Last updated on September 18th, 2019
LEGAL NOTICE TO ALL PRACTITIONERS USING DERMAPEN 3 DEVICES
FOR IMMEDIATE RELEASE:
If you have purchased a Dermapen3 micro-needling device from any of the following entities: (i) Dermapenworld; (ii) DermapenUSA; (iii) DermapenofUtah; (iv) Equipmed International Pty., Ltd.; (v) Biosoft Aus Pty., Ltd.; (vi) or Dermapen World, LLC, the United Stated District Court for the District of Utah has found and ordered that the use and sale of the Dermapen3 device is fraudulent and the micro- needling device is counterfeit.
On May 9, 2017, the United States District Court for the District of Utah entered a FINAL JUDGMENT AND PERMANENT INJUNCTION against Equipmed International Pty. Ltd., Biosoft Aus Pty. Ltd., 4EverYoung Ltd., and Stene Marshall, collectively doing business as “Dermapenworld”. In entering the Judgment in excess of $15,000,000.00 against the above-named entities, the Court found, without limitation, the following:
– Dermapenworld has never owned, nor has it had the rights to use the mark DERMAPEN® or tradename “Dermapen” in the United States.
– Dermapenworld made misrepresentations to customers and illegally solicited customers of Derma Pen.
– Any sales of “Dermapen” branded devices or usage of the DERMAPEN® Mark constitutes the sale of counterfeit devices.
– Dermapenworld was obligated to destroy all devices or deliver up to Derma Pen all devices sold in the United States, including customers whom it sold to.
Additionally, the above-named entities known as Dermapenworld are subject to the Court’s Permanent Injunction:
– Dermapenworld and anyone acting in active concert with, assisting or enabling Dermapenworld is permanently enjoined and forbidden to sell micro-needling devices or tips to any person or company within the United States, regardless if the device or tips identify the mark “Dermapen”, to whom it has ever sold devices or products using the DERMAPEN® Mark or Dermapen tradename.
– Dermapenworld is permanently enjoined from selling any devices to any customer, whether new or previous customers, that bear the Dermapen® Mark or “Dermapen” tradename or any variation, words of similar import, or abbreviations of “Dermapen”.
Accordingly, Dermapenworld’s marketing, solicitation or sale of the device bearing the name Dermapen4 or variations thereof are subject to the Court’s permanent injunction and any attempted sale is in violation of Federal Law.
Derma Pen IP Holdings, LLC is the registered owner of the DERMAPEN® Mark and with F.D. Holdings, LLC, is the only entity to have the rights to use the DERMAPEN® Marks and “Dermapen” tradename within the United States. All other entities, including without limitation Dermapenworld, attempt to sell products bearing the “Dermapen” tradename are counterfeit and fraudulent. We will vigorously pursue the use of counterfeit products and fraudulent DERMAPEN® products in the United States which violate our legal rights.
F.D. Holdings, LLC and Dermapen IP Holdings, LLC realize that it is possible you have been victimized by Dermapenworld, its owners, agents, employees or associates. Sales of these counterfeit devices are in violation of the Court’s Order and use of these products by unlawful sales is in further violation of U.S. trademark law; subjecting clinics and practitioners to legal claims for trademark infringement. We further call your attention to the fact that the use of these counterfeit devices on your clients potentially exposes you to additional claims from your own clients who have been misled into believing they are receiving actual DERMAPEN® treatments.
We further realize that you have been victims of this fraud perpetuated by Dermapenworld in selling you counterfeit devices. In an effort to remedy this, we are offering a one-time offer to swap out your counterfeit device for our next generation MDerma by DERMAPEN® device. Our program is as follows:
The swap out cost for the MDerma is $2700.00 and includes the following:
- 1 MDerma Device by DermaPen
- 1 package single use disposable needling tips 30each
- 1 InDerma Hyaluronic Acid serum
- 1 InDerma Phyto Serum
- 1 InDerma Vitamin C serum
- 1 InDerma Scar Serum
- 1 package Protective Sleeves 30 each
- 5 Hydrogel recovery Masks
- 5 packs of BLT numbing agent 3 pack sleeve that you mix together at the time of the case.
Additionally, we will send to you self-addressed, pre-paid envelope to return your counterfeit device to us to be destroyed. In the event you do not return the counterfeit device within twenty (20) days, we will charge full-price for your purchase. Further, if you purchase one (1) box of needling cartridges per month, we will add you to our lead program and forward to you leads for people seeking DERMAPEN® treatments in your area.
RESERVATION OF RIGHTS
If you continue to use a counterfeit device, including without limitation Dermapen 3 or Dermapen 4 devices, we reserve our right to pursue all legal remedies available to us for any such past or future infringement to the fullest extent of the law.
If you are performing clinical trials, marketing, or performing trainings with the use of these counterfeit devices, or using the DERMANPEN® Mark without our permission, you are subject to claims for infringement on our trademarks.
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