THE NEWS THIS WEEK (continued) Page 2 L’Oreal’s Terre Saharienne mark for cosmetics – Mark published Sept. 21 for third-party review by the Patent & Trademark Office in its official weekly gazette ................................................................................................................. 14 Marketing In BriefNot Your Mother’s: “A new, fun, creative hair-care line made for the cool girls,” Not Your Mother’s launches withsix styling products offering salon-quality results at affordable prices, according to Sept. 15 release. Items includeAll Eyes On Me hairspray infused with lemongrass and orange flower, She’s A Tease volumizing hairsprayenriched with apple blossom and bamboo, Beat The Heat thermal shield spray featuring sunflower and vitamins Aand E, and Beach Babe texturizing spray with Dead Sea salt and sea kelp. A frizz-control cream made with coconutand silk extracts and a curl-defining cream containing grape seed and jasmine – Smooth Moves and Kinky Moves,respectively – round out the line. Not Your Mother’s products retail for $5.99 apiece in Walmart doors and morethan 100 college bookstores, as well as online at NYMbrands.com. Company’s goal is to establish a relationshipwith “sassy and savvy customers,” it says, noting that additional products are in development for early 2011 launch.Avon: Direct seller introduces new hybrid Pro Color & Gloss Lip Duo, the “first-ever lipstick with a built-in glosscore,” according to firm. A double-tipped wand allows user to twist one end for creamy color and squeeze the otherfor “luscious gloss.” To double the drama, consumers can “apply both for saturated color with high shine.” Productwill retail for $10 starting next month and will be available in 10 shades including Pink Bouquet, Hot Lips, Twigand Foxy Brown. Company also launches Sonic Boost vibrating mascara, which “gives you the perfect red-carpetlash look by getting between the lashes and close to the roots,” says Avon Global Creative Color Director JillianDempsey. A micro-vibrating brush simulates “the wiggling action makeup artists use for ultimate coverage anddefinition” and provides 8,000 micro-pulse vibrations per minute for up to six times fuller lashes, according to firm.Battery-operated mascara will be available in November for $16 through Avon representatives.E’shee Clinical Esthetic: Somerville, N.J.-based firm launches E’shee Cellular Repairing Night Cream for treatment of aging andphoto-damaged skin. Formula contains peptide human acidic fibroblast growth factor (FGF-1) and human identical tissueinhibitor (PEPHA-TIMP2), which “works to increase firmness, protect fibers and cell membranes and restore the dermaltissue,” according to Sept. 23 release. Firm says researchers have found fibroblast stimulation can slow the aging process bypromoting continued synthesis of collagen, elastin and hyaluronic acid. “This is where human fibroblast growth factors intopical application products can help,” says Nataly Giter, founder of E’shee. E’shee’s peptide-powered skin-care productsdeliver results by activating stem cells in the skin. In June, firm launched a six-ampoule set of products sold in spas and doctor’soffices featuring FGF-1. In a June 22 interview with “The Rose Sheet,” Giter acknowledged that “stem cells make some peoplenervous.” However, “the customer is more educated now. It is not about taking someone’s and applying them to yourself, it’sabout repairing [damage to] your own cells from aging and pollution” (“The Rose Sheet” June 28, 2010). “The Rose Sheet” Editor in Chief: Composition: Business Development: Chris Morrison – email@example.com Kristi O’Donnell Joshua Berlin Executive Editor Consumer Products: Corporate Sales: Marketing Director: FOUNDED 1939 www.therosesheet.com Christopher Walker Tom DePaul Mike Fergus www.ElsevierBI.com 240-221-4470 – firstname.lastname@example.org John Lucas VP of Corporate Services: Elsevier Business Intelligence Managing Editor: Commercial Sales Director: Scott Breed Editorial office: Ryan Nelson Ken May VP of Commercial: 5635 Fishers Lane, Suite 6000 240-221-4416 – email@example.com Deanna Flanick Rockville, MD 20852 Reporters: VP of Content: Phone: 240-221-4500 Lauren Nardella David Cassak Fax: 240-221-4400 240-221-4456 – firstname.lastname@example.org President: Customer Care: Suzanne Blecher Gerard J. Stoia 1-800-332-2181 or 1-908-547-2159 212-462-1923 – email@example.com Fax: 908-547-2165 E-mail: firstname.lastname@example.org“The Rose Sheet” (ISSN 1530-1222) is published weekly (except the week of Christmas) by Elsevier Business Intelligence, 685 Route 202/206, Bridgewater, NJ 08807. The annualsubscription rate is (1) $1,470 or (2) $770 for additional copies mailed in the same envelope with $1,470 subscription. Periodicals Postage paid at Rockville, MD and at additional mailingoffices. POSTMASTER: Send address changes to Elsevier Business Intelligence, Atten: “The Rose Sheet”, 685 Route 202/206, Bridgewater, NJ 08807. In Japan, Elsevier Science KK isthe exclusive subscription representative for “The Rose Sheet.” E-mail: email@example.com. URL: www.elsevierjapan.com. Telephone: 03-3589-6370. Fax: 03-3589-6371.
September 27, 2010 “The Rose Sheet” 3 Proposed California Regulation Could Require Product ReformulationBy possibly lengthening the list of chemicals California only set forth a list of chemicals of concern by Julydeems hazardous in consumer products, the newest 2012, but then will create a list of priority productsversion of a proposed regulation may have far-reaching – taking into account the use of chemicals ofimplications for the personal-care industry. concern and public exposure elements – to be finalized by December 2013. Each step along thePart of California’s Green Chemistry Initiative –signed way will allow for public comment.into law in 2008 by Gov. Arnold Schwarzenegger – theRegulation for Safer Consumer Products will Firms manufacturing or distributingidentify and prioritize chemicals of concern in Under the new version priority products will need to conductconsumer products and potentially require of the regulation, DTSC “science-based” alternatives assessmentsmanufacturers to reformulate products to can deny an exemption to evaluate toxicity and identify optionseliminate them. for making products safer. for chemicals used inThe previous draft of the regulation limited minute concentrations, After the assessments – which couldchemicals of concern to those already identified include extensive product testing and which provides “no analysis of end-of-life product impacts –as carcinogens or reproductive toxins under thestate’s Proposition 65, or “The Safe Drinking regulatory certainty for the state will have the authority toWater and Toxic Enforcement Act of 1986.” our people because it regulate, potentially outlawing products,However, the new iteration suggests including imposing chemical limits or requiring can be denied on a product redesign.chemicals that have been flagged by theEuropean Commission, the Environmental whim,” said CouncilProtection Agency or other authorities. “If you are one of the unfortunate attorney Thomas Myers. priority products that has to go“By expanding that [list], they’re actually through this alternatives analysis, it is clearly goingexpanding the universe of chemicals they are going to be fairly burdensome,” Epperson said in a Sept.to be regulating,” according to Thomas Myers, 22 interview with “The Rose Sheet.”associate general counsel for the Personal Care However, “if you’re a consumer product companyProducts Council. and your product doesn’t have one of these priority chemicals, then you’re going to escape much of theThe new proposal, released Sept. 14, reflects impact,” the attorney said.stakeholder feedback collected by California’sDepartment of Toxic Substances Control on an To decide which products are priority products, DTSCearlier version of the regulation. plans to start on products that affect “vulnerable populations,” such as children, the elderly and expectantThe public now has until Nov. 1 to submit mothers, Maziar Movassaghi, DTSC acting director, toldcomments on the new version. The final regulation “The Rose Sheet” Sept. 16.is slated to go into effect Jan. 1, 2011. “There are a huge number of consumer products outWhile certain product areas such as drugs, devices, here that nobody’s really looking at to make surefood and pesticides are excluded from the that they’re safe,” he said. “We have much to do inregulation, it “generally affects anybody who an area where there are a lot of products that aremakes, distributes or sells a consumer product in untouched and unregulated.”California,” according to John Epperson, anattorney who handles environmental and product Movassaghi emphasized that the Regulation forlaw for Farella Braun & Martel in San Francisco. Safer Consumer Products will not conflict with other state or federal regulations.Deadlines Set For Chemical & Product Lists Industry, Activist Groups At OddsA number of other changes have been introducedfrom one draft to the next, including the setting of Council lawyer Myers maintains that personal-caredeadlines. Under the newest version, DTSC will not products are some of the safest consumer products Unauthorized photocopying is prohibited by law. See page one.
4 “The Rose Sheet” September 27, 2010on the market, but they could be among the priority be a lot better,” said Bill Allayaud, director ofproducts DTSC chooses to review, he suggested. government affairs for California.“I think that companies are going to have to start to “Here we still see the real possibility that with a lotcreate within their own companies a framework for of consumer products we still won’t know what’s indealing with [the regulation],” he said, noting the them because of the presumed claim of a trade“exhaustive” data collection that could be required secret,” he said in a Sept. 22 interview with “Thefor an alternatives assessment. “Companies would Rose Sheet.”do well to start to compile a lot of this informationon their products and the chemicals they’re using.” “We know and they know that there’s so much more now known by your competitor about your productHe indicated that industry was pleased with some of through reverse engineering that very little is secretthe changes made from the draft proposal, such as anymore,” Allayaud asserted.the clarification of deadlines and the promisedopportunity for comment at each stage, while other He added that there are too many exemptions in thechanges are not as well-received. proposed regulation “and the timeframes are too long still to help us get safer products before consumers.”The draft regulation had indicated an exemption forchemicals making up 0.1 percent or less of a consumer Even with the deadlines, industry could still “slowproduct by weight, which would have excused many the process down,” he suggested.personal-care products from the regulation. Program Funding In QuestionThe latest version states that DTSC can deny theexemption as it sees fit. When all is said and done, cash-strapped California may not have the resources to undertake the“This actually erodes the utility of the [exemption] by envisioned program. “If they’re not given theallowing DTSC to deny or rescind it for a whole host of resources to adequately staff the program, they’rereasons,” Myers said. “There’s no regulatory certainty for not going to start off with an overly aggressive listour people because it can be denied on a whim.” of products,” Epperson said.Meanwhile, the draft regulation has not been Costs to fund the program could potentially fall toimproved with respect to trade secrets – which are manufacturers, according to Myers.“still at risk,” according to Myers. EWG’s Allayaud says it may be worth passingMovassaghi is of a different opinion. Thanks to on a piece of the cost to consumers. “Our take on itfeedback from industry, he said, the proposed is: Would consumers be upset if it cost a penny orregulation has been revised to better protect two more for a bottle of shampoo or lotion if theyconfidential business information. were sure they were getting safer products? ... I don’t think so,” he said. “We’re not talking about“We want businesses to innovate and identify safer major increases here to fund a program. ... We thinksolutions to known problems,” he said. “That means it’s critical that funding be established soon andthat we have to respect the proprietary information. if need be on products to have a program that’sInformation to us is submitted in redacted and non- workable.”redacted versions, and we only make the redactedversion publicly available.” According to Movassaghi, discussions are ongoing to determine a long-term funding structure for theActivist group the Environmental Working Group regulation.believes the current version of the proposed regulation issuperior to earlier drafts. “But we’re still hoping this can – Lauren Nardella (firstname.lastname@example.org) Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 5Industry Council, Safe Cosmetics Group To Push Separate Legislation In 2011With consensus that the game-changing Safe The trade association has introduced its ownCosmetics Act of 2010 will not move forward this proposal to modernize FDA’s oversight of theyear, industry stakeholders are readying for the next industry. Its plan would make mandatory somelegislative session. elements of FDA’s Voluntary Cosmetics Registration Program, establish GoodActivist group the Campaign for Safe Cosmetics is Manufacturing Practices for industry and enlargecontinuing its efforts behind the bill, which would FDA’s role in evaluating the safety of cosmeticdramatically increase cosmetics regulation in the ingredients (“The Rose Sheet” July 19, 2010).U.S., while trade association the Personal CareProducts Council is meeting with legislators to The Council is moving forward with its proposalchampion its own vision for the industry. and looks for related legislation to be introduced in 2011, according to John Hurson, the Council’sIntroduced July 20 by Rep. Jan Schakowsky, D-Ill., executive vice president of government affairs.The Safe Cosmetics Act (HR 5786) would requiremanufacturers to register their operations, supply “We’re going to have to wait and see what happensFDA with a wealth of safety data and offer full in the November elections before we make any firmingredient disclosure on product labeling (“The requests for introduction,” with the makeup of theRose Sheet” July 26, 2010). next Congress yet undetermined, he told “The RoseThe bill has been referred to the Committee on Sheet” Sept. 22.Energy and Commerce and the Committee on “I think that as we get closer to the convening of theEducation and Labor. next Congress in January, we’ll become moreIt is not likely to move out of committee this year because focused on exactly which members we will beof the limited time remaining in the Congressional session hopefully working with to get our legislationand the upcoming November elections. enacted,” Hurson said.Stacy Malkan, spokeswoman for the Campaign for In the meantime, the Council has been working withSafe Cosmetics, called the bill “a huge endeavor” leadership from both parties “to get the positionsthat has “generated a lot of interest and passion.” that the Council has in legislative language into a moving vehicle,” the exec said.“I think it’s certainly gotten a lot of attention andit’s really the first serious attempt in many decades Hurson acknowledged that the vehicle may not beto seriously overhaul the cosmetics regulations, so its own bill. “We will probably be part of some sortit’s understandable it would be generating such of larger FDA bill” – he cited the FDAinterest,” she told “The Rose Sheet” Sept. 21. Globalization Act of 2009, introduced by Rep. John Dingell, D-Mich., as an example of that type – “butAccording to Malkan, the Campaign wants to ensure that we are working with committee leadership in boththe bill is “both meaningful to protect public health and parties to really try to make sure that when an FDAalso workable for small businesses.” She expects the Safe bill moves next year, we’re able to be part of that.”Cosmetics Act to be one of the first items taken up in the th112 Congress. The Council recently launched an advocacy website at CouncilPolicyCenter.org, which provides detailIn July, the Campaign released a viral video to drum on its policy work. The site gives members and theup public support for the legislation. “The Story of public the opportunity to learn about the Council’sCosmetics” has been viewed more than 350,000 positions on cosmetics legislation and refers visitorstimes (“The Rose Sheet” July 19, 2010). to forms that can be used for contacting their stateThe Personal Care Products Council has condemned legislators or other Congressional members.the “shockumentary” in a statement and features a Furthermore, the Council is working with other“science-based” rebuttal video on its website. trade associations including the Direct SellersCouncil Forges Ahead With Its Plan Association and the Professional Beauty Association “to get them interested in pursuing thisThe Council has been critical of the Safe Cosmetics legislation,” Hurson said.Act as well, maintaining that it would overextendFDA and put an undue burden on industry. – Lauren Nardella (email@example.com) Unauthorized photocopying is prohibited by law. See page one.
6 “The Rose Sheet” September 27, 2010 Firms Facing REACH Deadline Seek Leniency In Cases Of Supplier NegligenceWith the Nov. 30 REACH deadline looming, safety sheets and the word of their suppliers that thecosmetic companies are urging the European material they sell is in compliance.Commission to spare downstream users from “Sometimes you just don’t know if your substance issanctions when a supplier fails to comply with registered or not, and you will be penalized even if youEurope’s chemicals law. have written thousands of letters to suppliers“If suppliers have not done their job in ensuring beforehand,” Hilgers said.compliance of substances, and the agency discovers it, P&G, along with the Coalition of Downstreamthey should give downstream users time” to act Users, recently sent three letters to the Europeanaccordingly before levying sanctions on those firms, said Commission urging it to find a solution to the issueProcter & Gamble’s Genevieve Hilgers. of supplier transparency.During a Sept. 23 interview with “The Among other requests, the group askedRose Sheet,” Hilgers discussed the most “Sometimes you just the EC to provide conditions underpressing issues firms are facing in don’t know if your which an unregistered substance mayanticipation of the Nov. 30 deadline set substance is registered or still be used by downstreamers in casesby the EU’s Registration, Evaluation, where it can be demonstrated thatAuthorisation & Restriction of not, and you will be attempts to obtain data from suppliersChemicals law. penalized even if you were unsuccessful.With 30 manufacturing sites in the EU have written thousands of Sanctions Too Harsh?producing 200 consumer branded products, letters to suppliers Exacerbating the sense of urgency is theCincinnati, Ohio-based P&G has from thebeginning vowed to become a key player in beforehand,” said P&G’s “complexity” of the registration process REACH team leader and the heavy fines that can be exacteddefining the role of downstream users under from companies that do not comply withREACH, in addition to registering Genevieve Hilgers. REACH provisions, Hilgers said.substances the firm brings into the EU itself. She noted that, on paper, the law covers more thanHilgers, who serves as P&G’s REACH team leader, 10,000 pages. “Typically, the more complex asays the company is preparing to submit dossiers for regulation is to follow, the more time companies areabout 30 substances by the end of November. given to adapt to everything, to have all their toolsUnder the chemicals law, manufacturers and ready,” she said. However, the guidance hasimporters of chemicals in volumes of 1 ton or more changed so much so close to deadline dates that “itper year were required to pre-register their is extremely challenging to adapt to it.”substance with the European Chemicals Agency by Hilgers also questions what she sees as excessivelate 2008. Firms now must register their substances sanctions for companies that miss deadlines. “Theseon a rolling schedule based largely on tonnage. The are huge sanctions which arrive immediately” afterNov. 30 deadline pertains to companies working failing to meet a deadline or violating the law inwith substances in volumes of more than 1,000 tons some other way, she said.or those with known hazardous properties. Otherdeadlines are slated for 2013 and 2018. European Member States impose various penalties for non-compliance, whether in the form ofCosmetics firms and other downstream users must administrative fines or criminal sanctions, withensure that their suppliers have fulfilled pre- levels highest in the U.K., Belgium, Ireland, Polandregistration obligations and that they register by the and Portugal.deadline applicable to them. In Belgium, for example, once a violation of REACH isHilgers noted that a major problem for companies in identified, authorities can issue a warning letter withinthe process is the fact that suppliers are not legally 30 days to the parties involved. In certain cases, companiesbound to provide their pre-registration numbers – might get no warning and instead find themselves facingwhich can indicate compliance – downstream. So an administrative fine, which ranges in Belgium fromcompanies purchasing those substances have only around €142 for minor violations to up to €2.75 million for Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 7serious violations, or criminal sanctions, which take the are not fully aware of their obligations underform of fines and/or incarceration. Entities who knowingly REACH. Some suppliers failed to pre-registerjeopardize human health or safety can be incarcerated for “because they thought that the substance was noteight years, according to a report submitted in March to the subject because of volume or they did not think itEC by consulting firm Milieu LTD. fell under the requirements” of REACH, according to Garcia Molyneux.“Knowing the complexity of the guidance and theway it changes even within a couple of days before However, he maintains that cosmetic companies area deadline makes the sanctions for me not helpless or without options, even two monthsunacceptable,” Hilgers said. out from the deadline. “The good news here is thatChallenges Of Collaboration there may be ways around it. There are ways to fix it and benefit from the phase-in deadline,” he said.Hilgers suggested that Substance InformationExchange Forums (SIEFs) – groups of companies Downstream users who have not yet drawn up aworking together to avoid duplicating registration contract with suppliers should do so now, he said.efforts and costs for the same substances – will in The contract should direct suppliers to “comply withthe long run help to streamline the REACH process. all REACH requirements” and have them pledge to never sell a non-compliant substance. If suppliersHowever, data sharing creates its own set of cannot give assurance that they will register theirchallenges. “Sometimes what they are asking us to substance by Nov. 30, they should submit in writingdo with competition is share tons of information “an explanation as to why they don’t have to registerthat is confidential, and that is one reason we have by that deadline,” Garcia Molyneux said.to involve a ton of lawyers” in the process, she said.Hilgers says that P&G has protected its intellectual Firms should be clear with suppliers that if thoseproperty by creating consortia with other companies terms cannot be met, they will seek new sources forwithin its SIEFs to collect, evaluate and share data the material.according to their particular needs. “We have good Regarding sanctions, Garcia Molyneux noted thatcontracts, we do not work with a massive amount of there are discussions taking place between thepeople, and the people we work with have good Commission, industry and member States, andtechnical knowledge,” she said. “though it is not clear yet, I do think the authoritiesHowever, according to Hilgers, data sharing in the will decide to be lenient” in certain cases, he said.forums will become messier when companies come up He suggested that authorities may give leeway inagainst the 2013 and 2018 registration deadlines, as those cases where a firm purchases material from adeadlines will require dossiers for substances used in supplier prior to a deadline, only to have thesmaller tonnage levels per year and will bring entities supplier fail to submit its dossier in time.into SIEFs with less technical knowledge. As for meeting deadlines, the attorney advises firms thatWhile the REACH process is at times a “painful it is better to submit an incomplete “but not inaccurate”exercise,” Hilgers believes in its long-term payoff. dossier than to not submit any dossier at all.“We fully support the objectives of REACH,” shesaid. “And all this data generated, all the Garcia Molyneux noted that compliance with themethodologies, could have benefits that work first registration deadline is one step in a largerthroughout the world.” process, and firms should keep their eye on the bigger picture and be mindful of the informationAttorney Urges Last-Minute Due Diligence they supply in their dossiers. “For key ingredients,The Brussels office of international law firm companies should think about what is going toCovington & Burling LLP, which counsels cosmetic happen next, how that registration could triggerfirms on REACH compliance, offered its other requirements and how this could impactperspective on manufacturer anxieties with the first other” types of regulations pertaining to cosmeticsREACH registration deadline rapidly approaching. and detergents. “Because of the stakes involved in the long run, companies need to participate in theCounsel Candido Garcia Molyneux agreed with process as much as possible,” he said.Hilgers that supplier transparency is an issue formany downstream users. Moreover, many suppliers – Eileen Francis Unauthorized photocopying is prohibited by law. See page one.
8 “The Rose Sheet” September 27, 2010 People In BriefL’Oreal strategic marketing: Firm appoints Marc Menesguen head of L’Oreal’s newly created Strategic Marketing department,“a result of the decision to anticipate worldwide evolutions in order to steer the group towards essential transformations in theareas of strategic watch, consumer understanding, marketing creativity, advertising creation, digital communication anddistribution methods,” according to Sept. 21 release. He joined L’Oreal in 1985 and served in management positions overseeingL’Oreal Paris in the U.K. and France, Lancome and L’Oreal Japan before being named managing director of firm’s LuxuryProducts division in 2004, where he was integral in the post-acquisition integration of Yves Saint Laurent, among otheraccomplishments. Effective Jan. 1, 2011, Nicolas Hieronimus – credited with “creating the international L’Oreal Paris brandwhich he managed for nearly five years” – will replace Menesguen as managing director of luxury products, vacating his spot asmanaging director of professional products, which will be filled by An Verhulst-Santos. Verhulst-Santos is “a professionalproducts expert,” having spent her whole L’Oreal career in the sector in management roles across Europe, in Brazil and in theU.S., company notes.Promotions at Estee Lauder, Clinique: The Estee Lauder Companies promotes Daniel M. Annese to oversee its Estee Lauderbrand’s six geographic regions and global education function in the newly created position of senior vice president, globalgeneral manager, market development. Annese – who joined the firm in 1994 – guided the brand’s international businessthrough “five years of uninterrupted growth,” Global Brand President Jane Hertzmark Hudis says in Sept. 22 release.Simultaneously, Estee Lauder names Charisse Ford senior vice president, global marketing, in charge of Estee Lauderprograms for skin care, fragrance and makeup. Ford led launch of Advanced Night Repair Synchronized Recovery Complex,“the biggest launch in the brand’s and the company’s history” and served in various marketing positions at Avon, Sara Lee andKraft Foods before joining Estee Lauder in 2005. At Clinique, Ricardo Quintero has been tapped to head worldwide marketdevelopment. Quintero – who previously oversaw Clinique’s business outside of America and held posts in firm’s Korea andMexico offices – has “delivered strong growth and market share gains,” says Lynne Greene, global president of Clinique,Origins and Ojon.Symrise cosmetic innovation: Gabriele Vielhaber will oversee the Cosmetic Ingredients & Innovation department in Pariswithin Symrise’s Life Essentials division, which was formerly designated as its “Cosmetics” business. Holzminden, Germany-based firm touts Vielhaber’s “extensive background in the field of cosmetic raw materials as well as solid knowledge of theinternational cosmetics market.” Previously, she was head of company’s Global Innovation program in its Scent & Caresegment, which includes Fragrances, Aroma Molecules and Mint in addition to Life Essentials. Vielhaber “made majorcontributions to expanding the research program at Life Essentials and played an indispensable role in launching the innovationstrategy of the Scent & Care division in 2008,” says Sept. 16 release. Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 9 Webby Awards Open: Will Male Grooming Sites Continue To Dominate?Entries are being accepted for the Webby Awards’ TheFixers.com takes the guise of a talk show,best beauty/cosmetics website, which in four of the schooling guys, for example, on the importancelast five years has gone to a male grooming brand, of being alert in the morning for the chanceand more often than not one of Unilever’s. encounter with a desirable woman. Axe shower gels – in Rise, Shock, Snakepeel and Fever variations –Established in 1996 by a group of Internet are recommended.aficionados from The Web magazine that wouldevolve into the International Academy of the Digital The show’s host, “The Fixer” – who has “been around aArts and Sciences, the Webby Awards is now touted bit, and knows what’s what” – tackles such importantas “the leading international award [program] issues as “questionable hookups” and “Latin party spirit”honoring excellence on the Internet.” while running visitors through various pranks that can be played on friends who need their “game” thFor its 14 Annual Webby Awards, Discussing Unilever’s fixed. Scantily clad females are never farcelebrated in June, IADAS received Axe ads, Davies noted out of frame.nearly 10,000 entries from more than60 countries and all 50 states and gave that young men Unilever/Axe is no stranger to the Webbyout more than 100 awards across represent “a growing Awards. The prurient men’s brand won aindustries in four categories – Website, Webby last year for its “100 Girls” site, audience and a hard- which allowed users to upload a photo ofInteractive Advertising, Online Film &Video and Mobile. to-reach audience, their hair and be judged – seemingly live – and it requires a lot by a roomful of women as part of its Hair Crisis Relief Campaign (“The Rose Sheet”Among beauty/cosmetics website entries, of creativity because March 23, 2009).five nominees were selected by executiveacademy members – “visionaries, it’s a very cynical For the 2007 awards, Axe wasevangelists and luminaries who have audience. So you see nominated for two sites –catalyzed great achievements on the riskier campaigns.” Gamekillers.com and AxeLab.net –Internet” – from a list pared down by though Philips took home the prize forassociate academy members, who include former its Norelco Bodygroom site ShaveEverywhere.comWebby winners and other industry experts, (“The Rose Sheet” April 16, 2007).IADAS says. Axe’s overseas counterpart Lynx nabbed a WebbyMusicians Beck and David Bowie, Internet inventor in 2008 for its “Lynx Effect” site and wasVint Cerf, “The Simpsons” creator Matt Groening nominated the year before for LynxBlow.com,and writers and editors from The New York Times which allowed Web users with sufficient lungand Wired, among other publications, are among capacity to blow the frost – and the clothes – off ofacademy members. beautiful women frozen in time.The five beauty/cosmetics website nominees this Davies recognized in a Sept. 22 interview with “Theyear were Henkel/Dial’s GetMagnetic.com, Make Rose Sheet” that Unilever has “been very successful andUp For Ever’s HD-Generation.com, Hearst aggressive about how they market on the Internet.”Communications’ RealBeauty.com, Sephora’sSephoraClaus.com and the ultimate winner, He pointed out that the company’s targetUnilever/Axe’s The Fixers.com. demographic for Axe – young men 18 to 25 years of age – is “a growing audience and a hard-to-reach“The beauty and cosmetics industry is doing some audience, and it requires a lot of creativity becauseof the most interesting and innovative work on the it’s a very cynical audience. So you see riskierInternet today,” says David-Michel Davies, campaigns and more outrageous campaigns thanexecutive director of the Webby Awards, in a you might for some other audiences that are a littleSept. 14 release. easier to reach,” Davies said. Unauthorized photocopying is prohibited by law. See page one.
10 “The Rose Sheet” September 27, 2010He noted also that humor generally “plays really He cited Unilever’s “Evolution” video, created forwell on the Internet – that’s just a fact.” its Dove Campaign for Real Beauty and launched online in 2006, which uses time-lapse effects toSites Of A Different Theme Not Ineligible show how a “normal” woman is transformed by makeup artists and stylists – and even digitalHenkel/Dial’s “Get Magnetic” site, which “Photoshopping” manipulations – into the strikinglywas nominated for a 2010 Webby, also is beautiful face that appears on a billboard.designed to help men succeed with women,with a tutorial on the role of pheromones The ad is accompanied by the tagline: “For so long we “No wonder our perception of beautyin sexual attraction, an “Ask the Sexperts”section and a “How Magnetic Are You?” watched these ads on is distorted.”Aptitude Test. television that were Davies maintains that the Internet has really focused on the allowed advertisers to tell this kind ofBut not all Webby nominees focused onmen and their mating objectives. Davies glitzy,” with “that story in a way that the 30-second TV spotcontrasted the “hyper male-oriented” never did. In addition, in an environment hard shimmer ofTheFixers.com with RealBeauty.com, where consumers can react to advertisingwhich features primarily editorial content ‘Look Pretty Now!’” and share their thoughts with others,and is “very female-oriented.” However, “that sort “realness” becomes imperative. of highly produced “For so long we watched theseThe site bills itself as “the world’s premiersource for everything that goes into fiction just doesn’t advertisements on television that were play as well in a really focused on the glitzy,” with “thatmaking yourself beautiful – on the inside hard shimmer of ‘Look Pretty Now!’”and out.” In addition to hairstyle and medium where people Davies said. However, “that sort of highlymakeup tips, Real Beauty addresses can talk.” – Webby produced – I don’t want to say lie – butphysical fitness and keys to a healthy diet highly produced fiction just doesn’t playas well as the importance of mental health Awards Director as well in a medium where peoplethrough stress relief and a positive David-Michel Davies can talk.”self-image. th The early-entry deadline for the 15 Annual WebbyMake Up For Ever’s HD-Generation.com features Awards is Oct. 29. Nominees will be announced inzoomable photos of young women ranging from April 2011, and winners will be honored at the galaactresses and stylists to a Pilates instructor and a bank ceremony in June.coordinator, along with the steps taken to achieve theirmakeup looks and links for purchasing products. According to Davies, recognition with a Webby “can symbolize that [a brand] is part of internetDavies noted that those sites and others in the beauty culture and that their marketing and the way theysector increasingly are focusing on “real people.” talk to their audience is new and modern, and when you’re trying to sell beauty products that’s actuallyRealBeauty.com often derives content from its pretty important.” Further, “it really differentiatesreaders, for example, using Twitter to collect their them from their competitors in material ways.”beauty tips, and the site features a section entitled“Real Beauties: What I Do.” In addition, consumers vote online for their favorite nominated websites to determine the Webby’s “People’sInternet Exposes “Realities” Of Beauty Voice” winners. Last year, more than a million votes were cast, Davies said, “so it really can bring increasedThe “realities” of beauty and “all the personal stuff exposure to the site and a brand itself.”that goes into looking your best” have been broughtout with Internet advertising, Davies asserted. – Ryan Nelson (firstname.lastname@example.org) Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 11 Reckitt Launches Recruitment Game Through Facebook To Win Fresh TalentIn an effort to recruit executive talent and assert its ambitious” and “innovative” thinkers between thecorporate identity, Reckitt Benckiser has launched a ages of 18 and 30 years of age.social media recruitment game on Facebook andadded an “RB” tag to its branded ad campaigns. The game is intended to mirror the real-life experience of being a marketing executive in a“On campus, we want to be thought of in the same cutting-edge company such as Reckitt, the companybreath as Procter & Gamble and SC Johnson, Kraft explains in a Sept. 9 release promoting the officialor Colgate-Palmolive,” RB Communications launch of the game.Manager Caroline Hey told “The Rose Sheet.” Players are given tasks and assignments to completeCurrently, when it comes time for college students via e-mail and phone calls, and “depending on howto think about where to start their careers, “they well you complete them, you will progress throughdon’t think of RB,” she said in a Sept. 17 interview. the company getting a fancier office and a better view from your office window,” RB says.Although in market research people tend torecognize the company’s brands – which include The game aims to pull talent from “where theyClearasil, Veet, French’s Mustard and Mucinex – spend their time,” the company says. Viewers arethey typically are not familiar with the name of the informed about the site through friends on Facebookparent company. who recommend they join the game as an associate in their virtual office.“We want people to come to us; we want ourcandidates to really know us,” Hey said. The game also is supported by a Facebook fan page and through ads on Facebook, Adknowledge,The firm’s new social media game, called Yahoo!, Hotjobs and LinkedIn.PoweRBrands, is available through Facebook and isdesigned to scoop “the cream of the crop” from Finally, PoweRBrands is promoted on thecollege campuses, which would make RB less recruitment page of Reckitt’s corporate websitedependent on hiring individuals who have already (RB.com). There, visitors are asked: “Are you aworked for competing companies. hidden gem of the business world? Do you have what it takes to outshine everyone else?”“Traditionally we would get very talented people,but it was not a true culture fit,” Hey said. “So we The site acknowledges that PoweRBrands “is allsaid, let’s find people at the beginning of their a bit of fun, really, but it does have a seriouscareers, bring them in and engage them in our purpose: RB wants potential future employees toculture right away.” know and understand what sort of career they can expect at RB.”She added that the RB corporate culture is onewhere people can “move along quickly,” though During its first month live, the site attracted 40,000that is not a fact well-known among career-seekers. players, 120,000 visits and 5,800 Facebook fans, according to Reckitt.“We are a very forward-looking company with avibrant culture and we give real opportunity very From “Reckitt” to “RB”early,” she said. “If you show the aptitude andinitiative and drive, within three months’ time of The U.K.-based company also is taking itsjoining us you could already be moving up.” recruitment efforts into the consumer advertising realm, adding the tag “Discover RB” to the end ofSeeking Innovative Thinkers TV ads for brands including Clearasil and Veet.PoweRBrands was beta-tested on Facebook in July The tag is intended to drive people to theand was officially launched in the U.S. market in company’s corporate recruitment page on itsearly September, targeting “well-rounded, website, where they can learn more about Reckitt’s Unauthorized photocopying is prohibited by law. See page one.
12 “The Rose Sheet” September 27, 2010brands and read about the opportunities available at P&G has a recruitment section on its website atthe company and what current employees are saying ExperiencePG.com and also touts its careeron the “My RB Opportunity Blog.” opportunities on Facebook and LinkedIn.Using the “RB” acronym in promotional material Like Reckitt, French beauty company L’Oreal usescould help it to catch on with consumers in the same unique social media strategies to target college students.way that Procter & Gamble is widely known as Through a recruitment page on Facebook, the firm“P&G” and Johnson & Johnson as “J&J.” promotes an annual competition that challenges marketing pupils to act as L’Oreal brand managers.Already with strong name recognition, P&G hasbuilt upon that equity recently with consumer ads The competition, called “Brandstorm,” invites collegethat unite the firm’s major brands, including Crest, students in groups of three to tackle a marketing challengeCoverGirl and Clairol, under the firm’s larger and develop a range of L’Oreal products. Students arecorporate banner. invited to Paris for a final round of competition each year, where three teams are awarded prizes.Based on the success it had partnering with the U.S.Olympic committee during the Vancouver 2010 This year, Brandstorm – which has run since 1993 –Winter Games to promote brands under the P&G drew participation from more than 43,000 studentsumbrella, the firm has extended the arrangement from 285 universities in 43 countries, L’Oreal says.through 2020 (“The Rose Sheet” Aug. 2, 1010,In Brief). – Eileen Francis HelixLife Offers Customized Skin Care Based On Targeted DNA AnalysisHelixLife joins an elite pack fighting skin aging at the “We have in our bodies a total of three billion unitsDNA level with a personalized skin-care solution in our DNA,” said Dr. Robert Ricciardi, founder ofdesigned to compensate for “disadvantaged genes.” GeneLink. “Our test will nail one out of the three billion – that is the degree of precision.”The fruit of its partnership with GeneLinkBiosciences, Inc., HelixLife’s brilliant wellness The consumer receives a report after six core genesystem consists of nutritional supplements and snips are analyzed for tiny variations in DNA calledtopical skin care custom-formulated for optimum single nucleotide polymorphisms (SNPs) toresults, based on the user’s genetic profile, the determine how vulnerable he/she is to oxidativeOrlando, Fla.-based company says. stress and skin aging. For example, a person with an SNP in the SOD2“When we design a product, we design it from the (Manganese Superoxide Dismutase) gene will not havescience side [based on] what your body needs, not the same enzyme levels as others and will “thereforewhat ingredients can we afford to put in the bottle,” have a weak first line of defense against free radicals,”Gary Beeman, CEO of GeneLink, told “The Rose whereas an SNP on the MMP1 (MatrixSheet” on Sept. 22. “The ingredients are dictated by Metalloproteinase) gene could cause an individual towhat your DNA tells us,” he said. overproduce collagenase, which degrades collagen, resulting in fine lines and wrinkles.The exec compared the system to “buying a dress ora suit and having it fitted exactly to you.” Other gene snips targeted by HelixLife’s testing include GPX1 (Gluthione Peroxidase 1), EPHX (MicrosomalTo identify disadvantaged genes, or genes that make Epoxide Hydrolase), TNF (Tumor Necrosis Factor) andan individual more prone to skin damage, NQ01 (Coenzyme Q10 Reductase).HelixLife/GeneLink collects a DNA sample fromthe customer via a cheek swab test. The swab is “By measuring these SNPs through a DNAmailed to the company’s lab where the cells are assessment, we can impact the expression of ouropened to expose DNA, which is then amplified a genes through proper nutritional and lifestylemillion-fold so that specific genes can be identified. support,” the company explains online. Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 13HelixLife’s report back to customers includes color- HelixLife’s portfolio also includes a non-coded indications for where no additional support is customized, benzoyl-peroxide-free anti-acne serumneeded (green), some additional support is needed called clear. Its ingredients are delivered “via(yellow) or maximum support is needed (red). liposomal methods that are similar to a skin patch,” according to the HelixLife website.Consumers interested solely in having this “snapshot ofelements of your genetic makeup” can purchase the The company plans to reach customers throughcompany’s assess kit and analysis for $259. Facebook and is developing online videos featuring interviews with doctors endorsing its products.Alternatively, on the basis of their genetic profile,HelixLife offers to provide customers “the right DNA Research Increasing Behind Skin-Care Scenesvitamin and mineral support your body needs todeal with oxidative stress, environmental pollutants, La Jolla, Calif.-based DermTech International hascollagen breakdown and the lack of antioxidant-rich patented technologies for the non-invasivefoods in your diet.” collection of genetic material from skin as well as gene expression analyses. In February, theEvery brilliant skin serum consists of 50 ingredients, company’s CEO George Schwartz spoke with “The30 of which form a base and 20 that are specially Rose Sheet” about the possibility of using itsselected. For consumers susceptible to oxidative stress, technology to fit consumers with personalized skin-for example, customized add-ins include spirulina care regimens.powder, OxyPhyte green tea extract, OxyPhyte white teaextract, bilberry extract and vitamin B3. Schwartz claimed that DermTech’s Epidermal Genetic Information Retrieval (EGIR) adhesive skin sampling“Customized products are designed to help your technique – which uses a hand-held device with anbody get additional support where it needs it most adhesive on the end to collect cells from the upper layerwithout giving you more help than you need,” the of skin – is unique in that it does not require a biopsy andfirm explains on its website. “That’s really the therefore could be used in a store setting to sample cellsproblem with ordinary dietary supplements and (“The Rose Sheet, Feb. 8, 2010).skin-care products. No one seems to know exactlywhat the right amount is, which supplements are Among other companies focused on DNA is clinicalbest or needed and how to create a regimen that skin-care and medical laser company PhotoMedex,meets the unique needs of your body.” which recently launched its Neova DNA + Copper Combination Therapy Products to “address DNARicciardi expanded on that concept. In other skin damage by activating the skin’s natural recoveryserums, he said, “if there’s too much of some process after damage has occurred but before thethings, then there’s less of something else. We try to inevitable consequences occur.”optimize for you what is best for you based onsomething very rational. We hit areas that we thinkare extremely important to your skin health that we Liposome-encapsulated DNA repair enzymes arehave found are better based on your DNA.” delivered to the epidermis, while copper peptide complex restores the skin’s ability to repair itself,HelixLife’s customized skin-care program is priced the company explains in its Sept. 15 release.at $139 per month. To add customized supplementsto the plan, the total per month cost is $239. EliteSkin’s DNA Rejuvenation System combatsConsumers are locked into the initial two months to aging by maintaining the length of telomeres, whichcover the cost of the DNA test. are DNA strands that shorten as aging cells divide (“The Rose Sheet” Aug. 23, 2010).The company also sells its 30-ingredient base alone,branded as the glow anti-aging serum ($69). It CellCeuticals says its GFP Cellular Complexcontains aloe, vitamin B5, glycerin, rice bran oil, represents “the culmination of more than 15 yearscabbage leaf extract, cat’s claw extract, copper of protein and DNA research (“The Rose Sheet”peptide, glycine, soy protein and polyglyceryl-4 Feb. 1, 2010).caprylate, among other natural and organicingredients, the firm says. – Suzanne Blecher (email@example.com) Unauthorized photocopying is prohibited by law. See page one.
14 “The Rose Sheet” September 27, 2010Weekly Trademark Review Issued Sept. 21, 2010[Class 3 (Cosmetics & Cleaning Preps) compiled by “The Rose Sheet” from Official Gazette of the U.S. Patent and Trademark Office] Trademark No./ Filed DateProduct Name [Serial No.] Company [Published] Class Nos. First Use DateMarks Registered – Class 3Juicy Touch 3,849,138 Lancôme Parfums Et Beauté 5-29-03 50, 51 & 52 ––– [76-520,367] [5-11-04]Juicy & Fresh 3,849,139 Lancôme Parfums Et Beauté 5-29-03 50, 51 & 52 ––– [76-520,368] [5-4-04]Juicy Style 3,849,140 Lancôme Parfums Et Beauté 9-8-2003. 50, 51 & 52 ––– [76-546,370] TM05 [1-18-05]Juicy Juice 3,849,141 Lancôme Parfums Et Beauté 4-21-04 50, 51 & 52 ––– [76-587,764] [9-27-05]Juicyful 3,849,142 Lancôme Parfums Et Beauté 4-21-04 50, 51 & 52 ––– [76-587,766] [9-27-05]Juicy Tubes Pop 3,849,143 Lancôme Parfums Et Beauté 6-17-04 50, 51 & 52 ––– [76-597,755] [11-1-05]Nature’s Love in A Bottle 3,849,150 Liquid Love Products 4-17-09 50, 51 & 52 ––– [76-696,920] [3-30-10]Organic Surge Men 3,849,271 Organic Surge 12-1-08 Int. 50, 51 & 52 ––– [77-623,572] [6-1-10]Terra Dolce 3,849,317 The Estheticians Garden 3-26-09 50, 51 & 52 ––– [77-699,513] [7-6-10]Vie At Home 3,849,319 Vie Cosmetics Group 3-31-09 Int. 50, 51, 52 ––– [77-703,108] [7-6-10]Janegee 3,849,324 Jane Gee 4-9-09 50, 51 & 52 ––– [77-710,792] [7-6-10]Gloves Off 3,849,325 Siamons Internatl. 4-13-09 50, 51 & 52 ––– [77-712,225] [7-6-10]Gloriaven 3,849,389 Gloria Med Pharma 7-10-09 Int. 50, 51 & 52 ––– [77-778,623] [5-18-10]Lano Lip 3,849,419 GDM Enterprises 7-28-09 50, 51 & 52 ––– [77-790,963] [3-30-10]Lasiuly By Marco Radice 3,849,476 Radice, Marco 8-14-09 Int. 50, 51 & 52 ––– (Stylized) [77-804,872] [7-6-10]Miscellaneous Design 3,849,500 Endochoice 8-25-09 Int. 50, 51 & 52 ––– [77-812,137] [7-6-10]Canali 3,849,507 Canali Ireland 8-27-09 50, 51 & 52 ––– [77-814,230] [7-6-10]Antonio Banderas The 3,849,543 Antonio Banderas 9-15-09 50, 51 & 52 ––– Secret (Stylized) [77-826,405] [7-6-10]Thicker Fuller Hair 3,849,582 Henkel Consumer Goods 10-9-09 50, 51 & 52 ––– (Standard Character) [77-845,662] [6-1-10]Genius Mother & Design 3,849,622 Svetlichnaya, Ninel, 11-5-09 Int. 50, 51 & 52 ––– [77-866,147] Svetlitchnyi, Stanislav & [7-6-10] Chekhter, YuliyaOm-Alley & Design 3,849,627 O’Malley Aerin Alex 11-9-09 50, 51 & 52 ––– [77-867,947] [7-6-10]Level Naturals 3,849,739 Dubuque, Jonathan 1-12-10 50, 51 & 52 ––– [77-910,094] [7-6-10] Unauthorized photocopying is prohibited by law. See page one.
16 “The Rose Sheet” September 27, 2010 Trademark No./ Filed DateProduct Name [Serial No.] Company [Published] Class Nos. First Use DateMarks Registered Under Section 1(d) – Class 3The following marks have been registered on the principal register pursuant to the intent-to-use provisions of Section 1(d) of theTrademark Act of 1946, as amended. Select trademark lists have been condensed.Vata 3,850,344 Posh Hair Salon 10-7-06 50, 51 & 52 7-28-2005 [77-016,321] [4-29-08] For personal care products.Tonight 3,850,364 Donnelly, Bill 2-6-07 50, 51 & 52 5-20-2010 [77-099,920] [8-7-07] For perfumes and colognes.Melaboost 3,850,407 Australian Gold 6-11-07 50, 51 & 52 11-1-2009 [77-202,874] [10-9-07] For skin care preparations, namely, nonmedicated indoor and outdoor tanning preparations.E•Volve 3,850,408 Evolve Personal Care 6-18-07 50, 51 & 52 11-2007 [77-208,186] [5-6-08] The mark consists of the word “evolve” with a dot between the first “e” and first “v.” For body products, namely, body lotion; beauty care products, namely, beauty care cosmetics; skin care products, namely, skin cream; shampoo; conditioner; skin lotions; cosmetic oils; fragrances for personal use.Enspri (Stylized) & Design 3,850,418 Kint & Associates 7-20-07 50, 51 & 52 9-1-2007 [77-235,224] [1-8-08] Owner of U.S. Reg. Nos. 3,102,307 and 3,157,733. The name(s), portrait(s) and/or signature(s) shown in the mark does not identify a particular living individual. The mark consists of three components 1. A round image, with stylized letter “e,” above which is a tri-floral/leaf arrangement; 2. The word “enspri” in English letters; 3. Four Chinese characters, which sound like “enspri.” The wording “enspri” has no meaning in a foreign language. The non-Latin characters in the mark transliterate to roughly “enspri” (with Chinese accent) and this means enspri in English. The non-Latin characters in the mark transliterate to enspri and this has no meaning in a foreign language. For cosmetic creams for skin care; cosmetic oils for the epidermis; cosmetic preparations for skin renewal.L’bel 3,850,465 Ebel Internatl. 12-3-07 50, 51 & 52 2-2008 [77-342,911] [10-28-08] Owner of U.S. Reg. Nos. 3,270,380, 3,295,808 and others. For cosmetics, namely, astringents and toners for cosmetic purposes, beauty masks for the face and body, beauty scrubs for the face and body, blusher, cosmetic pencils for the face, eyes and lips, concealers, foundation, face powder, eyeliners, eyeshadow, mascara, lipstick, lip gloss, lip moisturizer and base lipstick; preparations for personal hygiene and beauty care, namely, hand and body lotions and creams, soaps for the face and body, bath and shower gels, bath oils and shaving gels and creams; fragrances for men and women, namely, eau-de-cologne, perfume, eau de toilette; body oils and essential oils for personal use; and hair care products, namely, shampoo, conditioner.Leap Organics 3,850,531 Leap Organics 4-22-08 50, 51 & 52 7-1-2010 [77-454,926] [9-23-08] No claim is made to the exclusive right to use “organics” apart from the mark as shown. For organic skin care products, namely, facial and body soap, lip balm, shampoo, conditioner, body lotion and facial and body cleanser.Chapfix+ 3,850,605 Lotta Luv 6-24-08 50, 51 & 52 8-13-2009 [77-506,860] [11-18-08] For lip balm.Toothbrush Tree 3,850,648 The Aaah! Co. 8-4-08 50, 51 & 52 11-2009 [77-538,631] [11-4-08] No claim is made to the exclusive right to use “toothbrush” apart from the mark as shown. For dentifrice; mouthwash; skin cleansers; skin creams; skin lotions; skin moisturizer.Weightless Bodybuilding 3,850,693 Procter & Gamble 9-25-08 50, 51 & 52 7-14-2010 [77-578,382] [2-17-09] For hair care preparations. Unauthorized photocopying is prohibited by law. See page one.
September 27, 2010 “The Rose Sheet” 17 Trademark No./ Filed DateProduct Name [Serial No.] Company [Published] Class Nos. First Use DateFlowing Body 3,850,695 Procter & Gamble 9-25-08 50, 51 & 52 7-14-2010 [77-578,598] [2-17-09] No claim is made to the exclusive right to use “body” apart from the mark as shown. For hair styling preparations.Camo Fx 3,850,704 Gameface 10-6-08 50, 51 & 52 1-13-2009 [77-586,006] [9-22-09] No claim is made to the exclusive right to use “camo” apart from the mark as shown. For face and body glitter; face paint; makeup.Touch-On Highlights 3,850,713 L’Oréal 10-15-08 50, 51 & 52 1-2010 [77-592,939] [11-10-09] No claim is made to the exclusive right to use “highlights” apart from the mark as shown. For hair highlighting kit, comprising of, after color conditioner, highlighting powder, highlighting developer, applicator tool, mixing tray and spatula, instruction sheet and colorist gloves.Likewise 3,850,714 Pena, Julie 10-15-08 50, 51 & 52 ––– [77-593,086] [3-3-09] For skin care products and sun protection products, namely, facial moisturizers and matifying balancers for oily skin with UVA/B blockers; facial moisturizers and toning balancers for normal skin with UVA/B blockers; facial moisturizers and calming balancers for dry and sensitive skin with UVA/B blockers; total body cleansers; moisturizing body lotions with UVA/B blockers.Coveraid 3,850,808 DDP Enterprises 12-10-08 50, 51 & 52 7-1-2010 [77-630,359] [4-21-09] For therapeutic concealer for skin.Gillette Fusion Proseries 3,850,836 Gillette 12-23-08 50, 51 & 52 6-6-2010 [77-638,919] [11-17-09] Owner of U.S. Reg. Nos. 2,757,416, 3,518,242 and others. No claim is made to the exclusive right to use “pro series” apart from the mark as shown. For preshave facial washes and scrubs; moisturizers; and aftershave lotions, balms and gels.Charisma 3,850,855 Australian Gold 1-5-09 50, 51 & 52 11-1-2009 [77-643,425] [10-20-09] For nonmedicated indoor and outdoor skin tanning preparations.Ifuro (Stylized) & Design 3,850,968 Lee, Chung-Ming 3-26-09 50, 51 & 52 7-15-2010 [77-700,290] [1-19-10] The mark consists of a fanciful cloudshaped design with the term “ifuro” in stylized font with the “o” in “furo” having a leaf design at the top. The wording “ifuro” or “furo” has no meaning in a foreign language. For bath soaps, facial cleansers, shower gels, shower gels for babies, nonmedicated bath salts, shampoos for babies, hair shampoo, hair conditioner, hand soaps.Bad Monkey (Stylized) & 3,850,990 Dyno Manufacturing 4-13-09 50, 51 & 52 6-11-2009 Design [77-712,497] [8-11-09] The color(s) red, gray, white, light blue, dark blue, brown, tan and black is/are claimed as a feature of the mark. The mark consists of the words “bad monkey” with “bad” in large red block letters with a thin tan border, shadowed in black on the sides and gray on the top. The word “monkey” is in a smaller stylized tan font superimposed on the word “bad.” There is a design element consisting of a monkey in brown and tan, wearing a dark blue shirt with the word “bad” on the chest in red script, light blue pants and black sunglasses and squeezing a tube from which tan liquid is spurting with his left hand. There are shadows of the wording and the monkey in front of each in the color gray. For hand cleaners; hand cleaning preparations. Unauthorized photocopying is prohibited by law. See page one.