Back in August of 2013, reality television star Nicole Polizzi, known to her fans as Snooki, brought a $2.4 million lawsuit against Excell Brands and its perfume “Snazzy.” Polizzi alleged trademark infringement of her perfume brand “Snooki.”
The brand “Snazzy Woman” by Excell Brands is marketed in a box containing similar leopard print and what Excell calls a disclaimer: “Our version of Snooki by Nicole Polizzi.” While the smell and packaging may be similar, the text of the name “Snooki by Nicole Polizzi” on the Snazzy Woman box is almost identical to Polizzi’s logo.
Excell Brands argued that Snazzy Woman is merely a less expensive and similar smelling perfume. Calling Polizzi’s lawsuit baseless, Excell argued the disclaimer on the box undermines any trademark infringement she was claiming. The Judge seemingly did not agree.
Excell Brands has a history of marketing perfume brands whose names and likenesses bear striking resemblance to main-stream perfumes carrying a reputation. Each mimicked perfume box contains the same language “our version of…” Excell’s other version’s include Impossible, their “version of Incredible by Victoria’s Secret,” Ferrera, their “version of Caroline Herrera,” Golden Rush, their “version of Gucci Rush by Gucci” and Change 105, which bears a striking resemblance to Chanel no. 5.
Polizzi claims she was never contacted and never gave consent to use her name and logo in the marketing of Snazzy Woman. The Judge ruled in Polizzi’s favor, finding trademark infringement, though damages have not yet been awarded.
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