A young Fife businesswoman has lost hundreds of pounds after legal action by the world’s largest cosmetics company, L’Oreal.
Lisa Chandler, from Dunfermline, is a make-up artist who has ambitions to produce her own range of beauty products.
The 22-year-old chose the name Elsie Cosmetics for her range of false eyelashes.
The name Elsie holds particular significance to Lisa. A take on her initials LC, it was the name used by her Fife Gymnastics coaches when she was a teenager.
Last year she applied to trademark the name.
But on the last day of a two month window for anyone to oppose the trademark, she received a devastating email.
Legal fight with L’Oreal not ‘worth it’
“It was a horrible day,” Lisa recalls.
“I got an email from the Intellectual Property Office that said someone had threatened to oppose the name.
“They hadn’t opposed it – but threatening to oppose it gave them an additional month.
“The name and address of the company opposing it was L’Oreal in Paris. It was terrifying.”
Lisa started to engage with the multi-billion-pound company’s lawyers from her bedroom.
The basis of L’Oreal’s concern was the similarity to its Essie brand, which produces nail products.
I don’t think anyone would ever be confused between a small business from Dunfermline and L’Oreal.”
The Fifer then faced a decision to take on L’Oreal in a trademark fight or change her name.
“I never intended to come out with nail products,” she said.
“I don’t think anyone would ever be confused between a small business from Dunfermline and L’Oreal.
“The logo was completely different.
“But it was becoming an awful strain – it was horrible.
“I spoke to my cousin who is a lawyer and she just said it sounds like an absolute nightmare going up against such a big company.
“It wasn’t ‘worth it’.
“I came to an agreement with their lawyer that I could use the name Elsie by Lisa instead.”
Counting costs of L’Oreal dispute
Unfortunately, Lisa had already invested hundreds of pounds on the Elsie Cosmetics name.
Costs included having the logo designed and boxes printed. The trademark application alone was £190.
The agreement also means she also can’t make lipstick under her brand, as Essie sells lipstick in some countries.
“I think a judge would have thrown the case out,” she said.
“But it wasn’t worth the risk because if I lost I’d have to pay all their fees and all my own fees.
“I do feel a bit bitter about it, but at least it all happened before I launched my products.”
Elsie by Lisa eyelashes went on sale earlier this month. One of the three styles has already sold out.
Lisa has shared the story of her trademark dispute with her thousands of followers on social media.
@elsiebylisa This seriously happened to me… big brands coming after a small business is scandalous #lawsuit #trademark #storytime #cancelled #billionaire
She is now looking to put the dispute behind her.
She said: “It’s a lesson learned to not do anything with trademarks until they have been completely approved and past the settling period.”
L’Oreal did not respond to a request to comment.
Trademark battles by Fife firms
In 2017 another Fife firm, the Naked Soap Company in Dalgety Bay, had its trademark application blocked by L’Oreal.
L’Oreal opposed on the basis it had a line of make-up palettes under the name ‘Naked’. The Fife firm dissolved in 2018.
But there is a happy story of Kingdom firms taking on global brands on names and winning.
10 years ago garage chain D&G Autocare applied to register its name – which was opposed by Dolce & Gabbana.
The Italian fashion house claimed people might confuse the two businesses – one known for its £735 handbags, the other for its £40 MOTs.
The Fife firm fought back, engaging lawyers who asked for proof of Dolce & Gabbana’s presence in the car industry.
Dolce & Gabbana eventually dropped its case.
