Dermapen filed a lawsuit in the United States District Court
Dear Valued Practitioner,
It has come to our attention that certain individuals may be approaching our Dermapen® customers with products and information that may be causing some confusion. We at Derma Pen, LLC are dedicated to our customers, our product, and our people and want to take this opportunity to inform you of the facts.
On October 3, 2012 Derma Pen, LLC, based in Salt Lake City, Utah, became the owner of the U.S. trademark rights to the mark DERMAPEN® for use in connection with skin treatment devices using multiple needs in a vibrating method for performing skin treatment procedures. Derma Pen, LLC is also the owner of U.S.Trademark Registration No. 4,096,295, which is evidence of Derma Pen, LLC ownership and exclusive right to use the DERMAPEN® mark in the U.S. for the aforementioned goods and to stop others from using the DERMAPEN® mark in a manner that is likely to cause confusion in the U.S.
On August 1, 2013, Derma Pen, LLC filed a lawsuit in the United States District Court for the District of Utah against, among other defendants, Equipmed International PTY LTD and its owner, Stene Marshall. In the lawsuit, Derma Pen, LLC asserts numerous claims including trademark infringement related to its exclusive U.S. rights to the DERMAPEN® mark. Notwithstanding the pending lawsuit, Derma Pen, LLC has learned that one or more individuals are claiming to be the true “Dermapen” and attempting to convert Derma Pen, LLC’s customers to infringing products labeled with “DERMAPEN”, including but not limited to the Dermapen 3 device. Such individuals are not affiliated and/or endorsed by Derma Pen, LLC and do not have permission to offer products under the DERMAPEN® mark. Derma Pen, LLC considers such products to be counterfeit goods under the Trademark Counterfeiting Act of 1984.
Should you be approached by such individuals, we request that you contact Derma Pen, LLC at your earliest convenience. Derma Pen, LLC will notify the proper authorities and take appropriate legal action against the individuals and companies that are wrongfully representing themselves as offering authorized DERMAPEN products.
If you have any questions regarding the foregoing, please contact Jeremy Jones of Derma Pen, LLC through any of the below listed methods. We apologize for this inconvenience and thank you for your continued business.
By Mail: Derma Pen, LLC
3216 South Highland Drive, Suite 302
Salt Lake City, UT 84106
By Email: [email protected]
By Phone: (724) 633-7620