The global dispute between Sol de Janeiro and MCo Beauty highlights the growing legal risks surrounding “dupe” products and comparative marketing.
While the proceedings are overseas, the issues at the centre of the dispute, brand similarity, packaging design and marketing claims, are highly relevant under Australian trademark law and the Australian Consumer Law.
The dispute
In late 2024, Sol de Janeiro, an American beauty brand, commenced proceedings in the US District Court against Australian cosmetics company, MCo Beauty.
Sol de Janeiro alleges that MCo Beauty replicated the overall look and marketing of its popular ‘Cheirosa body mists’, including:
- Colour coded packaging
- Similar fonts and branding styles
- Promotional claims that the fragrance “smells exactly like” the originals.
According to Sol de Janeiro, these similarities create consumer confusion and infringe its brand rights.
MCo Beauty, which markets its products as “luxe for less” alternatives to premium brands, argues that the design features in question are common across the beauty industry and are not distinctive to one brand. MCo Beauty maintains that its products are clearly marketed as alternatives, not counterfeits.
Source: Mecca Beauty & Woolworths
Why it matters
Disputes like this highlight a critical point: IP risk is rarely about identical logos or brand names, often it is about the overall impression of a product.
Packaging, colour schemes, marketing language and even influencer or promotional claims can expose a business to allegations of trademark infringement, passing off or misleading and deceptive conduct under the Australian Consumer Law.
How we can help:
At Morgan + English, our intellectual property team advises businesses on protecting brands and managing IP risk in competitive markets.
We assist clients across the full lifecycle of IP protection, including:
- Trademarks
- Copyright
- Designs
- Patents
- Trade Secrets
- Commercialisation
- Enforcement
If your business is launching new products or competing with established brands, early IP advice can help protect your brand and avoid costly disputes.
Get in touch with Ersel (ersel@morganenglish.com.au) and the IP + Tech + Compliance Team at M+E today.
