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Estée Lauder tested products sold on Walmart's site. What it found led to a lawsuit
Fastcompany· 2026-02-12 22:02
Core Viewpoint - Estée Lauder has filed a lawsuit against Walmart for selling counterfeit beauty products on its website, claiming trademark infringement after testing products that were not made by its brands [1] Group 1: Lawsuit Details - The lawsuit was filed in California federal court and includes accusations of extreme and fraudulent business practices by Walmart [1] - Estée Lauder's legal team argues that Walmart's actions were harmful and deserving of exemplary and punitive damages to deter future misconduct [1] Group 2: Products Involved - Specific products mentioned in the lawsuit include a fragrance from Le Labo, La Mer moisturizer, Clinique eye cream, an Aveda hair brush, and several Tom Ford fragrances [1] - Walmart's website continues to list products that are claimed to be "identical, substantially indistinguishable, or confusingly similar" to Estée Lauder's trademarks [1] Group 3: Price Discrepancies - An example cited is a 1-ounce jar of Crème de la Mer moisturizer, which retails for $200 on La Mer's website but is available on Walmart's site for as low as $146.35, raising concerns about the authenticity of the product [1]
Estee Lauder sues Walmart alleging 'despicable' sale of counterfeit beauty products
CNBC· 2026-02-10 19:54
Core Viewpoint - Estee Lauder has filed a lawsuit against Walmart, alleging that the retailer sold counterfeit beauty products on its website and failed to ensure the authenticity of the merchandise offered to consumers [1][2]. Legal Allegations - Estee Lauder claims to have purchased and tested several products sold on Walmart.com that were found to be counterfeit, including items from brands like Le Labo, La Mer, Clinique, Aveda, and Tom Ford [2][3]. - The lawsuit highlights that Walmart's online marketplace allowed third-party sellers to offer counterfeit products, which were promoted using Estee Lauder's trademarks, leading to consumer confusion regarding the authenticity of the products [3][4]. Walmart's Marketplace Strategy - Walmart's online marketplace is a crucial part of its strategy to enhance profit growth and compete with Amazon, contributing to its recent achievement of a $1 trillion market cap [7]. - However, the strategy poses risks, as the sale of counterfeit products could lead to liability issues and damage customer trust in the Walmart brand [8]. Legislative Context - The Shop Safe Act, a bipartisan bill aimed at reducing counterfeit sales on online marketplaces, seeks to encourage platforms to better vet sellers and products, potentially shielding them from liability if they comply with anti-counterfeiting measures [9]. - Despite support from brands, the legislation has failed to pass multiple times, partly due to lobbying efforts from Walmart and other online marketplaces [10].