Late last week, a case was filed in the District Court of Nevada by ZO Skin Health, Inc. against Skincare Market, Inc. The case alleges that Skincare Market has been deliberately infringing the trademark of ZO Skin Health (ZOSH).
According to the complaint, ZOSH is a designer and producer of medical grade skincare products with cosmetic and medical application. Due to the medical applications, ZOSH products are regulated by the FDA for quality control and for efficacy, the plaintiff added. As a result, ZOSH products are said to only sold through licensed physicians due to possible medical side-effects.
In the complaint, the plaintiff lists multiple methods for protecting trademark and preventing unauthorized distribution, including requiring the vending physicians to maintain inventory tracking, policing the use of the trademark online, and requiring direct consultation with approved vendors prior to purchase.
The defendant is accused of directly posting the plaintiff’s product for sale without consultation and without being an approved vendor, which allegedly circumvents both the plaintiff’s quality control as well as trademark protections.
ZOSH products are only sold through licensed physicians due to possible medical side-effects. In the complaint, the plaintiff lists multiple methods for protecting trademark and preventing unauthorized distribution, including requiring the vending physicians to maintain inventory tracking, policing the use of the trademark online, and requiring direct consultation with approved vendors prior to purchase.
The defendant is accused of directly posting the plaintiff’s product for sale without the required the consultation and without being an approved vendor, which allegedly circumvents both the plaintiff’s quality control as well as trademark protections.
The plaintiff is suing for trademark infringement, false advertising, unfair competition, trademark dilution, intentional interference with contractual relations, unfair competition, and civil RICO. They are represented by the Dvorak Law Group.
