The HydraFacial Company filed a complaint against Michigan Body Contours and Cosmetics LLC, accusing the defendant of trademark infringement and violating the Michigan Consumer Protection Act.
The plaintiff distinguishes and identifies its patented products and services with its HYDRAFACIAL trademarks, used as early as 2005 and dated as federally registered from 2018. The complaint asserts that the defendant is not a licensee of the plaintiff’s intellectual property.
The complaint explains that “HydraFacial researches, develops, manufactures, markets, licenses, and sells a variety of hydrodermabrasion methods, equipment, services, and products…”
According to the complaint, the defendant competes with the plaintiff’s authorized licenses by offering products and services similar to the HYDRAFACIAL marks. The complaint alleges that despite the plaintiff’s cease and desist letters, the defendant continues to offer the trademark infringing products and services which obtain successful profits. The complaint finally asserts that the defendant’s trademark infringement has caused irreparable financial and reputable harm to the plaintiff for which monetary relief is ineffective.
The plaintiff seeks the following for relief: recovery of lost profits, enjoinment of the defendant from further use of the HYDRAFACIAL marks, and costs and disbursements.
The plaintiff is represented by Fishman Stewart PLLC.