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Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.1 Filed 08/15/22 Page 1 of 17
`
`UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF MICHIGAN
`
`
`
`EDGE SYSTEMS LLC, dba THE
`HYDRAFACIAL COMPANY
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`
`
`
`
`
`MICHIGAN BODY CONTOURS
`& COSMETICS, LLC, dba MI BODY
`CONTOURS & COSMETICS
`
`
`
`
`
`Defendant.
`_________________________________/
`
`
`
`
`Case No.
`Hon.
`
`
`
`
`
`COMPLAINT FOR TRADEMARK INFRINGEMENT AND
`UNFAIR COMPETITION (INJUNCTIVE RELIEF SOUGHT)
`
`Plaintiff Edge Systems LLC, dba The HydraFacial Company
`
`(“HydraFacial”), for its complaint against Defendant Michigan Body Contours &
`
`Cosmetics, LLC, dba MI Body Contours & Cosmetics (“MI Body Contours”),
`
`hereby alleges as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`HydraFacial’s claims arise under the Trademark Act of 1946 (the
`
`Lanham Act), as amended by the Trademark Dilution Revision Act of 2006
`
`(15 U.S.C. §§ 1051, et seq.). This Court has jurisdiction over such claims pursuant
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.2 Filed 08/15/22 Page 2 of 17
`
`to 28 U.S.C. §§ 1338 (a) and 1338 (b) (trademark and unfair competition),
`
`28 U.S.C. § 1331 (federal question) and 15 U.S.C. § 1121 (Lanham Act). This
`
`Court has supplemental jurisdiction over the remaining state law claims under 28
`
`U.S.C. § 1367.
`
`2.
`
`HydraFacial is informed and believes that venue is proper in this
`
`Court under 28 U.S.C. § 1391(b) because MI Body Contours transacts affairs in
`
`this district and because a substantial part of the events giving rise to the claims
`
`asserted arose in this district.
`
`PARTIES
`
`3.
`
`HydraFacial is a California Limited Liability Company with its
`
`principal place of business at 2165 E. Spring Street, Long Beach, CA 90806.
`
`Operating since approximately 1997, HydraFacial is one of the companies most
`
`recognized and best known in the world for “hydrodermabrasion” products and
`
`services. HydraFacial researches, develops, manufactures, markets, licenses, and
`
`sells a variety of hydrodermabrasion methods, equipment, services, and products,
`
`including its well-known HYDRAFACIAL® branded products and services, as
`
`well as other skincare methods, services, and products.
`
`2
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.3 Filed 08/15/22 Page 3 of 17
`
`4.
`
`HydraFacial is informed and believes that defendant, MI Body
`
`Contours, is a Michigan LLC headquartered at 17000 Executive Drive Plaza, Suite
`
`204, Dearborn MI 48126, having as its resident agent Nouhad Bazzi.
`
`5.
`
`On information and belief, MI Body Contours offers and performs
`
`cosmetic surgery and non-invasive cosmetic and aesthetician services and
`
`products, including facials and facial treatments, in Dearborn, Michigan, in this
`
`judicial district. MI Body Contours is responsible for the wrongful conduct alleged
`
`in this Complaint.
`
`FACTS AND ALLEGATIONS COMMON TO ALL CLAIMS
`
`HydraFacial’s “HydraFacial” Trademark
`
`6.
`
`HydraFacial distinguishes and identifies its hydrodermabrasion
`
`equipment and services, and related products, with its HYDRAFACIAL Marks. It
`
`does business under its “The HydraFacial Company” and “HydraFacial”
`
`tradenames. For many years prior to the events giving rise to this Complaint and
`
`continuing into the present, HydraFacial spent great amounts of time, money, and
`
`effort advertising and promoting its products and services under its
`
`HYDRAFACIAL Marks. HydraFacial’s hydrodermabrasion equipment and
`
`related serums are offered and sold on a massive scale all over the world, including
`
`throughout the United States and in Michigan, all under HydraFacial’s
`
`3
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.4 Filed 08/15/22 Page 4 of 17
`
`HYDRAFACIAL Marks. Through its investments and sales volumes, HydraFacial
`
`has created considerable goodwill and a reputation for high-quality products,
`
`methods, and technology. For long over a decade, HydraFacial continuously has
`
`used its HYDRAFACIAL Marks to distinguish its hydrodermabrasion products
`
`and services.
`
`7.
`
`HydraFacial owns patented technologies, methods, and machines for
`
`“controlled removal of epidermal layers” and “methods for treating the skin using
`
`vacuum,” which are shown in United States Patent Nos. 6641591, 7678120,
`
`7789886, 8066716, 8337513, and 9468464, among others. HydraFacial licenses its
`
`HYDRAFACIAL Marks to aestheticians who purchase HydraFacial’s patented
`
`equipment and use it properly with HydraFacial’s related products and serums.
`
`HydraFacial strictly controls the use by licensees of its HYDRAFACIAL
`
`trademark and requires that its licensees meet and maintain its high standards for
`
`the quality of services, methods, products, and practices, among other
`
`requirements.
`
`8. Many of HydraFacial’s trademarks are federally registered; all are in
`
`full force and effect, valid and protectable, and exclusively owned by HydraFacial.
`
`HydraFacial continuously has used each of its trademarks, from the registration
`
`4
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.5 Filed 08/15/22 Page 5 of 17
`
`date or earlier, until the present and during all time periods relevant to
`
`HydraFacial’s claims.
`
`9.
`
`HydraFacial owns, among others, the following United States
`
`Registrations for its trademarks, attached as Exhibit A the “Hydrafacial
`
`Registrations”). Some of these registrations have become incontestable under the
`
`provisions of 15 U.S.C. § 1065.
`
`a.
`
`Registration No. 4,317,059 for HYDRAFACIAL (first use
`
`August 12, 2005; Sections 8 and 15 accepted and acknowledged June 27,
`
`2018);
`
`b.
`
`Registration No. 4,738,970 for HYDRAFACIAL (first use
`
`May 17, 2005; Sections 8 and 15 accepted and acknowledged August 14,
`
`2020);
`
`c.
`
`Registration No. 3,341,027 for HYDRAFACIAL MD (first use
`
`February 15, 2005; registered May 19, 2015);
`
`d.
`
`Registration No. 4,738,971 for HYDRAFACIAL MD (first use
`
`May 17, 2005; registered May 19, 2015);
`
`e.
`
`Registration No. 5,012,576 for HYDRAFACIAL MD CTGF
`
`(first use February 6, 2005; registered August 2, 2016);
`
`5
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.6 Filed 08/15/22 Page 6 of 17
`
`f.
`
`Registration No. 6,080,194 for HYDRAFACIAL KERAVIVE
`
`(first use January 6, 2020; registered June 16, 2020);
`
`g.
`
`Registration No. 6,030,752 for HYDRAFACIAL KERAVIVE
`
`(first use January 6, 2020; registered April 7, 2020);
`
`h.
`
`Registration No. 3,500,086 for HYDROPEEL (first use
`
`May 17, 2005; Sections 8 and 15 accepted and acknowledged on
`
`September 2, 2014, and renewed August 7, 2018);
`
`10. Examples of HydraFacial’s use of its HYDRAFACIAL Marks are
`
`attached as Exhibit B.
`
`These marks of the Hydrafacial Registrations and HydraFacial’s common law
`
`trademarks are collectively referred to as “HYDRAFACIAL Marks.”
`
`HydraFacial’s Licensees also use HydraFacial’s HYDRAFACIAL Marks to
`
`promote authentic HYDRAFACIAL services in competition with MI Body
`
`Contours.
`
`MI Body Contours’ Infringement of HydraFacial’s HYDRAFACIAL Marks
`
`11. MI Body Contours is not a licensee of HydraFacial’s intellectual
`
`property, including of any of HydraFacial’s HYDRAFACIAL Marks or patents.
`
`12. Yet, beginning at some time in the past and continuing until the
`
`present, MI Body Contours has, without HydraFacial’s permission, promoted and
`
`6
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.7 Filed 08/15/22 Page 7 of 17
`
`sold services under designations that infringe HydraFacial’s HYDRAFACIAL
`
`Marks.
`
`13.
`
`In competition with HydraFacial’s authorized licensees, MI Body
`
`Contours offers hydrodermabrasion services and related products under the names
`
`“Hydrafacial” and Hydra Facial” (collectively “MI Body Contours Hydrafacial
`
`Designations”). The following is a screen shot from MI Body Contours’ website:
`
`
`
`
`
`MI Body Contours’ services under the MI Body Contours Hydrafacial
`
`Designations are highly similar to services provided under HydraFacial’s
`
`HYDRAFACIAL Marks and are likely to confuse consumers about (1) the source
`
`7
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.8 Filed 08/15/22 Page 8 of 17
`
`of MI Body Contours’ services and products and/or (2) about a relationship
`
`between MI Body Contours and HydraFacial.
`
`14. MI Body Contours has continued to use the MI Body Contours
`
`Hydrafacial Designations after receiving HydraFacial’s repeated demands that it
`
`cease and desist. There is no question, therefore, that MI Body Contours has acted
`
`deliberately and with intent to misappropriate HydraFacial’s goodwill and
`
`reputation, and to cause great damage to HydraFacial’s HYDRAFACIAL Marks.
`
`Examples of MI Body Contours’ use of the MI Body Contours Hydrafacial
`
`Designations are attached to this Complaint as Exhibit C.
`
`15. HydraFacial is informed and believes that MI Body Contours has
`
`provided a large quantity of facial services under the MI Body Contours
`
`Hydrafacial Designations and has obtained and continues to obtain substantial
`
`profits from such sales.
`
`16. MI Body Contours’ actions have caused and will continue to cause
`
`HydraFacial substantial damages and also irreparable harm for which money
`
`damages and other remedies are inadequate. Unless MI Body Contours is
`
`restrained by this Court, it will continue and/or expand its illegal activities and
`
`otherwise continue to cause great and irreparable damage and injury to
`
`HydraFacial by, among other things:
`
`8
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.9 Filed 08/15/22 Page 9 of 17
`
`a.
`
`Depriving HydraFacial of its statutory rights to use and control
`
`use of its trademarks;
`
`b.
`
`Creating a likelihood of confusion, mistake, and deception
`
`among consumers and the trade as to the source of the infringing services
`
`and products;
`
`c.
`
`Causing the public falsely to associate HydraFacial with MI
`
`Body Contours and/or its products, or services, or vice versa;
`
`d.
`
`Causing incalculable and irreparable damage to HydraFacial’s
`
`goodwill and relationships with its licensees, and eroding the capacity of its
`
`HYDRAFACIAL Marks to differentiate HydraFacial’s methods, products,
`
`and services from others;
`
`e.
`
`Causing irreparable damage to the public who unwittingly
`
`undergo potentially damaging facial treatments with an unlicensed,
`
`untrained and rogue entity;
`
`f.
`
`Causing HydraFacial and its licensees to lose revenue; and
`
`g.
`
`Causing HydraFacial to lose sales of its genuine products and
`
`services.
`
`9
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.10 Filed 08/15/22 Page 10 of 17
`
`17. Accordingly, in addition to other relief sought, HydraFacial is entitled
`
`to injunctive relief against MI Body Contours, its professional service providers,
`
`owners and successors, and all persons acting in concert with it.
`
`FIRST CLAIM
`FEDERAL TRADEMARK INFRINGEMENT
`(15 U.S.C. §§ 1114-1117; Lanham Act § 32)
`
`18. HydraFacial realleges and incorporates by reference each of the
`
`allegations contained in paragraphs 1 through 17 of this Complaint.
`
`19. Without HydraFacial’s consent, MI Body Contours has used the MI
`
`Body Contours Hydrafacial Designations in connection with selling, offering for
`
`sale, advertising, and provision of its services. These uses infringe HydraFacial’s
`
`registered trademarks and its HYDRAFACIAL Marks.
`
`20. MI Body Contours committed these acts of trademark infringement
`
`with the intent to cause confusion, mistake, or deception, to cause harm to
`
`HydraFacial and consumers, and has violated 15 U.S.C. § 1114.
`
`21. As a direct and proximate result of MI Body Contours infringing
`
`activities, HydraFacial is entitled to recover MI Body Contours’ unlawful profits
`
`and HydraFacial’s substantial damages under 15 U.S.C. 1117(a).
`
`22. MI Body Contours’ infringement of HydraFacial’s HYDRAFACIAL
`
`Marks is an exceptional case and intentional, thereby entitling HydraFacial to
`
`10
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.11 Filed 08/15/22 Page 11 of 17
`
`treble the amount of its damages and MI Body Contours’ profits, and to an award
`
`of attorneys’ fees under 15 U.S.C. §§ 1117(a).
`
`23. As a result of the irreparable and ongoing damage to HydraFacial and
`
`to the public caused by MI Body Contours, HydraFacial is entitled to injunctive
`
`relief pursuant to 15 U.S.C. 1116(a).
`
`SECOND CLAIM
`FEDERAL UNFAIR COMPETITION
`(False Designation of Origin and False Description)
`(15 U.S.C. § 1125(a); Lanham Act § 43(a))
`
`
`
`24. HydraFacial realleges and incorporates by reference each of the
`
`allegations contained in paragraphs 1 through 23 of this Complaint.
`
`25. MI Body Contours’ uses of the Hydrafacial Designations tend falsely
`
`to describe its products and services within the meaning of 15 U.S.C. § 1125(a)(1).
`
`MI Body Contours’ conduct is likely to cause confusion, mistake, or deception by
`
`or in the public as to the affiliation, connection, association, origin, sponsorship, or
`
`approval of MI Body Contours’ products and services to the detriment of
`
`HydraFacial and consumers and in violation of 15 U.S.C. § 1125(a)(1).
`
`26. As a direct and proximate result of MI Body Contours’ infringing
`
`activities, HydraFacial is entitled to recover MI Body Contours’ unlawful profits
`
`and HydraFacial’s substantial damages under 15 U.S.C. § 1117(a).
`
`11
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.12 Filed 08/15/22 Page 12 of 17
`
`27. MI Body Contours’ infringement of HydraFacial’s HYDRAFACIAL
`
`Marks is an exceptional case and was intentional, thereby entitling HydraFacial to
`
`treble the amount of its damages and profits and to an award of attorneys’ fees
`
`under 15 U.S.C. § 1117(a).
`
`28. As a result of the irreparable and ongoing damage to HydraFacial and
`
`to the public caused by MI Body Contours, HydraFacial is entitled to injunctive
`
`relief pursuant to 15 U.S.C. § 1116(a).
`
`THIRD CLAIM
`MICHIGAN CONSUMER PROTECTION ACT
`(MCL §445.901 et seq)
`
`29. HydraFacial realleges and incorporates by reference each of the
`
`allegations contained in paragraphs 1 through 28 of this Complaint.
`
`30. MI Body Contours’ conduct causes a probability of confusion or
`
`misunderstanding as to the source, sponsorship, approval, or certification of its
`
`goods or services. MI Body Contours also represents to the public that its services
`
`have been sponsored or approved by HydraFacial and are provided with serums
`
`and equipment by professionals authorized by HydraFacial to perform genuine
`
`HYDRAFACIAL services.
`
`31. Due to MI Body Contours’ actions in violation of the Michigan
`
`Consumer Protection law, and as a result of the irreparable and ongoing damage to
`
`12
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.13 Filed 08/15/22 Page 13 of 17
`
`HydraFacial and to the public caused by MI Body Contours, HydraFacial is
`
`entitled to a declaratory judgment that MI Body Contours’ actions are unlawful,
`
`that it should be enjoined from performing the acts alleged in this Complaint, and
`
`that Plaintiff is entitled to the greater of its actual damages or $250 and its
`
`attorneys’ fees.
`
`PRAYER FOR JUDGMENT
`
`WHEREFORE, HydraFacial prays that this Court grant it the following
`
`relief:
`
`1.
`
`Adjudge that HydraFacial’s HYDRAFACIAL Marks have been
`
`infringed by MI Body Contours in violation of HydraFacial’s rights under 15
`
`U.S.C. § 1114;
`
`2.
`
`Adjudge that MI Body Contours has competed unfairly with
`
`HydraFacial in violation of HydraFacial’s rights under 15 U.S.C. § 1125(a);
`
`3.
`
`Adjudge that MI Body Contours has violated the Michigan Consumer
`
`Protection Act;
`
`4.
`
`Adjudge that MI Body Contours and its agents, employees, attorneys,
`
`successors, assigns, affiliates, and joint venturers and any person(s) in active
`
`concert or participation with it, and/or any person(s) acting for, with, by, through
`
`13
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.14 Filed 08/15/22 Page 14 of 17
`
`or under it, be enjoined and restrained at first during the pendency of this action
`
`and thereafter permanently from:
`
`a. Manufacturing, producing, sourcing, importing, exporting,
`
`selling, buying, offering for sale, distributing, licensing, advertising, or
`
`promoting any goods or services, using any words, symbols or designs that
`
`so resemble HydraFacial’s HYDRAFACIAL Marks as to be likely to cause
`
`confusion, mistake or deception, on or in connection with any product that is
`
`not authorized by or for HydraFacial, including without limitation the MI
`
`Body Contours Hydrafacial Designations, or any other approximation of
`
`HydraFacial’s HYDRAFACIAL Marks;
`
`b.
`
`Using any word, term, name, symbol, device, or combination
`
`thereof, including without limitation, the MI Body Contours Hydrafacial
`
`Designations, that causes or is likely to cause confusion, mistake, or
`
`deception as to the affiliation or association of MI Body Contours or its
`
`goods and services with HydraFacial or as to the origin of MI Body
`
`Contours’ goods or the products and methods used in MI Body Contours’
`
`services, or any false designation of origin, false or misleading description or
`
`representation of fact, or any false or misleading advertising;
`
`14
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.15 Filed 08/15/22 Page 15 of 17
`
`c.
`
`Claiming trademark rights in any of the MI Body Contours
`
`Hydrafacial Designations, or any other word, symbol, or design that is
`
`confusingly similar to the HYDRAFACIAL Marks, including by applying
`
`now or in the future for federal or state registration of trademarks
`
`comprising the MI Body Contours Hydrafacial Designations, or any other
`
`word, symbol, or design that is similar to the HYDRAFACIAL Marks;
`
`d.
`
`Further infringing the rights of HydraFacial in and to any of its
`
`trademarks in its HYDRAFACIAL brand methods, products, and services,
`
`or otherwise damaging HydraFacial’s goodwill or business reputation;
`
`e.
`
`Otherwise competing unfairly with HydraFacial in any manner;
`
`and
`
`f.
`
`Continuing to perform in any manner whatsoever any of the
`
`other acts complained of in this Complaint;
`
`5.
`
`Adjudge that MI Body Contours, within thirty (30) days after service
`
`of the judgment demanded herein, be required to file with this Court and serve
`
`upon HydraFacial’s counsel a written report under oath setting forth in detail the
`
`manner in which it has complied with the judgment;
`
`15
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.16 Filed 08/15/22 Page 16 of 17
`
`6.
`
`Adjudge that HydraFacial recover from MI Body Contours its
`
`damages and lost profits, and MI Body Contours’ profits, in an amount to be
`
`proven at trial, as well as damages available under Michigan law;
`
`7.
`
`Adjudge that MI Body Contours be required to account for any profits
`
`that are attributable to its illegal acts, and that HydraFacial be awarded (1) MI
`
`Body Contours’ profits and (2) all damages sustained by HydraFacial, under 15
`
`U.S.C. § 1117, plus prejudgment interest;
`
`8.
`
`Adjudge that the amounts awarded to HydraFacial pursuant to 15
`
`U.S.C. § 1117 shall be trebled;
`
`9.
`
`Order an accounting of and impose a constructive trust on all of MI
`
`Body Contours’ funds and assets that arise out of its infringing activities;
`
`10. Adjudge that HydraFacial be awarded its costs and disbursements
`
`incurred in connection with this action, including HydraFacial’s reasonable
`
`attorneys’ fees and investigative expenses; and
`
`11. Adjudge that all such other relief be awarded to HydraFacial as this
`
`Court deems just and proper.
`
`16
`
`

`

`Case 2:22-cv-11900-BAF-KGA ECF No. 1, PageID.17 Filed 08/15/22 Page 17 of 17
`
`DEMAND FOR JURY TRIAL
`
`HydraFacial hereby demands that this action be tried to a jury.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: August 15, 2022
`
`
`
`
`Respectfully submitted,
`
`FISHMAN STEWART PLLC
`
`
`
`
`
`
`
`
`
`
`By:
`Barbara L. Mandell (P36437)
`Julie A. Greenberg (P38299)
`800 Tower Drive, Suite 610
`Troy, Michigan 48098
`Phone: (248) 593-3331
`Fax: (248) 594-0610
`bmandell@fishstewip.com
`jgreenberg@fishstewip.com
`Attorneys for Plaintiff
`
`OF COUNSEL FOR PLAINTIFF:
`
`VERSO LAW GROUP LLP
`GREGORY S. GILCHRIST
`(Cal. State Bar No. 111536)
`PAYMANEH PARHAMI
`(Cal. State Bar No. 335604)
`209 Kearny St., Suite 300
`San Francisco, California 94108
`Telephone: (415) 576-0200
`Facsimile:
`(415) 576-0300
`ggilchrist@kilpatricktownsend.com
`bstrnad@kilpatricktownsend.com
`
`17
`
`

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