Another day another controversy: Patrick Ta and Painted by Esther

On the interwebs, the social media channels, and the chat groups is a growing conversation. It circles around Painted By Esther and Patrick Ta. The first is a British makeup artist who has gone viral for her blush forward looks on her famous clients. The second is a makeup artist with his own brand of products. At the heart of this is who gets to own a technique. Is it the person who popularized and is known for the thing? Or is it the person who made it to the patent office first? While Ta now has trademarked “transition blush” as a product name, that is what Esther has referred to as the technique she has been using for years.

For me, this is similar to the issues between Momofuku and smaller brands. David Chang and is million dollar brand sought a trademark for “chili crisp” and went after anyone using too close a moniker for their products. There was a public outcry, and ultimately it shifted people away from the brand and towards smaller producers. I fear something similar will and is already happening to Ta.

While he was hoping to profit on the moment, I don’t think he or his team braced themselves for the backlash. There will certainly be people who continue to support the brand,. But for those who were on the fence or have only recently come to learn about the brand through this controversy, they may never make purchase again or ever.

While trademarks and product lines are valuable, so too is your brand perception. If taking out a trademarked takes out your brand, maybe it’s time to reconsider.

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