OPI Update

Friday, 30 April, 2010

First off, a million thanks to my friend and her husband for getting a copy of the complaint to me.

So all the drama that went down can be found below. The information below is from the actual complaint, so this is not my speculation, but the real court filed documents:

In the complaint OPI alleges that TransDesign infringed on their copyright…which TD did.

So, if you ever look at some bottles of OPI, do you notice that it looks like someone’s filed some part of the glass bottle away? That there’s a rough spot on the bottle where it should be smooth? I have and I thought, “WTF was filed away from here?” Now I know!

In the complaint, OPI alleges that TD (as well as other companies) have done that. But here’s where it gets ugly…

The infringement? It’s the pictures we’d see on TD’s website. They (TD) make it sound like they are authorized sellers of OPI. They are not. They have no contract with OPI to sell. So yes, their pictures are an infringement because OPI has no contract with TD, TD can’t get any legit OPI products from OPI. In the complaint, OPI alleges that “Defendants resort to deceptive, fraudulent, and illegal trade practices as well as false pretenses in order to obtain OPI products.”. OPI even has distribution policies and contractual mumbo jumbo on their website under “Anti-Diversion Policy”.

In November 2009, OPI asked TD to stop selling OPI Products on the Internet and to stop using images of OPI on their site (intellectual property).

TD did not comply.

Remember what I said about that filed part of the glass bottle? Well, that filed part of the glass bottle is the OPI Serial Number. That number is crucial to OPI in terms of quality control and detection of fake OPIs. TD knowingly and willfully sold these OPI Products with the missing OPI Serial Numbers.

Why is it important? Because if OPI ever had to do a recall and you had a bottle that was in the recall, how the heck are you to know when there is no serial number on it? Ultimately, OPI doesn’t want lawsuits.

Last, but not least, TD sold OPI products internationally where there was already a distribution setting put in place. So basically, OPI didn’t like TD undermining their distribution set up or their quality control. In TD’s case, it’s a lack of quality control. I can see why OPI would be pissy about it.

After all of this, I wonder if all the bottles I got from VNS and TD are legit OPI colors…hm…

However, sucks to be TD because OPI stated in the complaint they want financial recompense from TD for selling the non-legit OPI. No number was mentioned, but I figure it could be ugly.

You can click icomplaint2 below for a full copy of the complaint. It’s 87 pages long and it has pictures!


Below is me weighing in on the issue.

What do I think? I feel like OPI’s being a bit like the LVMH (Louis Vuitton Moet Hennessey) corporation in tracking down fake Louis Vuittons. It’s all about quality control. But in the grand scheme of things? It’s nail polish. It’s not purses/wallets/suitcases that sell for over $1,000 per item. Relax, OPI.

That’s it. That’s the drama. That’s why our fave cheapie e-tailers don’t have OPI any more.

PS I’m lifting my OPI ban. They weren’t in the wrong for wanting to protect the integrity of their products. If anything, it makes me admire and like them even more.

OPI Shrek Forever After Collection (2010)
OPI - you disappoint me