May 03, 2024

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[THE INVESTOR] Korean cosmetics giant Amorepacific has lost a patent lawsuit against cosmetics equipment manufacturer Cosmax, according to industry sources on June 12.

The lawsuit was filed in October 2015, when six cosmetics makers including TonyMoly, Nature Republic and Cosmax filed a lawsuit against Amorepacific, arguing that the beauty giant’s patent for its web-patterned sponge cushion pact product -- which is a liquid foundation soaked in a compact -- is not valid. 

However, in 2016, Amorepacific filed a counter-lawsuit against Cosmax for infringing the controversial cushion pact patent. In the end, the court decided to rule the two cases together.

Amorepacific won the first trial but the court changed its decision when Cosmax appealed, saying the beauty giant does not have enough technological advancement to acquire such a patent. Amorepacific immediately appealed the court’s ruling but the Supreme Court rejected it on May 31, sources said.

“We accept the court’s decision and will try to protect the rest of our over 400 patents related to our cushion pact globally from now,” an Amorepacific spokesperson told The Investor.

The K-beauty giant first introduce the cushion pact in 2008 under its brand IOPE. The item became popular globally and cosmetics makers started to produce similar products. Cosmax currently produces cushion pact for many domestic and foreign brands including Missha, Lancome and Yves Saint Laurent.

By Song Seung-hyun (ssh@heraldcorp.com)