NEW YORK, Nov. 7 /PRNewswire/ — Carol’s Daughter, LLC, the widely popular beauty personal care line created by Lisa Price, commenced legal proceedings against Carol’s Express, distributed at CVS stores, for trademark infringement. After a hearing at the federal court in downtown Manhattan, the Court issued an order requiring Carol’s Express and CVS to stop selling and to direct their stores and distributors to pull Carol’s Express products off the shelves.
“Carol’s Express is trying to capitalize on the name, trademarks and brand that is Carol’s Daughter,” says Lori Haram, General Manager of Carol’s Daughter. “While imitation is said to be the highest form of flattery, in this case, it is not.”
The complaint filed by Carol’s Daughter alleged that Carol’s Express deliberately marketed inferior products under a “Carol’s Express” name and logo, which were confusingly similar to Carol’s Daughter‘s federally registered name and trademark. Carol’s Daughter also alleged that the Carol’s Express products had already confused customers and could cause a substantial number of customers to be further confused or mistaken into wrongly believing that the products found in CVS were associated with Carol’s Daughter.
Lisa Price, founder of Carol’s Daughter, commented, “We are relieved and take any threat to the integrity of our brand very seriously. The experience I provide my customers is built on years of authenticity, and can never be replicated.”
About Carol’s Daughter
Carol’s Daughter is a line of beauty products, including products for hair, skin, and hands, as well as fragrances created by Lisa Price and named after her mother Carol. Nature, family and love are words that resonate with Carol’s Daughter and each product carries a unique story that describes the familiar manner in which it was born.
Soon after, Carol’s Daughter opened its first boutique in Brooklyn’s Fort Greene neighborhood. In 2005, the company introduced new product packaging, an updated Website, celebrity investors and a highly anticipated Harlem flagship store in New York City. Even after approximately 15 years of success and expansion, Carol’s Daughter products are still made with love and by hand, all the while carrying a treasure trove of family secrets ready to be experienced by its valued consumers.
SOURCE Carol’s Daughter, LLC
PR source: http://news.prnewswire.com
This was followed up by a press released by Carol’s Express, ironically six months to the day of the CD press release:
Carol’s Express Fights Suits Filed by Carol’s Daughter
NEW YORK, May 7 /PRNewswire/ — Carol’s Express, LLC, the widely popular beauty personal care line under the leadership of Donyale Bush, COO continues to defend its position against Carol’s Daughter, distributed at Macy’s and Sephora, regarding trademark infringement.
In an electronic filing on October 17, 2008 at 4:23 PM EDT, attorneys for Carol’s Express cited “Plaintiff’s (Carol Daughter, LLC) prior counsel, Jones Day Law firm… advised on an investigation… and was not a request to cease and desist from the sale of (Carol’s Express) products in CVS.”
“It’s important that consumers know where Carol’s Daughter is really made, what the relevant facts are and that the whole home spun story is nothing more than marketing spin,” states Donyale Bush, COO of Carol’s Express, LLC. “While we welcome legal competition, intimidation and sour grapes of this nature is shameful.”
The defense against the complaint filed by Carol’s Daughter substantiates the high quality of Carol’s Express and ceXpress brands. Carol’s Daughter and the Carol’s Express brand were made in the same warehouses at the time the suit was filed. Neither brand was made in the kitchen as of the filing date of the suit.
Donyale Bush, founder of Carol’s Express, commented, “This is a desperate attempt to continue to exploit consumers for anywhere from $20-$45 per product, when we provide a high quality product in ceXpress at half the price. We provide the consumer with a nature-based product at a sexy value. We know this will make our customer base, which we know to be savvy customers scrutinizing ever dollar in this economy, happy.”
About Carol’s Express
Carol’s Express, makers of ceXpress, consists of beauty care products designed for the African-American woman, including products for hair, skin, and hands with a new line of fragrances coming this fall hand picked exclusively by the women of Carol’s Express. The revolutionary ceXpress Soy Straightening System helps consumers retain more of their natural hair texture. Respect, Culture, Crown, Value, Family and Love are words that resonate with ceXpress Products. More information on ceXpress can be found at www.ceXpressproducts.com
SOURCE Carol’s Express, LLC
story source: http://www.entrepreneur.com/PRNewswire/release/151912.html
And this press release was followed a month and one day later by another press release that you can read HERE via the Fox Business News Website, stating that Carol’s Express was in negotiations with a Carol’s Daughter affiliate concerning the matter.
Upon first reading I was sure of the legitimacy of this story, having Googled it and seeing it appear on several hair Blogs and forums. But a deeper investigation of the matter, I am less convinced. Due to the wording of the press releases, and this statement on MMDNewswire.com — where the press releases have been removed — by the purported affiliated said to be in negotiations with Carol’s Express:
From: Ethan G. Foster, Managing Partner, E.G. FOSTER GROUP, INC
In response to the press release titled, Carol’s Daughter Affiliate, E.G.Foster Group, In Negotiation with ceXpress:
1. E.G. FOSTER GROUP is not now and has not been in negotiation with ceXpress with respect to any matter.
2. E.G. Foster, nor any representative or employee of the E.G. FOSTER GROUP has ever had a conversation or communication in any media with Donyale Bush, of ceXpress
With product labeling that is questionably similar to the Carol’s Daughter brand and press releases that look and read like duplicated advertisements, sounds to me like the people at Carol’s Express, LLC are indulging in a bit of “clever marketing” spinning of their own. Especially considering none of my searches turned up any information on the issue via any legitimate news sources (PRNewswire.com is simply a press release blast site, nothing more, nothing less).
Anyone else hear anything about this? Anyone ever used any ceXpress products? Honestly, if the products are comparable, and priced significantly lower than CD‘s, not to mention available at my local CVS, I think they might be worth a try if I can find them.
More as this develops, and feel free to add your own buck fiddy!
Happy exploring!
Blessed Be,
