Battle To Protect Premiere Skin Care Line In Full Throttle; ZO Skin Health, Inc. Files John Doe Claim; Subpoenas 20 Major Websites
IRVINE, Calif., April 4, 2013 /PRNewswire/ -- ZO Skin Health, Inc., developer of medical grade and aesthetic skin health products available exclusively through contracted physicians, and with a zero tolerance Internet policy on unauthorized sales, has filed a comprehensive claim involving big name distributors across the nation.
"We have taken, and will continue to take, a very hard line against these opportunistic diverters and 3 rd party Internet pirates in their veiled crime activities," says Jim Headley, CEO and President of ZO Skin Health, Inc. "Our top concern is the huge risk this illegal conduct poses to consumers and our loyal physician customers." Headley made it clear in earlier suits filed regarding unauthorized Internet sales that the company is "fiercely committed to protecting our reputation for high quality products crafted through years of research and cutting-edge science. Tracking black market dealers is expensive and difficult, however, it will not dissuade ZO Skin Health, Inc. from taking legal action against theses brandjackers to protect the consumer, the physician, and the brand."
In ZO Skin Health, Inc. vs. John Does 1-10 (Case No. 30-2013-00639976-CU-BC-CJC), filed March 27, 2013 in Orange County Superior Court, the company contends that it does not permit the sale of its products on unauthorized Internet sites including Amazon.com and eBay. Products can only be legally obtained from an authorized distributor. Charging that some of its authorized distributors have violated the sales agreement, which clearly prohibits the resale of the product on the Internet, ZO Skin Health, Inc. demands removal of all products from the illegal Internet sites and seeks damages to be determined by the court.
Dr. Bradley Calobrace of Calobrace Plastic Surgery Center in Louisville, Kentucky explains, "Any doctor would be alarmed if a patient self-prescribes and then purchases physician-dispensed skincare products from the Internet. ZO Medical is available exclusively through physicians because medical supervision is requisite to ensure proper use and patient satisfaction." Each patient is evaluated to determine whether the use of the product is appropriate for them, "This critical step is bypassed when unauthorized Internet sales of medical-grade skin care products make their way to the consumer," cautions Dr. Calobrace. "It is encouraging to see a company willing to fight hard in protecting what is at stake here."To identify those responsible for violating the sales agreement with ZO Skin Health, Inc., subpoenas are being served on all unauthorized websites selling ZO® products. To identify and locate the owners of these websites, the company has retained Cyber Investigation Services, a global firm specializing in cyber crimes and asset tracing and recovery. Through information gained from the subpoenas, once identified as the source of providing Internet retailers with ZO Skin Health, Inc. products, these individuals will be named as parties in breach of contract.
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