IP Law Daily, PATENT NEWS: Cosmetics retailer Sephora accused of infringing patent for self-tanning towelette, (Jun 27, 2016)

By Thomas Long, J.D.

The Australian owners of a U.S. patent for a self-tanning towelette product have filed an infringement suit against cosmetics retailer Sephora USA, Inc. According to plaintiffs Lori Braun and the Lori Braun Family Trust—which conduct business in the United States through a Las Vegas-based entity called Tantowel USA, LLC—Sephora’s private-label self-tanning towelette product practices at least three claims of the plaintiffs’ patent, covering the use of a composition with the active ingredient dihydroxyacetone. The complaint was filed in the federal district court in Las Vegas (Braun v. Sephora USA, Inc., June 24, 2016).

Lori Braun asserts ownership by assignment of U.S. Patent No. 5,972,360 ("the ’360 patent"), entitled "Self-Tanning Towelette." Claim 1 of the ’360 patent discloses a self-tanning product in the form of a towelette impregnated with a self-tanning composition. Claim 2 adds to claim 1 by specifying that the self-tanning composition contains an effective amount of dihydroxyacetone. Claim 6 adds to claim 2 by disclosing that the composition also contains a skin absorption agent, antioxidant, humectant, preservative, and/or fragrance.

The accused product is Sephora’s "Lingette Auto-Bronzante DHA Self-Tanning Wipe," which, the complaint states, consists of a towelette impregnated with a self-tanning composition containing dihydroxyacetone plus other ingredients. Braun alleges that Sephora purchases the accused product from a Spanish company, Dermofarm, S.A., which does not have a license from the plaintiffs to practice the ’360 patent. Despite being notified of its infringement, Sephora allegedly has continued to sell its accused self-tanning towelette.

The plaintiffs seek injunctive relief, compensatory damages, treble damages for willful infringement, and attorney fees and costs.

The case is No. 2:16-cv-01505.

Attorneys: David V. Wilson II (LeClairRyan, P.C.) for Lori Braun and Lori Braun Family Trust.

Companies: Lori Braun Family Trust; Sephora USA, Inc.

News: Patent NevadaNews