The beauty industry has seen an explosion of “dupe culture” in recent years, as consumers seek lower-cost alternatives. While playful imitation is nothing new in the beauty space, Sol de Janeiro argues that MCoBeauty’s approach crosses a critical legal line by copying not only its scents and packaging, but also endorsing marketing that tells consumers the products “smell exactly like” the original.
Filed in the Southern District of New York, Sol de Janeiro’s updated complaint describes a calculated expansion into infringing territory. The original lawsuit targeted four of MCoBeauty’s fragrance mists; the new filing expands that list to eight, alleging that each MCoBeauty mist is marketed as a dupe of Sol de Janeiro’s scents. The company says this is no coincidence, but a coordinated effort to capitalize on its reputation and the social media love surrounding the Cheirosa line.
At the heart of Sol de Janeiro’s claims is its distinctive visual identity, which includes transparent bottles, vibrant color-coded labels tied to each scent, rounded caps in metallic or pearlescent finishes, and bold typography. According to the complaint, MCoBeauty’s products use each of these elements with only minimal variation. Sol de Janeiro believes that this is deliberate copying designed to confuse consumers.
The packaging isn’t the only problem Sol de Janeiro points to. The amended complaint highlights an escalating pattern of comparison-driven marketing, such as influencer videos calling the products “the best Sol de Janeiro dupes,” Instagram posts claiming they “smell exactly like” the originals, and customer reviews on MCoBeauty’s own site that also point to their products being dupes. Sol de Janeiro alleges that MCoBeauty not only failed to correct these comparisons, but they also liked, commented on, and curated them, effectively boosting the message.
What Can Businesses Learn From This?
Sol de Janeiro’s lawsuit highlights a growing challenge in industries where “dupes” thrive: the thin line between inspiration and infringement. As brands expand, repackage, or experiment with comparative marketing, they must carefully assess whether similarities could mislead consumers or encroach on a competitor’s identity.
This lawsuit is also a reminder of the importance of protecting every part of your brand. Securing legal protections for your iconic packaging, scents, slogans, and overall look and feel helps prevent imitators from riding on your success. Staying vigilant and acting quickly against copycats ensures competitors can’t build a business off the reputation and customer loyalty you’ve worked hard to earn.
Need guidance on how to protect your brand? Reach out to our BL Trademark Team by contacting Seth Berenzweig at sberenzweig@berenzweiglaw.com.