Manny Mua Accuses Makeup Revolution of Plagiarism

An issue that has been given a lot of attention in the beauty industry recently is the question about the morality of “duping” popular products. “Dupe” is an abbreviation of duplicate and is ostensibly a product that is similar in quality or appearance to another, well known product. Usually, dupes are seen as a more affordable product that is an alternative to a high-end product. These dupes are not produced by the same company but are replicated by brands known for selling products at a lesser price point.

However, dupes can cause problems due to their similarity to well-known products. This has led to allegations of plagiarism and even legal action in some cases.

At the centre of this recent controversy, is popular Youtuber and social media influencer, Manuel Gutierrez known professionally as Manny Mua, who has spoken out against the brand Makeup Revolution for producing a dupe of one of his products from his brand Lunar Beauty. Lunar Beauty is known for its unique packaging component of its Moon Prism Highlighting Powder. The hexagonal shape, arguably, is in keeping with the branding of the company, known for its relation to space, and Makeup Revolution have produced a highlighter in a similar component. Gutierrez alleges that despite some differences in shade formulation, it is essentially a copy of his brand’s product.

Gutierrez on Sunday 15thMarch, via his YouTube channel, brought this issue to the public’s attention, expressing his frustration and disappointment at what he considers to be a blatant copyright issue. His arguments are centred on his allegation that the component for his highlighter is custom made and therefore, is unique to his brand.

Makeup Revolution responded to this allegation in a statement via social media, acknowledging the similarities but contending that a company representative had been shown this particular component at a trade show and were seemingly unaware of the similarities to the highlighter by Lunar Beauty. They argue that they were led to believe that this product component was a freely available design and was released as part of their glass collection in February 2020. On launch of this collection, Lunar Beauty’s legal team contacted Makeup Revolution but allegedly failed to respond to requests for trademark or copyright documentation in relation to this design or provide original designs and illustrations for the component. As a matter of courtesy, Makeup Revolution took steps to remove the product from sale and advised distributors to follow the same steps. 

Further in this statement, the company have stated that their intent was not to “crush the spirit of entrepenrualism” (sic) but to make beauty trends affordable for all. However, Makeup Revolution are very much a brand known for duping products. One of their products that has drawn similar criticism in the past was their ‘Light and Shade’ palette, released in 2014, known for its marked similarities to the Kat Von Dee Beauty ‘Shade and Light’ palette.

In his video, Gutierrez acknowledged that not only has he worked with Makeup Revolution in the past, and in theory at least, he is overall supportive of the concept of dupes but objects to what could be considered to be an exact copy.

While the duplication of higher priced brands in fashion and beauty is widespread, ethically this raises issues when after the time and resources spent developing and producing. A product, to have it copied it immoral. However, consumers at large do have the opportunity to purchase predicts at a more affordable price therefore gaining access to products of a similar quality. Concerns are that consumers may be confused as to the source of these products and this could lead to overall confusion.

The legality of this widespread practice is also questioned. Trademark law protects those aspects of a product that identify its source, recognising that consumers often rely upon product design and packaging to identify the source. Therefore, the product designs and product packaging can be protected under a concept known as trade dress which states that the packaging must be both non-functional and distinctive in order to be considered unique.

Turning to consider the products in question, undoubtedly, they share similar qualities; both are highlighters in hexagonal packaging. However, without proof that this is a unique design, exclusive to Lunar Beauty, it remains questionable whether copyright has been infringed. Many other brands also utilise similar components, notably Fenty Beauty, which also has highlighters in this similar hexagonal shape. It remains a difficult and contentious avenue of law to prove, however, brands like Charlotte Tilbury, who successfully sued supermarket chain Aldi over similar allegations show it is possible.

While it is no doubt a good thing that quality makeup brands are becoming available to all consumers, regardless of budget constraints, questions regarding ethics will continue to be raised. However, brands that produce high quality, unique products will always have consumers who will continue to purchase directly due to brand loyalty, which is why companies should continue to foster good relationships their consumer base.

References: 

Celletti, E., 2020. Makeup Revolution Pulls Products After Manny MUA's Accusations. [online] Teen Vogue. Available at: <https://www.teenvogue.com/story/makeup-revolution-manny-mua-lunar-beauty-packaging> [Accessed 15 March 2020].

Know, T., 2020. Trade Dress Infringement | Upcounsel 2020. [online] UpCounsel. Available at: <https://www.upcounsel.com/trade-dress-infringement> [Accessed 15 March 2020].

Life With Mrs T. 2020. ​Copycats; Is It Makeup Plagiarism?. [online] Available at: <https://lifewithmrst.com/2017/11/19/%E2%80%8Bcopycats-makeup-plagiarism/> [Accessed 31 March 2020].

Is it Worth It? What Makeup Purchases are Worth Spending On

Over the past 10 years, makeup quality has improved vastly. Not only are brands catering to a wider range of shades and tones, but prices have lowered considerably, with more affordable brands, such as Makeup Revolution, providing good quality products for considerably less than luxury brands. Being a makeup artist, I regularly use a variety of different products from a multitude of brands and very recently, when I was looking through my kit to see what needed to be replaced, I noticed that while I had started to save money with some products, there were certain things I would continue to pay a premium price for. As it’s a question I am often asked, here is a list of products, I believe you should either splurge on or save on:

1)   Skincare – Save

Skin care is one of the areas which has seen massive inroads in relation to affordability over the past few years. The brand, the Ordinary, quite literally, changed the beauty industry, by offering quality skincare at affordable prices. My general rule of thumb is, unless I’m using it regularly or it has to stay on my face all day, I don’t spend large amounts of money. Things like cleansers, I will by from the cheaper end, while I’ll spend more money on products such as moisturiser and SPF. 

2)   Foundation – Splurge

As with skincare, foundation is the base for which your makeup will sit on. Exceptions do exist, but I have never carried a cheaper foundation in my kit for this reason. I feel its one of the most important steps in your makeup routine and as such, it is really important that you pick the right foundation product. If you choose incorrectly, your makeup will not sit or look right. I find that with a cheaper foundation, you have to work harder with it to make it look as flattering as more expensive brands. Also, and while this changing, most high street brands have a limited amount of shade range. Therefore, it makes more sense for me to stock foundations in my kit from premium brands as I get much better results.

 Mascara – Save

When picking mascara it is not actually the product you should be concerned with, but the brush you will be using to apply it with. The bigger and thicker the brusher, the more definition you will see and vice versa. I have yet to find a mascara from a premium brand that works significantly better than one from a lower price point.

Lipstick – Save

Lipsticks are another product in the cosmetic industry that have come a long way in the most recent decade. As lipstick will need to be reapplied regardless of what brand you choose, I don’t really see much point in overspending on it.

Eye shadow – Splurge and Save

This is a tricky one as the concern with most eyeshadows is the amount of fall-out they create i.e the powder that falls underneath your eyes when you are applying eyeshadow. The more expensive an eye shadow, usually, the less likely the chance of this happening, however, this isn’t always the case. I do find that the more expensive the eye shadow, the better the pigment which means increased colour and longer lasting. However, when it comes to products like glitters and loose pigments, I have found no difference from premium brands to cheaper ones as they all perform relatively similarly. If pushed, I would suggest to anyone to spend the most money on neutrals which they would be using more often, then perhaps look at cheaper brands for things that are more of a trend to make the most from their money.

As makeup brands continue to cater for those with less of a budget, primarily because their target audience is the teenage market due to the influence of social media, more affordable options will continue to filter down to the mass market. This will hopefully lead to brands becoming more inclusive with their shade ranges and allow us to make better purchasing in the long run.

Kat Von D Announces Departure from Brand

Via an Instagram post on 16thJanuary 2020, Kat Von D, tattoo artist and cosmetics entrepreneur, confirmed that she has sold her makeup line to Kendo, a company whom she has partnered with since the inception of her namesake cosmetic brand 11 years ago. Going forward, presumably in a move to disassociate from its previous identity, the brand will now be called KvD Vegan Beauty (Kindness, Vegan Beauty and Discovery).

According to the statement, she has made the decision following what she describes as a “life-changing year” in which she became a first-time mother and sought to move into other directions by creating new brands, such as a vegan shoe line. 

Despite a detailed explanation for her departure, and assuring fans that the brand will still produce products with her ethos in mind, Von D has been at the centre of much controversy over the past few years which has led to many questioning whether at heart of this decision, this comes from Kendo itself no longer wishing to be associated with such a controversial figure.

From her falling out with fellow influencer, Jeffree Star, to her comments regarding vaccinations during her pregnancy, a lot of consumers have considered the moral aspects of continuing to support a brand with such a divisive figure head.

Already a presence in pop culture during the mid 200os, off the back of this success, Von D launched her brand featuring cruelty free products featuring designs drawn by herself, all of which attracted a fan base and positive reception on launch.

However, despite this explanation from Von D, that she was stepping away to concentrate on motherhood and different project, in an interview on the Second Life podcast she delved further into the evolution of Kat Von D Beauty and her reasons for leaving, citing that while “for a moment there, I felt like I did find my place in the industry... the older I get, I realise that I don’t know if I fit into it anymore.It’s a culture thing now, we have influencers that are just continuously telling you that you have to buy, and if you don’t, you’re not cool or, ‘hey, this is what ‘beauty’ looks like!’ you know... It kind of throws me back to how I felt when I was a kid. So, I feel like I stepped away from it a lot, partially on purpose.”

Von D ends saying that she achieved her goal of giving a voice to the outsiders and challenging beauty ideals and that now it is time to move on.

From this interview, one can conclude that Von D is blaming the evolution of influencer culture for her decision to move away from cosmetics and she is right that this area has evolved significantly due to the advent of social media. However, she further states that it is due to the lack of influencer attention which has led to her brand being overshadowed by its competitors.

Whether this is a fair assessment remains to be seen. Due to the previous positive reception to her products and with no issues regarding quality, any decrease in popularity could be because of her controversial and outspoken nature. Consumers are more engaged with brands than ever and when the owner of that brand is known to the public, this will undoubtedly attract criticism when an owner is involved in rows about topics such as racism, anti-Semitism and vaccinations. However, with the decision to distance herself from the brand and with the opportunity Kendo now have to rebrand, it not only can be speculated that this was not Von D decision entirely, but whether the brand will be able to move away from the negative attention it has received over the past few years.

Krause, A., 2020. Kat Von D Says She's Lost Her Place In The Beauty Industry Thanks To Influencers. [online] Insider. Available at: <https://www.insider.com/kat-von-d-beauty-influencers-2020-1> [Accessed 31 January 2020].

Preston, S., 2020. The Real Reason Kat Von D Stepped Down From Her Eponymous Makeup Brand. [online] Showbiz Cheat Sheet. Available at: <https://www.cheatsheet.com/entertainment/the-real-reason-kat-von-d-stepped-down-from-her-eponymous-makeup-brand.html/> [Accessed 31 January 2020].

China Ends Animal Testing Requirements

In news that will come to many as a relief, the Chinese government have recently announced their plans to end the requirement for animal testing on beauty and cosmetic products by 2020. 

This has been long awaited by the public and animal welfare activists who have been angry at the seeming barbaric requirement, which has long since been outlawed in other parts of the world.

Due to what is estimated to be a beauty industry worth £28 billion pounds, many brands, including Mac, Estee Lauder and L’Oréal, to name a few, have found the chance to be part of this market irresistible and as such, have chosen to sell products there, despite public protestations. 

This has come after years of anger from consumers who did not wish to purchase from brands associated with animal testing, a practice which has not been carried out in European countries in relation to cosmetics for many years. It should be noted, however, that only the products to be sold in china were ever tested on animals. None of the products sold in Europe or USA have been tested. Many have boycotted big name brands in order to show their disdain at brands choosing money over animal welfare.

Historically, the Chinese government has required all cosmetic brands to submit their products for animal testing if they want to sell them in China, despite how safe they may have otherwise been proven to be. However, after years of lobbying, the Institute for In Vitro Sciences (IIVS) has announced that the Chinese government has approved nine non-animal-based methods, with the new legislation coming into play in 2020.

Cosmetic brands like Mac have responded to these calls from their customers and have been working for many years to bring this change around. According to the release, the new regulations are set to become law by January 1st, 2020, and the new regulations will become the preferred way of testing for all cosmetics, after the IIVS assured Chinese authorities of the reliability and safety of in vitro methods.

Jeffree Star - Master Salesman

Jeffree Star – Master Salesman

Following the recent Shane Dawson docuseries which went behind the scenes of Jeffree Star Cosmetics and showed the journey of the Conspiracy Palette and collection launch, many noted that this served as a unique marketing tool. The collection, upon release, quite literally, broke the internet, causing the commerce platform Shopify to crash due to the unprecedented amount of traffic to sites. While a lot were successful at purchasing the collection, many fans were left disappointed as it sold out within an hour of release.

While Star’s products historically have performed well when launched, usually selling out, the amount of buzz around this collections release is something that has never been seen, not only for his brand but also for the cosmetics industry.

As mentioned, the six-part series was a follow up to Dawson’s previous docuseries on Star and was billed as a look into what went on behind the scenes in the industry. The series showed the complete manufacturing process of a cosmetics collection from initial ideas, formulation, packaging design, product launch and the aftermath.

The reception to this series was mostly positive, providing a never before seen and unique insight to the cosmetic manufacturing process. However, it also drew some criticism from both fans and sceptics, who considered the series to be something of an extended sales pitch of ‘infomercial’.

Star is arguably a great salesman. He has grown a multimillion-dollar business empire, capitalising on his success as a musician from the Myspace Era and has attracted a large number of fans via his YouTube channel. He is known for his frank and honest opinions on cosmetic released, using his motto ‘Jeffree Star Approved’ to endorse those products he likes and as such, his frank opinions have led to conflict with individuals and brands within the industry.

When reviewing previous product launch videos and the aforementioned docuseries, two distinct marketing techniques are often used by Star; bandwagon and snob appeal. Bandwagon appeal works on the promise to consumers that they are missing out by not purchasing this product and that everyone else will be buying it, while snob appeal works in the exact opposite way by appealing to consumers’ superiority insecurities and grandiose sense of self. Despite these two opposite appeals, Star manages to blend both of these tactics seamlessly in his marketing approach. 

For snob appeal examples, a tactic Star often uses is to continually bring to the viewers’ attention the high quality of his products, how everything from the packaging to the formulation is made from the best available materials. He even takes pains to point out to Dawson in the series, that because he refuses to compromise on quality, his profit margin is lower in comparison to other brands; which serves the dual purpose of driving home the superiority of his products compared to his competitors but also endearing him to consumers, as he cares more about customer satisfaction than making money. He uses indirect methods to compare his products more favourably to those of his competitors by making claims such as these.

Star often states that “everyone lives” for his products, using the bandwagon effect to show that if everyone else does, you will too. He often intermixes this with statements of how he has perfect formulas for his products, thereby intermixing both bandwagon and snob appeal.

Despite Star having a problematic personal life, his marketing strategies clearly work. With a net worth of $75 million and an ever-growing business empire, he shows no signs of slowing down. Regardless of any negative perceptions towards his as a person, his products re of a high standard and he is clearly heavily involved in all aspects of his cosmetics brand. It’s this personal approach that is rarely seen from other brands that is, at least in party, systemic to his success as a businessman and which will continue to help his company in any future endeavours.