Hydrafacial successfully defended its trademarks in court and obtained a ruling against a beauty salon that had been reproducing them without permission. Insights and explanations from Sylvie Benoliel-Claux, lawyer at the Paris Bar.
Hydrafacial, a company incorporated under US law, manufactures and markets equipment for performing skin cleansing treatments using specific products. It is the owner of several “Hydrafacial” trademarks registered in classes 3, 10, and 44 to designate non-medicinal skin care preparations, cosmetic products, medical and cosmetic treatment services, and medical devices and instruments used for skin peeling, resurfacing, and nutrition procedures.
Alongside its French subsidiary, it is suing a beauty salon for trademark infringement and unfair and parasitic competition, accusing it of using the signs “Hydrafacial” and “Hydrofacial” without authorization on its website and Instagram account.
As the beauty salon did not defend itself, the decision was rendered in the form of a judgment deemed to be contradictory.
1. The Court upholds the infringement claims
➡️ The use of the signs “Hydrafacial” and “Hydrofacial” on communication media to promote the products and services marketed demonstrates that these terms are used in business.
➡️ The beauty salon uses these signs to designate services and related products in the field of facial care and skin treatments for cleansing, exfoliation, and moisturizing. However, the machines and skincare products covered by the Hydrafacial trademarks are necessary for performing a facial …
