Estée Lauder has filed a lawsuit against Walmart, accusing the retailer of selling counterfeit versions of its skincare and fragrance products on its website. The lawsuit, filed in federal court on Monday, alleges that third-party sellers on Walmart's online marketplace offered fake items bearing trademarks identical or confusingly similar to Estée Lauder brands including Aveda, Clinique, La Mer, Le Labo, and Tom Ford.
According to the complaint, Estée Lauder purchased several items from Walmart.com that appeared to be authentic but were later confirmed as counterfeit through testing. The company claims that Walmart's oversight of third-party sellers is insufficient, describing the alleged lack of scrutiny as “extreme, outrageous, fraudulent … despicable and harmful.” The lawsuit argues that a typical shopper on Walmart.com would reasonably believe Walmart itself was the seller, not a third party.
The filing includes an example of a fragrance called “Intense Peach” sold on Walmart's site, which Estée Lauder says mimics the packaging of Tom Ford's “Bitter Peach” with similar orange boxes, bottle shapes, and white labels with orange sans-serif fonts. Estée Lauder alleges that Walmart not only promoted such counterfeit products but also knew or should have known that its marketplace sellers were infringing on its trademarks.
Other allegedly counterfeit items include Aveda hairbrushes, Clinique skin creams, La Mer lotions, and fragrances from Le Labo and Tom Ford. Estée Lauder is seeking monetary damages and an order requiring Walmart to stop selling all products that infringe on its trademarks.
In response, Walmart stated: “We are aware of the complaint and have zero tolerance for counterfeit products. We will respond appropriately with the court when we are served.”
