MIAMI – A California business alleges a Miami company offers similar services using a counterfeit copy of the plaintiff's device.
Zeltiq Aesthetics Inc. filed a complaint on June 20 in the U.S. District Court for the Southern District of Florida against Wax Bar & Skin Care Lounge Miami Inc. and Lizette Restrepo alleging trademark infringement, false advertising, false designation of origin and unfair competition.
According to the complaint, the plaintiff alleges that Zeltiq Aesthetics Inc. suffered damages to its business due to a counterfeit copy of its cryolipolysis device, marketed as CoolSculpting, being used to offer similar services to consumers by the defendant. The plaintiff holds Wax Bar & Skin Care Lounge Miami Inc. and Restrepo responsible because the defendants allegedly offer similar services as plaintiff using a counterfeit device that has not been cleared by the U.S Food and Drug Administration.
The plaintiff seeks to enjoin the defendant from further using the CoolSculpting mark, perform any act that would confuse the consumers that they are affiliated with plaintiff and that they can provide the same service quality, surrender all devices used to provide the services rendered, all damages, participate in a corrective advertising to all customers, interest, all legal fees and any other relief as this court deems just. It is represented by Jesse H. Diner and S. Carey Villeneuve of Buchanan Ingersoll & Rooney in Fort Lauderdale and Carrie A. Shufflebarger of Thompson Hine LLP in Cincinnati.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-22321-UU