ZO Skin Health, Inc. Sues Third-Party Pirates Over Illegal Sales of its Products
Trademark Infringement Suits Reflect Company's Zero-Tolerance Policy on Product Diversion
IRVINE, Calif., June 21, 2012 /PRNewswire/ -- Making good on its zero-tolerance policy for pirating, leading skincare company ZO Skin Health, Inc. has filed several trademark infringement lawsuits against third-party distributers who unlawfully acquired ZO® products and sold them online.
The first wave of suits, filed June 6 in U.S. District Court for the Southern District of Florida, accuse third-party Internet pirates, including Elite Depot operated by Web International, Inc., Web Incorporated, Aira Cosmetics Company, Aira Cosmetics, Inc., Aira Incorporated, Tonia Ryan and Derek Cavan of trademark infringement, false advertising, unfair competition and trademark dilution. The company is seeking damages and immediate injunctions to stop the Florida-based defendants from continuing to sell and advertise its products.
"These lawsuits send a clear message that we will aggressively pursue appropriate legal remedies against anyone who violates ZO Skin Health, Inc.'s trademarks," said Jim Headley, CEO and president of ZO Skin Health, Inc. "We are fiercely committed to protecting ZO®'s reputation for high-quality products developed by Dr. Zein Obagi through years of research and cutting-edge science."
The unauthorized sales were uncovered through an investigation in which the company bought numerous products from the defendants' websites bearing the ZO trademarks, including Rx products from the company's new ZO® Medical line that require a prescription before they can be obtained. The Universal Product Code, batch code and date – identifying information that helps ensure strict quality requirements and protect against counterfeits – had been altered or removed from each of the products and the packaging was damaged.
ZO Skin Health, Inc. and its medical director Zein Obagi, M.D., work directly with select physicians who are authorized to provide its treatments to patients. "These products utilize highly advanced skin therapy technology with potent anti-aging ingredients and should be used under the guidance of a licensed physician," said Headley. Third party Internet pirating and the unauthorized sales of topical drugs are illegal. "Any product bearing the ZO® name being sold over the Internet that is not through us is unauthorized and we intend to vigorously pursue all legal remedies in prosecuting the offenders," Headley added.
In order to control its brand's distribution, eliminate third-party pirates and protect the company's and its physician customers' dispensing businesses, only ZO Skin Health, Inc. is allowed to sell ZO® Skin Health and ZO® Medical products (through the Physician Affiliate Program) over the Internet. Under ZO Skin Health, Inc.'s zero-tolerance policy, anyone found to be involved in the unlawful sales of its products is automatically banned from doing future business with the company.
A copy of the federal court complaint can be found here: http://dockets.justia.com/docket/florida/flsdce/1:2012cv22099/401615/
About ZO Skin Health, Inc.
ZO Skin Health, Inc. develops and delivers innovative skincare solutions that optimize skin health around the globe. Utilizing cutting-edge science and Dr. Zein Obagi's extensive clinical experience creating treatments and regimens for healthy skin, ZO Skin Health, Inc. provides comprehensive skincare programs for physicians and their patients. Committed to advancing effective treatments for healthy skin, ZO Skin Health, Inc. supports physicians' practices through skin health seminars and clinical training, and patients through a variety of educational programs. As a result, ZO Skin Health, Inc. is focused on providing products and protocols that bridge the gap between therapeutic treatments and daily care that allow patients to experience continuously healthy skin regardless of their age or unique skin condition. For more information, visit www.zoskinhealth.com.
About Zein Obagi, M.D.
Researcher, innovator, scientist, published author, lecturer and board-certified dermatologist, Dr. Zein Obagi has achieved international renown as a leading authority on skin rejuvenation. He is the ZO Skin Health, Inc. founder and medical director and is responsible for the development of new skincare treatments, protocols and products to achieve healthy skin.
Twenty years ago, Dr. Zein Obagi pioneered the concept of skin health and conceived of, and brought to market, a line of medical skincare products – the original Obagi Nu-Derm® System – that transformed aging skin. Dr. Obagi founded WorldWide Products, which produced and marketed the original Obagi Nu-Derm® System. At that time, Dr. Obagi merely intended to challenge the norms of traditional skin care. Instead he shattered the status quo. Today his ideas about skin health are no longer surprising; they have become mainstream. Subsequently WorldWide was purchased by Obagi Medical Products, Inc., a company with which Dr. Obagi no longer has any affiliation, but which retained his family name (Obagi®) as their trademark.
ZO Skin Health, Inc. and Dr. Obagi have no business relationship with Obagi Medical Products, and Obagi Medical Products does not sell or endorse using any ZO® product. "ZO" is a registered trademark of ZO Skin Health, Inc. "Obagi" and "Obagi Nu-Derm" are registered trademarks of Obagi Medical Products, Inc.
SOURCE ZO Skin Health, Inc.
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