Etude House Sues Lazada for Selling Counterfeit Cosmetic Products
Lazada.com.ph still selling unauthorized ETUDE House products. See photos below:
UPDATE: OCTOBER 23, 2015 4:21PM
Although Lazada.com.ph have already removed all the FAKE Etude House cosmetics / products, the description of Etude House products are still on its website:
screenshot from Lazada.com.ph website
UPDATE: October 22, 2015
Have you encountered buying something you want to buy, but hesitating to shell-out cash because it's quite expensive, then suddenly you found a website that sells your favorite product that is in a crazily LOW price?
What comes in first on your mind?
Are you gonna call or hit the BUY button?
or are you going to wonder..
is this genuine?
That's what happen to the latest scandal of these two big names in shopping industry. Yesterday, Etude House sues Lazada, the leading e-commerce shopping site over selling counterfeit Etude House beauty products. The Korean cosmetic label have released their statement via their Facebook Page:
Here's the Lazada website with their counterfeit Etude House products, (screen grab as of today October 22, 2015)
A lot of Etude House fans and loyal users showed their concern about their legal action:
Rosa Fiore House Corporation, the legal distributor of Etude House in the Philippines had filed "criminal charges against the responsible corporate officers of Lazada.com.ph for violations of Sections 155, 168 and 169 of the Intellectual Property Code due to the selling and/or facilitating the sale of fake and/or counterfeit Etude House of Korea product before the Office of the City Prosecutor of Makati which had been docketed as NPS DOCKET NO. XV-05-INV-15G2846," it added.
SECTION 155. Remedies; Infringement. — Any person who shall, without the consent of the owner of the registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, That the infringement takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or services using the infringing material. (Sec. 22, R.A. No 166a)
SECTION 168. Unfair Competition, Rights, Regulation and Remedies. —
168.1. A person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether or not a registered mark is employed, has a property right in the goodwill of the said goods, business or services so identified, which will be protected in the same manner as other property rights.
168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result, shall be guilty of unfair competition, and shall be subject to an action therefor.
168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair competition:
a. Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, or in any other feature of their appearance, which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose;
b. Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the services of another who has identified such services in the mind of the public; or
c. Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature calculated to discredit the goods, business or services of another.
168.4. The remedies provided by Sections 156, 157 and 161 shall apply mutatis mutandis. (Sec. 29, R.A. No. 166a)
169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which:
a. Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or
b. In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable to a civil action for damages and injunction provided in Sections 156 and 157 of this Act by any person who believes that he or she is or is likely to be damaged by such act.
169.2. Any goods marked or labelled in contravention of the provisions of this Section shall not be imported into the Philippines or admitted entry at any customhouse of the Philippines. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized. (Sec. 30, R.A. No. 166a)
For those who haven't know yet, the only Philippine distributor of Etude House cosmetics in the Philippines is the Rosa Fiore House Corporation, with SEC Registration No. CS200917095, with registered business address at ACG Building, #5148 Filmore Street corner Zobel Roxas Avenue, Brgy. Palanan, Makati City, Philippines.
LAZADA.com.ph is an e-commerce site owned by the company LAZADA E-Services Philippines, Inc. with SEC Registration No. CS201203115, with registered business address at 3rd Floor Salustiana D. Ty Tower, 104 Paseo de Roxas, Makati City Philippines.
Etude House Philippines, Market Market branch
You can only buy genuine Etude House cosmetics ONLY in their various branches nationwide and thru their website at https://www.etudehouse.ph/ (Philippines) or thru their GLOBAL site at http://www.etudehouse.com/
We are waiting for the Lazada Philippines to share their side about this unfortunate issue.
But for now, learn from our advice, and don't patronage FAKES.