Mary Kay Files Lawsuit Against RetailMeNot

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Mary Kay is suing digital coupon company RetailMeNot, claiming that it is soliciting coupons for Mary Kay without its consent. May Kay says in the suit that it does not provide digital offers and coupons for publication on RetailMeNot and has not authorized the use of its name or likeness to advertise deals, sales, or coupon codes. The cosmetics giant is charging RetailMeNot with trademark infringement, unfair competition, false advertising, trademark dilution and unfair competition, and is seeking to permanently bar RetailMeNot from using its name, slogans, website, etc., in addition to an unknown dollar amount in damages and court fees.

According to the Mary Kay complaint, filed in U.S.District Court in Dallas: "By listing these purported May Kay "sales" and "codes" on its website, RMN misleads consumers into believing that Mary Kay has a relationship with RMN, that Mary Kay products can be purchased directly from Mary Kay at a reduced price, and that the coupon "codes" are legitimate...[leading] consumers into falsely believing there is an approval, affiliation or partnership between Mary Kay and RMN..."

RetailMeNot released a statement claiming it believes it is in compliance with the law but is prepared to fight the lawsuit. "RetailMeNot, Inc. takes concerns related to third party intellectual property very seriously," the statement said. "RetailMeNot, Inc. continues to believe that it operates in the best interests of consumers and its retail partners by aggregating information to help shoppers save money using its websites and mobile apps. RetailMeNot believes the allegations in this lawsuit are without merit and intends to vigorously contest this matter."