Painted by Esther vs. Patrick Ta: A Case Study on Beauty Industry Ruthlessness and IP


The beauty industry is not one for lily-livered people, and

the ongoing debate over the face-off between Esther Edemee of Painted by Esther and Patrick Ta has shown us just that. The beauty business is ruthless, and passion without protection leaves you exposed!

 The summary of the whole debacle is this: Patrick Ta came out with a new line of blushes, and off the bat, people observed that the blushes were awfully similar to some blushes by a Black-owned makeup brand, Juvia's Place, a brand known for its two-tone blushes, which cater to women of colour. People were still wrapping their heads around the striking similarity when they noticed the new products were called "Transition Blushes."

This is what got people bewildered, because another makeup artist, Ngozi Esther Edemee, is widely credited with coining the phrase. Now, Patrick reportedly did not stop there. According to reports, he is either in the process of trademarking the phrase or has trademarked it already—and this is when the internet decided to go to w a r for Esther!

If indeed Patrick Ta has trademarked "Transition Blush," he has effectively stopped Painted by Esther from profiting from the phrase. She can't use it in her videos, and she can't produce her own line of blushes and market them under that name. As a matter of fact, if Patrick Ta succeeds, Esther cannot make money from a phrase that she not only coined but also made popular!

The truth is,  after all is said and done, I am not exactly emotional over this whole issue. Please calm down, let me explain!

The whole Patrick Ta and Painted by Esther controversy is a master class on why creatives must both think of and work towards ownership of their craft. Fine, it could be argued that Esther is not the absolute originator of the transition blush look. However, you cannot deny her influence and the fact that she popularized the term.

The fact that Patrick Ta quickly trademarked the phrase "Transition Blush" means Esther has effectively been blocked from monetization. To me, this is all shades of wrong!

Some people may cry and holler that it isn’t fair because Esther coined it first. But guys, in the world of business, being fair isn’t the issue; being strategic is! And this is where Esther dropped the ball.

Most people are of the school of thought that Esther would have started her own line of blushes. Well, this is easier said than done. 

Launching a makeup/beauty brand right now is highly capital-intensive. The industry is so competitive right now that unless you have deep pockets and serious connections, you may not really make a splash. Your best bet would be to have the needed institutional backing to launch as a newbie.

Except in rare occasions like Rihanna's Fenty line, black female beauty/makeup startups have been historically been ignored by corporate institutions when it comes to funding.

According to a study by McKinsey & Co, "Early-stage Black beauty companies raise 64% less in funding compared to non-Black competitors. [1]"

Here is what I feel Esther could have done, if capital and access were the issue: Collaborate! 

She could have partnered with an established makeup brand to launch an official line of “Transition Blushes,” making some cool quid in the process!

PATRICK TA; SUIT BY YSL. 

But Patrick Ta dropped the ball here, too. With all the receipts flying around, Patrick cannot deny the fact that he was influenced by Esther. What he should have done was collaborate with her and make it a joint effort! For someone who has a reputation for allegedly not treating Black creatives with the respect they deserve, he would have completely shaken that narrative by working with Esther—effectively laundering his image among Black creators in the process!

Despite the whole mess, MAC just gave Esther her flowers when they named her the "Queen of Blush." Personally, I feel MAC was being messy, messy 😂—but they were incredibly smart with both their timing and their choice of artist. They tapped directly into the controversy and gained massive free publicity!

While I am happy for Esther and Olandria for their MAC feature, I also hope it helps Painted by Esther secure the necessary institutional backing it needs. Because at the end of the day, that is where the real money resides.

Talent alone does not translate to wealth; wealth is born from a combination of both talent and street smarts!"



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