Mary Kay Goes After Retailmenot For Promoting Mary Kay

I’m not a coupon person. I don’t know why I’m not, but I don’t find myself at the grocery store digging through a coupon wallet the way my mother did to ensure I get $.25 off on that discounted meat I like to buy for a little game I call “Will this kill me tonight?” When shopping online, however, it’s a completely different story. Like many others, checking out of an online store isn’t complete until I run the brand or retailer through a search engine to see if there are any online coupons I can use. One of the common sites that comes up is RetailMeNot, an aggregator of coupon codes. Sometimes the codes work, more often they don’t, but it’s all part of my buying process.

And you have to imagine that, for the most part, retailers love sites like this. Coupons, after all, are designed to get buyers to try out a store or a brand. Making those coupons more widely available should naturally result in more first-tries, more purchases when there might otherwise be less. It’s a promotional tool, if nothing else, likely a free advertising source for these stores and brands. Mary Kay Cosmetics, in its never-ending wisdom, has decided to sue RetailMeNot for fraud and trademark infringement, litigating against the hand that feeds them.

Mary Kay Cosmetics is suing affiliate site Google Ventures-backed RetailMeNot in federal court for precisely for this reason. The company doesn’t sell directly to the public — though its corporate site makes it appear otherwise — and says it doesn’t offer deals or coupons. Therefore the company says that RetailMeNot’s presentation of Mary Kay coupons misleads consumers and harms the brand and its relationship with its sales reps (independent consultants) in several ways.

Okay, a couple of things to note from that pull quote. First, Mary Kay absolutely does sell direct to customers on its website. Not its entire catalog, perhaps. For that, you probably have to deal with one of the low-on-the-pyramid “sales reps” that hasn’t figured out the Mary Kay business model yet. As for whether Mary Kay offers coupons or deals, they absolutely do that, too. You can get free gifts with certain purchase amounts or free shipping on certain amounts, for instance.

Link (Techdirt)

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