NEW YORK — Ringling Bros.Barnum & Bailey Combined Shows Inc. and Feld Entertainment Inc. filed a $5 million lawsuit against Sephora and its parent, LVMH Moët Hennessy Louis Vuitton SA, for trademark infringement.
According to court documents filed in Manhattan federal court on Nov. 28, Ringling Bros. alleged that Sephora’s holiday marketing materials infringe on its “The Greatest Show on Earth” slogan. Sephora has used the phrase “The Greatest Gift Show on Earth” on its Web site, in stores and in its catalogues, according to court documents.
“Sephora is a leading destination for holiday gift shopping,” a spokeswoman for Sephora said. “Our holiday theme, as always, speaks to our wealth of holiday gift choices. We don’t believe anyone would mistake us for a Ringling Bros. circus or think that we were affiliated with them. We look forward to addressing the complaint in front of a judge.”
Ringling Bros. said it sent Sephora a cease and desist letter early last month, but the beauty retailer did not respond by the requested date. The entertainment company alleged that when Sephora lawyers did respond, they said the company needed more time to investigate the allegations and would not immediately stop using the phrase.
The complaint includes allegations of federal and common law unfair competition, trademark dilution and trademark infringement. In addition to the $5 million, Ringling Bros. asked the court for preliminary and permanent injunctions against Sephora and LVMH, and for punitive damages of at least $5 million, plus statutory damages and the cost of the trial.