Ortho Pharmaceutical v. Cosprophar
This article was originally published in The Rose Sheet
Executive Summary
U.S. Court of Appeals for the Second Circuit upholds a lower court's dismissal of Ortho's complaint that Cosprophar's ads for its Anti-Age cosmetics line were misleading and damaging to Ortho's sales of the prescription drug Retin-A (transretinoic acid) ("The Rose Sheet" Aug. 16, 1993, p. 4). The appeals court rules that Ortho has not shown that its interests were damaged because the firm failed "to submit proof demonstrating that consumers view Cosprophar's products as a comparable substitute for Ortho's drugs." In addition, it affirms the lower court's finding that Ortho did not provide evidence showing that consumers were misled by Cosprophar's advertising. Cosprophar's Anti-Age line contains retinol, a cosmetic ingredient, which Cosprophar's ads said "belongs to the same family" as transretinoic acid and is similarly "effective in reducing wrinkles"
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Marketing In Brief
ModiFace launches forecasting tool: Toronto-based virtual makeover firm introduces ShadeCast, a makeup sampling and forecasting tool based on behavioral tracking. ShadeCast is used in conjunction with iPhone application MakeUp, which allows consumers to virtually try on makeup in hundreds of shades from brands including Revlon, Cover Girl, Lancome and Clinique. ShadeCast offers 1,000 cosmetic shades from 40 brands and assigns a ShadeScore "to approximately position the [app's] hottest and most sampled color." ModiFace exec Nikkie Gatto likens the app to radio music playlists, helping consumers "looking to capture the current look, but also provide vital market intelligence to our retail channel partners," she says in Nov. 3 release. "The value of data to demonstrate the aggregate behavior will help the industry predict the latest trends and help cosmetic manufacturers better understand the color and products which most resonate with online and iPhone virtual makeover users," the company says