Last Friday, ZO Skin Health, Inc. (ZOSH) filed a complaint in the Central District of California against ForeverYoung – Laser Center, Weight Management & Medical Spa, LLC for breaching their contract and trademark infringement for selling ZOSH products on the internet.
ZOSH makes medical grade cosmetic and skin care products that are “exclusively sold through a network of licensed physicians that operate throughout the United States,” according to the complaint. The plaintiff has an Anti-Diversion Program that “aggressively pursues those who sell or attempt to sell ZO Products on the Internet or any other methods of distance selling” to ensure that only their partnered physicians can sell their products. The plaintiff claims that in April 2020, ForeverYoung signed an agreement to sell ZOSH products “only in certain channels and to not sell the ZO Products on the Internet in any manner” yet were later found to be selling the plaintiff’s goods on Amazon.
According to the complaint, ForeverYoung willingly received numerous large shipments of products, which it sold and is still selling on Amazon in violation of its contract with the plaintiff. ZOSH claimed that it has “suffered and will continue to suffer significant monetary harm as a direct result of ForeverYoung’s misconduct” since ZOSH’s reputation, goodwill, relationships, intellectual property and brand integrity have been irreparably harmed.
The plaintiff seeks to stop the ongoing infringement of the trademark and reselling of its products on Amazon and other e-commerce websites. As a result, ZOSH is suing on the counts of trademark infringement, false advertising, unfair competition, trademark dilution, breach of contract, and intentional interference with contractual relations.
The plaintiff is seeking general, special and compensatory damages, restitution and/or disgorgement, injunctive relief prohibiting ForeverYoung from unfair competition, prejudgment interest, attorney’s fees and costs, and other relief.
ZO Skin Health is represented by Finlayson Toffer Roosevelt & Lilly LLP.
