DCT
3:25-cv-00857
Zugara Inc v. Revlon Consumer Products LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Zugara, Inc. (California)
- Defendant: Revlon Consumer Products LLC (Delaware)
- Plaintiff’s Counsel: ALLEN, DYER, DOPPELT + GILCHRIST, PA; Rozier Hardt McDonough PLLC
- Case Identification: 3:25-cv-00857, M.D. Fla., 07/29/2025
- Venue Allegations: Plaintiff alleges venue is proper because Defendant has committed acts of infringement in the district and maintains regular and established places of business in Jacksonville, Florida. The complaint also notes that in a prior, unrelated case, Defendant did not contest venue in this district.
- Core Dispute: Plaintiff alleges that Defendant’s “Virtually Try-On” augmented reality feature for cosmetics infringes a patent related to technology for simulating the wearing of items.
- Technical Context: The lawsuit concerns augmented reality (AR) virtual try-on technology, an increasingly common feature in e-commerce that allows consumers to use their device's camera to visualize how products like apparel or makeup will look on them in real-time.
- Key Procedural History: The asserted patent is a continuation of a chain of applications dating back to 2010. The complaint notes that Defendant did not contest venue in the Middle District of Florida in a previous litigation.
Case Timeline
| Date | Event |
|---|---|
| 2009-08-12 | Earliest Priority Date for U.S. Patent No. 10,482,517 |
| 2015-11-09 | Application for U.S. Patent No. 10,482,517 Filed |
| 2019-11-19 | U.S. Patent No. 10,482,517 Issued |
| 2025-07-29 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
- Patent Identification: U.S. Patent No. 10,482,517, "Providing A Simulation Of Wearing Items Such As Garments And/Or Accessories," issued November 19, 2019.
The Invention Explained
- Problem Addressed: The patent identifies a key barrier in e-commerce for wearable goods: a customer cannot try on an item before buying it, leading to speculation and potentially lost sales ('517 Patent, col. 2:30-43).
- The Patented Solution: The invention describes a system that provides a "virtual-outfitting interface" to a user. This system captures a live video feed of the user, identifies the user's body parts, and overlays a "virtual-wearable item" (e.g., a shirt) onto the user's image. The result is a composite video feed where the user appears to be wearing the item in real-time, with the virtual item moving realistically with the user's body ('517 Patent, Abstract; col. 2:56-63). The system architecture, involving a server, client platform, and camera, is illustrated in Figure 1 of the patent ('517 Patent, FIG. 1).
- Technical Importance: The technology seeks to replicate the in-store try-on experience in a digital environment, thereby increasing consumer confidence and reducing a significant friction point in online retail ('517 Patent, col. 2:39-43).
Key Claims at a Glance
- The complaint specifically asserts independent claim 13 (Compl. ¶26).
- Independent Claim 13 (Method):
- Obtaining a live video feed from a client computing platform.
- Recognizing the position and/or orientation of a user's body part within the feed.
- Providing a "virtual-outfitting interface" that includes a main display portion and an overlaid icon.
- The main display portion shows a composite video feed incorporating the live user video and a "first virtual-wearable item."
- The position and orientation of the virtual item are determined so it moves with the user in real-time, making it appear as if the user is wearing it.
- Providing a "social-networking tool" within the interface to allow the user to connect with social media services.
- The complaint alleges infringement of "one or more claims," preserving the right to assert additional claims (Compl. ¶25).
III. The Accused Instrumentality
- Product Identification: The "Virtually Try-On" module and Augmented Reality (AR) ads available on Defendant's website (revlon.com) and associated applications (the "Accused Products") (Compl. ¶16).
- Functionality and Market Context: The Accused Products use a device's live camera to superimpose virtual makeup, such as lipstick, onto a user's face in real-time (Compl. ¶16). This allows a user to "test drive" different shades. The interface, as depicted in the complaint, includes selectable shade options, a "Buy Now" button, and a share function (Compl. Figure 1, p. 5). The complaint includes a screenshot of Revlon's instructional webpage detailing the steps to use the tool, including enabling the camera and sharing the look on social media (Compl. Figure 2, p. 6). The feature is presented as a tool to help customers find their "perfect shade" from over 600 options "risk-free" (Compl. Figure 1, p. 5).
IV. Analysis of Infringement Allegations
U.S. Patent No. 10,482,517 Infringement Allegations
| Claim Element (from Independent Claim 13) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| obtaining, from a client computing platform, a live video feed; | The Accused Products use a device's live camera to show how products look on the user. The instructions state: "Enable your live camera to see how products look on you in real-time." | ¶27; Figure 2 | col. 8:56-64 |
| recognizing a position and/or orientation of one or more body parts of a user within the live video feed, the one or more body parts including a first body part; | The system recognizes the user's facial features to apply the virtual makeup to the correct location (e.g., lips). | ¶27 | col. 5:3-11 |
| providing a virtual-outfitting interface for presentation to the user...the virtual-outfitting interface including two or more separate portions simultaneously presented...including a main display portion and an icon that is overlaid upon the main display portion, | The user interface presents the main video display of the user's face, with overlaid icons for selecting shades, buying the product, or accessing other features. | ¶27; Figure 1 | col. 10:62-65 |
| wherein the main display portion includes a composite video feed that incorporates the live video feed of the user and a first virtual-wearable item, | The interface shows a composite image of the user’s live video feed with the selected virtual lipstick shade applied. | ¶27; Figure 1 | col. 4:40-44 |
| wherein a position, size, and/or orientation of the first virtual-wearable item is determined such that the first virtual-wearable item moves within the main display portion according to the position and/or orientation of the user...so that the user appears to be wearing the first virtual-wearable item in real time... | The virtual lipstick tracks the user's head and lip movements in real-time, maintaining the appearance that it is being worn. | ¶27 | col. 5:12-20 |
| and providing a social-networking tool graphically presented in the virtual-outfitting interface, the social-networking tool allowing the user to interface with one or more social-networking services with which the user is associated. | The interface provides a share function, with instructions stating: "Click the '...' to share your look on Pinterest, Twitter, and Facebook with friends..." | ¶27; Figure 2 | col. 6:46-56 |
- Identified Points of Contention:
- Scope Questions: The dispute may center on whether cosmetic products like lipstick fall within the scope of the claim term "virtual-wearable item". The patent's title and examples focus on "garments and/or accessories" ('517 Patent, Title; col. 2:51-53), raising the question of whether the invention's scope extends to applied cosmetics.
- Technical Questions: The complaint asserts that the accused system recognizes user body parts, but it provides no technical detail on how this is accomplished. The exact method of facial feature detection and tracking used by the accused system, and whether it aligns with the patent's teachings, may become a point of factual dispute.
V. Key Claim Terms for Construction
The Term: "virtual-wearable item"
Context and Importance: This term's definition is fundamental to the infringement case. If construed narrowly to mean only apparel or traditional accessories, the infringement allegation against a cosmetics try-on tool could fail. Practitioners may focus on this term because the accused product (virtual makeup) is not an explicit example in the patent's specification.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the items as including "virtual garments..., virtual accessories..., and/or other virtual-wearable items" ('517 Patent, col. 2:50-54). The use of the open-ended phrase "and/or other" may support an interpretation that is not limited to the specific examples provided.
- Evidence for a Narrower Interpretation: The patent's title is "Providing A Simulation Of Wearing Items Such As Garments And/Or Accessories." The background and summary repeatedly use "garments," "clothing," "accessories," and "jewelry" as the primary examples, potentially suggesting the invention was conceived in the context of apparel. ('517 Patent, Title; col. 2:32-33; col. 2:51-53).
The Term: "social-networking tool"
Context and Importance: Claim 13 requires the presence of this tool. The nature of the accused "share" button will be compared against what the patent describes. A key question will be whether a simple button that invokes a device's native sharing function meets the claim limitation.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language is general, requiring a "tool allowing the user to interface with one or more social-networking services" ('517 Patent, col. 18:1-5). An argument could be made that any feature enabling this action, regardless of its integration level, satisfies the claim.
- Evidence for a Narrower Interpretation: The specification describes a "social-networking module" that interfaces with services like "Facebook™, MySpace™, Twitter™" to "share a snapshot with one or more contacts of the user" ('517 Patent, col. 6:46-56). Defendant may argue this implies a more integrated function than merely linking to an external application, and that the term should be construed to require such a dedicated module.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement. For inducement, it alleges Defendant took active steps by providing the Accused Products and distributing instructions and promotional materials that guide users to infringe, such as the "how-to-use" webpage (Compl. ¶28; Figure 2). For contributory infringement, it alleges the virtual try-on features are specially designed for an infringing use and are not staple articles of commerce with substantial non-infringing uses (Compl. ¶29).
- Willful Infringement: Willfulness is alleged based on knowledge of the '517 patent obtained "at least as of the date when it was notified of the filing of this action" (Compl. ¶30). The complaint also alleges willful blindness, claiming on information and belief that Defendant has a "policy or practice of not reviewing the patents of others" (Compl. ¶31).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "virtual-wearable item", which is rooted in the patent's examples of garments and accessories, be construed broadly enough to read on the application of virtual cosmetics as implemented in the accused system?
- A second central question will concern functional scope: does the accused product's "share" button, which may invoke a standard operating system feature, constitute the "social-networking tool" required by Claim 13, or does the patent's specification implicitly require a more deeply integrated module for that limitation to be met?
- Finally, a key evidentiary question will be what proof is offered to show that the accused system performs the claimed step of "recognizing a position and/or orientation of one or more body parts," and whether that technical method aligns with the invention as claimed.