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Southern Grace files federal lawsuit against Makeup Junkie over claims that Makeup Junkie owned a patent

08/27/2019
by Adeel Mitha

After repeated claims by Makeup Junkie Bags, LLC that Southern Grace Apparel, LLC’s product infringes alleged patent and trade dress rights of Makeup Junkie, Southern Grace filed suit on July 2, 2019 to seek a determination of whether Makeup Junkie even has any patent rights and a ruling that Southern Grace’s product do not infringe any of Makeup Junkie’s alleged rights. Southern Grace is also seeking damages from Makeup Junkie.

The lawsuit states:

Plaintiff Southern Grace Apparel, LLC (“Southern Grace”) files this Complaint against Defendant Makeup Junkie Bags, LLC (“Makeup Junkie” or “Defendant”) for false patent marking in violation of 35 U.S.C. § 292(a) and (b) and false advertising under 15 U.S.C. §1125(a) of the Lanham Act, as well as tortious interference with existing contract and business disparagement under Texas law. Southern Grace seeks actual, special, exemplary, and treble damages, injunctive relief, and its reasonable attorney’s fees and costs of suit from Makeup Junkie. In addition, Southern Grace seeks a declaration that its products do not infringe any patent or federal trademark or trade dress rights of Makeup Junkie.

Southern Grace intends to defend its rights vigorously in response to Makeup Junkie’s claims. Makeup Junkie’s current deadline to file an answer to the lawsuit is September 20, 2019. If you have received communications from Makeup Junkie regarding Southern Grace and you are willing to share those communications, please contact us.

You can read a copy of the Makeup Junkie lawsuit here: https://drive.google.com/file/d/1jAiKq1U_0hMzy-s1HII4WHg8PfMrI-JD/view