BTL Reaches Lawsuit Settlement with Illinois Business Using Counterfeit EMSCULPT Device
Oct 22, 2021 2:09 PM ET
Legal Newswire POWERED BY LAW.COM
BTL Industries, Inc. announced today that it has reached a settlement after pursuing legal action against Illinois business Beautiful by Pinky LLC d/b/a Pinky Promise Beauty, who it accused of unauthorized use of the EMSCULPT trademark to advertise and provide body sculpting treatments via a counterfeit or knockoff non-EMSCULPT device.
The suit, filed in the United States District Court for the Northern District of Illinois, sought to prevent Pinky Promise from infringing upon and using BTL's EMSCULPT trademark in its promotion of treatments administered by a counterfeit non-EMSCULPT device. The suit also sought monetary damages. In a consent judgment entered October 6, 2021 by the court, Pinky Promise agreed to cease all use of BTL's trademarks and copyrighted images in marketing its services, pay BTL monetary damages, and forfeit the counterfeit non-EMSCULPT device to BTL.
"We will continue to vigorously defend against counterfeit devices and the harm they represent to the body contouring market," stated Ron Borsheim, VP of Business Development. "We are also committed to protecting our intellectual property and the substantial investments our customers have made, and to preserve the leadership position we have developed in the aesthetic market over many years of effort."
Pinky Promise had purchased the counterfeit EMSCULPT device online from a foreign manufacturer. Although Pinky Promise did not manufacture the counterfeit device, Pinky Promise was still liable to BTL Industries, Inc. for advertising its treatments as being administered via an EMSCULPT device. A spokesperson for Pinky Promise cautioned spa service providers of being deceived by sellers of counterfeit and knockoff EMSCULPT devices, which are not FDA cleared. "I was incorrect to trust the authenticity and efficacy of a device sold by someone other than BTL. I wish I had done more research on this particular manufacturer before placing the order and advertising the product as an EMSCULPT device."
EMSCULPT uses high intensity focused electromagnetic energy technology (HIFEMŠ) to induce powerful muscle contractions not achievable through voluntary contractions. BTL's proprietary protocols create supramaximal muscle contractions that force muscle tissue to adapt to such extreme conditions. The EMSCULPT went through many years of research and development before launching in the United States in 2018. BTL was the first to apply its patented high intensity focused electromagnetic energy technology to aesthetics, and since then Emsculpt has received numerous awards and industry recognition. For more details, go to www.emsculpt.com.
BTL Industries, Inc.
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