LASHIFY, INC. v. INTERNATIONAL TRADE COMMISSION

No. 2023-1245.

LASHIFY, INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee. QINGDAO HOLLYREN COSMETICS CO. LTD., DBA HOLLYREN, QINGDAO XIZI INTERNATIONAL TRADING CO., LTD., DBA XIZI LASHES, QINGDAO LASHBEAUTY COSMETIC CO., LTD., DBA WORLDBEAUTY, KISS NAIL PRODUCTS, INC., ULTA SALON, COSMETICS & FRAGRANCE, INC., WALMART, INC., CVS PHARMACY, INC., ARTEMIS FAMILY BEGINNINGS, INC., DBA LILAC ST., ALICIA ZENG, Intervenors.

United States Court of Appeals, Federal Circuit.

Decided: March 5, 2025.


Attorney(s) appearing for the Case

SAINA S. SHAMILOV, Fenwick & West LLP, Mountain View, CA, argued for appellant. Also represented by TODD RICHARD GREGORIAN, BRYAN ALEXANDER KOHM, San Francisco, CA; JONATHAN G. TAMIMI, Seattle, WA.

LYNDE FAUN HERZBACH, Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for appellee. Also represented by DOMINIC L. BIANCHI, WAYNE W. HERRINGTON, MICHELLE W. KLANCNIK.

MICHAEL HAWES, Baker Botts LLP, Houston, TX, argued for intervenors. Kiss Nail Products, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Walmart, Inc., CVS Pharmacy, Inc. also represented by LORI DING; THEODORE W. CHANDLER, Los Angeles, CA; LISA M. KATTAN, THOMAS CHISMAN MARTIN, Washington, DC.

JASON R. BARTLETT, Maschoff Brennan, San Francisco, CA, for intervenors Artemis Family Beginnings, Inc., Alicia Zeng. Also represented by RORY JEFFREY RADDING, New York, NY.

MARK A. MILLER, Dorsey & Whitney LLP, Salt Lake City, UT, for intervenors Qingdao Hollyren Cosmetics Co. Ltd., Qingdao Xizi International Trading Co., Ltd., Qingdao Lashbeauty Cosmetic Co., Ltd. Also represented by ELLIOT HALES; HUI SHEN, Washington, DC.

Before PROST, TARANTO, and CHEN, Circuit Judges.


Lashify, Inc., an American company with headquarters and employees in the United States, distributes, markets, and sells in the United States eyelash extensions (and cases and applicators for the eyelash extensions) that it arranges to have manufactured abroad. Lashify, having patents on the products, filed a complaint before...

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