Music producer Marshmello

Marshmello filed a trademark infringement lawsuit against L’Oréal when it applied to register ‘The Marsh Mellow’ in the US

L’Oréal looks set to launch a make-up product called ‘The Marsh Mellow’ in the UK, despite its attempt to trademark the name in the US last year being hindered by a dispute with a famous music producer.

The cosmetics giant has applied to register the name as a trademark with the International Property Office under class 3, covering face make-up preparations.

However music producer Christopher Comstock – also known as ‘Marshmello’ – last year filed a trademark infringement lawsuit against L’Oréal when it applied to register ‘The Marsh Mellow’ in the US. As reported by EDM.com in October 2020, the opposition brief alleged that the producer intended “to sell health and beauty products, including make-up”.

Although the Marshmello trademark did not cover make-up preparations, Comstock had filed applications to register ‘The Mello Brand’, which could cover “a variety of Marshmello merchandise brands all spun off from his alias”, EDM.com reported.

In September 2020, the producer partnered with US chocolate-filled marshmallow brand Stuffed Puffs on a promotion that offered shoppers the chance to win their own autographed Marshmello helmet, for instance.

The Grocer has approached L’Oréal for comment.

L’Oréal isn’t the only fmcg giant to face a trademark dispute over recent months

In September, Mondelez threatened Primal Pantry owner Nurture Brands with legal action for using a similar colour to the trademark lilac of its Milka brand on packs.

In August, Oatly failed in its bid to sue Glebe Farm over claims its PureOaty brand had infringed its trademarks. Oatly’s case was dismissed after finding there was no likelihood of confusion between the two suppliers’ products.