Trademark and Trade Dress Lawsuit Filed Over Nail Polish Bottle Design And Name

Los Angeles, CA – OPI Products sued Beauty Treats International Co. for trademark and trade dress infringement and unfair competition over its sale of nail care products. Plaintiff has registered its OPI word mark and its bottle design mark with the USPTO. Plaintiff alleges that it began using the word mark in 1981 and the subject bottle design mark in 1992. Plaintiff claims that Defendants adopted their “OBT” trademark and an identical bottle shape in an “attempt to confuse and decive consumers and nail technicians into believing that the Accused Products are OPI Products or are affiliated with or authorized by OPI. The case is OPI Products, Inc. v. Beauty Treats International Co., Inc., CV 09-05383 PSG (C.D. Cal. 2009).