Retail giant Urban Outfitters has been hit with a lawsuit over the copyright infringement of the gender-neutral fragrance, Mx, from luxury perfume brand Eris. Launched in 2017, Mx is named after the gender-neutral title that is starting to replace Mr., Mrs. and Ms. According to the brand’s website, “The ‘X’ in Mx marks the freedom to be who you want to be, free from the constraints of gender..Mx. Blurs the boundaries between conventionally masculine and feminine perfume notes.”
In Autumn 2018 Urban Outfitters also launched a gender-neutral fragrance, called Mx - Skin. According to the lawsuit, not only does Eris claim that Urban Outfitters is infringing upon the trademarked Mx, Eris is claiming that the marketing language used around the fragrance by the high street retailer is also incredibly similar. As such it is citing unfair competition and false designation of origin and are hoping for a court order to discontinue the use of their intellectual property and provide monetary compensation.
This isn’t the first time we’ve witnessed a copycat dispute in the beauty industry. The cult beauty product Glow Tonic, from Pixi Beauty bared uncanny similarity to its Aldi dupe, Healthy Glow. They both contained 5% glycolic acid, however, this product never exactly replicated the original Glow Tonic, due to the incremental difference between aloe vera concentrations. Although exempt from legal action, Aldi’s product came under close inspection, questioning when imitation is taken too far.
While Urban Outfitters must be commended its promotion of gender-free beauty, copyright infringement of this kind cannot be tolerated.