Wisconsin Federal Court Rules in Favor of ZELTIQ Aesthetics, Inc. in Case Against Brown Health Relaxation Station & Nouvelle ...
June 02 2014 - 7:30AM
Marketwired
Wisconsin Federal Court Rules in Favor of ZELTIQ Aesthetics, Inc.
in Case Against Brown Health Relaxation Station and Nouvelle Weight
Loss Centers
Permanent Injunction Granted Against Wisconsin-Based Spa
Misleading Consumers by Performing Counterfeit CoolSculpting(R)
Procedure
PLEASANTON, CA--(Marketwired - Jun 2, 2014) - ZELTIQ Aesthetics,
Inc. (NASDAQ: ZLTQ), a medical technology company focused on
developing and commercializing products utilizing its proprietary
controlled-cooling technology platform, today announced the United
States District Court, Eastern District of Wisconsin, ruled in
favor of ZELTIQ and granted a permanent injunction against Brown
Health Relaxation Station LLC, Nouvelle Weight Loss Centers and
Melanie Brown for trademark infringement, false advertising, false
designation of origin and unfair competition arising from the
Defendants' conduct with a counterfeit device and
procedure.
ZELTIQ is the exclusive global licensee of Cryolipolysis®, the
proprietary and patented technology behind the aesthetic procedure
marketed as CoolSculpting®. Cryolipolysis is the non-invasive
cooling of adipose tissue to induce lipolysis -- the breaking down
of fat cells -- to reduce body fat without damage to other
tissues. The CoolSculpting system developed by ZELTIQ is the
only fat-freezing technology cleared by the FDA for distribution
and use in the United States. The Defendants do not own a
CoolSculpting system, nor are they trained as an authorized
provider of the CoolSculpting procedure.
In granting the injunction, the Court ruled that the Defendants
caused "irreparable harm" to ZELTIQ with their illegal marketing,
promotion and selling of the counterfeit "Freeze Sculpting"
treatments. The "Freeze Sculpting" device is not FDA cleared
and has not undergone any regulatory review or clinical
testing. As a result of the ruling, the Defendants are
permanently enjoined from misappropriating any of ZELTIQ's
trademarks or Freeze Sculpting, advertising the treatments or
otherwise confusing consumers into believing that they are
associated with ZELTIQ or the CoolSculpting procedure. Defendants
are also required to turn the counterfeit device over to ZELTIQ for
inspection and/or destruction. The court also awarded ZELTIQ
its attorneys' fees and costs incurred in bringing the federal
court action.
"We urge medical practices that are considering investing in
non-invasive fat reduction technology to make informed
choices. We also urge patients interested in the CoolSculpting
procedure to seek treatment only from authorized physician
providers within the elite network of CoolSculpting centers listed
on our website," said Sergio Garcia, ZELTIQ Senior Vice President,
General Counsel and Corporate Secretary.
"ZELTIQ has invested years of research and millions of dollars
to build a reputation based on clinically proven safety and
efficacy, and we will vigorously protect that reputation and our
intellectual property rights from counterfeit devices not cleared
by the FDA that are trading on our good name," added
Garcia. "When we learn about the distribution, promotion or
use of counterfeit devices and treatments anywhere in the U.S., we
take swift action such as the litigation we initiated in the
Federal District Court, Eastern District of Wisconsin, to stop
infringement of our intellectual property rights and other related
illegal activity."
About ZELTIQ® Aesthetics, Inc. ZELTIQ Aesthetics, Inc. is a
medical technology company focused on developing and
commercializing products utilizing its proprietary
controlled-cooling technology platform. ZELTIQ's first
commercial product, the CoolSculpting system, is designed to
selectively reduce stubborn fat that may not respond to diet or
exercise. The CoolSculpting procedure is based on the
scientific principle that fat cells are more sensitive to cold than
the overlying skin and surrounding tissues. It utilizes
patented technology of precisely controlled cooling to reduce the
temperature of fat cells in the treated area, which is intended to
cause fat cell elimination through a natural biological process
known as apoptosis. ZELTIQ developed the CoolSculpting
procedure to safely, noticeably, and measurably reduce the fat
layer.
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