e.l.f wins “dupe” mascara lawsuit

In December 2024, a California federal judge ruled in favor of e.l.f. Cosmetics in a trademark and trade dress infringement lawsuit filed by Benefit Cosmetics. The dispute centered on e.l.f.’s “Lash ‘N Roll” mascara, which Benefit claimed mimicked its “Roller Lash” mascara and “Hook ‘N’ Roll” applicator brush. Despite e.l.f.’s acknowledgment of drawing inspiration from Benefit’s product, the court determined there was no likelihood of consumer confusion. This, considering that, while “Lash ‘N Roll” is a “dupe” of “Roller Lash,” it does not deceive consumers into believing they are purchasing the Benefit product. This ruling highlights that product similarities alone do not necessarily lead to findings of infringement without evidence of actual consumer confusion.