MCoBeauty is pushing back against trade dress infringement, false advertising, and deceptive practices lawsuit brought by Sol de Janeiro, arguing that its alleged “dupes” fragrance mists are not infringing copies, but lawful competitors in an increasingly dupe-driven beauty market. In a newly-filed motion to dismiss, the Australian beauty brand contends that Sol de Janeiro’s lawsuit is a thinly veiled attempt to insulate itself from market competition rather than a legitimate claim under the Lanham Act.
The Background in Brief: Sol de Janeiro (“SDJ”) filed suit against MCoBeauty in November 2024, accusing the “luxe of less” brand of copying the packaging, color schemes, and branding of its Cheirosa body mist line. In an amended complaint in November 2025, SDJ alleges that MCoBeauty is engaging in a coordinated campaign of influencer marketing, curated consumer reviews, and comparative advertising designed to trade on its goodwill, mislead consumers, and violate trademark law and the FTC’s endorsement guidelines.
Setting the stage in the motion to dismiss that it lodged with the Southern District of New York on January 27, MCoBeauty positions its business model as openly drawing from trends popularized by higher-priced brands, arguing that this positioning is both transparent and legally above board. Beyond that, it maintains that “dupe culture” is a widely recognized phenomenon in beauty retail, “encouraged by social media influencers and viral posts,” and embraced by a...
MCoBeauty is pushing back against trade dress infringement, false advertising, and deceptive practices lawsuit brought by Sol de Janeiro, arguing that its alleged “dupes” fragrance mists are not i...