Touch of Pink Cosmetics filed their response the the charges alleged by Mary Kay Inc. in their lawsuit filed May 7, 2008.
There aren’t any surprises in the response from owners Amy and Scott Weber. The Webers deny most of the allegations set forth by Mary Kay Inc. or state that they are “without sufficient information to admit or deny the allegations.”
Some Allegations That Touch of Pink Cosmetics Admits To:
1. That Amy Weber was previously a Mary Kay Consultant and that she was terminated by the company on September 17, 2005.
2. Scott and Amy Weber admit they advertise and sell Mary Kay products on the Touch of Pink website, but deny they are required to have the authorization of Mary Kay Inc. to do so.
3. Scott and Amy Weber admit they advertise and sell Mary Kay products on eBay, but deny they are required to have the authorization of Mary Kay Inc. to do so.
4. They admit that Amy Weber is no longer a Mary Kay Consultant
5. They admit that Touch of Pink Cosmetics does not purchase inventory directly from Mary Kay Inc.
All these admissions don’t add up to much. And I wouldn’t expect them to. The Webers, like any defendent, will only admit to the things in the lawsuit that they know to be absolutely true. Mary Kay Inc. has the burden to prove all the allegations in the lawsuit.
Some Allegations That Touch of Pink Cosmetics Denys:
1. That through the Touch of Pink website and eBay store, the Webers unlawfully mass market Mary Kay products across the globe.
2. That the Webers are required to have the authorization or consent of Mary Kay to use the Mary Kay name to describe the product for sale.
3. The Webers deny Mary Kay Inc.’s assumption that Touch of Pink purchased products from consultants unlawfully by inducind consultants to buy products from Mary Kay Inc. and then sell to Touch of Pink, in violation of the consultant’s Beauty Consultant Agreement.
4. That by advertising Touch of Pink online, the Webers have created the false impression in the consumer’s mind that Touch of Pink Cosmetics is affiliated with Mary Kay Inc.
That’s just a brief list.
But there are some significant allegations that the Webers deny.
More on that in my next post.
I can’t wait to hear part 2. I’ve been waiting for the Webers to hit back at this laughable lawsuit!
I have used Mary Kay Product since I was 22 years old. I am now getting ready to turn 45 and thanks to these product I don’t look it. I also have not bought Mary Kay from a consultant in over 2 years. The last 3 Mary Kay consultants I have had have been awful. They rarely know what they are talking about, if I can get ahold of them at all. Two of these consultant were snotty and rude. Leave the Webers alone. I have bought from touch of pink for over 1 year. I think they are great. Get off their back.
Susan, the only one on the Webers’ backs is Mary Kay Inc.
First, we need to consult the Legal Dept. before we do anything. It is also in the fine print of the agreement that you signed. The Company already supports us in many ways by having and updating our Websites. We do not need to separate and venture off doing our own thing without legal support. If anything happens because you ventured off on your own, it could be a bad reflection on the Company. Mary Kay worked too hard to get this company rolling. Get legal support before you do anything, no matter how simple, that way everyone is protected. God Bless us all…
I think what touch of pink is doing is terrible. they buy from poor consultants who have lots of product they are stuck with and paid alot for. who wants to loose all thsi money they are selling the her for. i have bought lots from touch of pink, but her products are in damaged packaging, products leak in shipment, she sells very expired products. i feel MK should get them out of business…
I am a consultant for Mary Kay. Soon to be former consultant. And that day is not comming soon enough. Terry, Mary Kay IS the reason that ToP is in buisness!! They guilt and push new consultants into buying a “Star” order, so they can “win” cheap prizes, and have product they can’t sell. It is great products. But what good is that if you have to chase down customers? You have to harass everyone you know,and bully them into having a “party” with friends that do not want to show up, then you have to give out discounts just to sell the product because it is over-priced. At the endof the day, you have put in so much money and time, you will be lucky to break even. The only people who make money and move up in this buisness are the people who commit to recruiting, instead of selling. Selling gets you nowhere. But making that commitment to screw every women you meet will get you places with Mary Kay. There business practices have created the need for ToP and others like them. As for damaged product, that happens everwhere!! I have ordered from MK and got damaged product that leaked out and ruined the other boxes in my order. They do sell some products that are expired, but that is stated knowledge. It says so on there web site!! If MK would update there bsiness practices, there would not be thousands of dollars of product sitting in women’s houses that they just want gone. The consult, not MK, takes all the business risks, and financial losses. We are the ones with lots of product and no money or customers. You should really look into things before you say terriable things about good people. (the Webers, not MK)
I wrote a letter to Mary Kay a couple of years ago, stating that I was upset that they cancelled the Private Spa line. I never got a response. I looked all over for the PS Line and finally to my delight I found it at Touch of Pink. I hope they win this lawsuit, or else where can I find the products I truly enjoy.
There are TONS of Mary Kay products on eBay and most are offered by women who are leaving the company but aren’t eligible to send back products for the refund. Or they just have waaaay too much stuff because of being encouraged to order or because they are a Director ordering to keep her unit alive.
I, for one, think Touch of Pink may have crossed the line here. We’ll just have to wait and see.
MARY KAY PRODUCTS ARE TOO OVERPRICED – THE CONSULTANT GETS HALF OF WHAT U PAY – THAT TELLS YOU THE PRODUCTS ARE WORTH ONLY HALF…. I LOVE THESE DISCOUNTED SITES, TOUCH OF PINK, PINK BARGAINS, AND HOUSE OF BEAUTY – I HAVE ORDERED FROM ALL OF THEM. AND I AM SATISFIED – IF YOUR NOT U CALL THEM – THEY ARE ALOT MORE NICE AND PERSONAL THAN THE MK CONSULTANTS!!!
I was a MK consultant for 15+ years, along with being a director for 2 years. Had the, director suit, 55 team members, the car, THE INVENTORY, the Queens Court of Sales Ring, the Queens Court of Recruiting Bubble Bee, then I came down with Breast Cancer, and MK turned their back on me. If anyone should sue them I was told I should. That is not how God would want me to deal with it, so thank you ToP for being there to help me get out of a financial jam. I loved Mary Kay until it changed once she passed away. It is not the same company, they only care about the MONEY, and nothing else! I did find a wonderful business that allows me to travel for wholesale, build a team, and teach them how to be successful. I learned a lot from Mary Kay Ash, the lady.
Ginger, I am so sorry you had breast cancer and then the company you loved turned on you. I am happy that you are still here and have apparently survived a devastating disease. God bless you!
BTW, I’m glad you found something you like to do, but it sounds like you got into another MLM? Please tell me you aren’t into one of those travel MLM’s?
MK has made zillions of dollars at the expense of consultants who bought inventory which they can’t sell and ultimately get stuck with. Many consultants have to sell it at 50% off or more just to attempt to break even (not to mention shipping and tax costs which they are eating) at yard sales and flea markets. If MK really had an interest in the well being and profitability of their consultants, they would have improved purchasing and return policies so that is is possible for consultants to return unsold product. Instead, MK takes advantage of them! The only ones who “make it” with MK are those who get people under them to buy excessive inventory! MK is the rip off, not Touch of Pink. MK should have provided an outlet for all of this unsold inventory. Touch of Pink was smarter and first to the game. Too bad for MK.
how many people did Mary Kay bail out because they were sick — when she was alive….Rena Tarbet has dealt with cancer for years and I don’t believe she was treated differently….however, I could be mistaken…..has anyone heard differently?
it’s unfortunate that there are women who would take advantage of people….but this is true anywhere in the workforce…we have been taught that to succeed we should step on, manipulate and out fox others…..in MK this doesn’t quite work when each person has the same objective, goal and reward….the Company has the burden to enforce the rules and some people might not be happy with how this has worked out for them….but the guidelines have always remained somewhat the same….so what is the issue?
I’ve purchased from TOP also. I’ve never had a problem with damaged or expired items. If Mary Kay didn’t charge so much, there wouldn’t be a need for a website like this. Afterall, who doesn’t like a bargain. I’ll continue to purchase through TOP.
zrlweddfkaiiqzagwell, hi admin adn people nice forum indeed. how’s life? hope it’s introduce branch
Touch of Pink is doing a service to these consultants by giving them $$$ for their goods that haven’t sold. The deal they offer is more than fair – it’s hard to sell Mary Kay in lots on eBay for more than 20% of retail (unless it’s brand new – but why would you do that anyway instead of just returning it to MK??). People who think that ToP is unethical really do not understand how business works – they are doing these former consultants a favor and profiting off of it. It’s a win-win for the consultant and for ToP. Without ToP, many consultants would either be stuck with old inventory or have to lease a good deal of $$ on eBay just trying to get rid of it!
This lawsuit just show how ridiculously ill-managed MK really is.
They should at least say how old some of those products are, so people know what they’re buying.
I’ve only been a consultant for a short time, so I can’t speak to the positive or negative experiences people have had. So far, I have had a pretty positive experience as a consultant.
However, for the people who say that this lawsuit “shows how ridiculously ill-managed MK really is”… The lawsuit shows just the oposite. MK is protecting themselves. TOP is violating MK’s rights as a business and legal action is the means by which MK has to stop that and get proper compensation. I’m not saying all the other comments about damaged product, bad consultants, etc. aren’t valid concerns. However, as a business, TOP still has no right to violate MK’s business practices and infringe on their trademark. Just because some people think MK is overpriced, doesn’t give TOP the right to go around selling it cheaper. It’s MK’s product to sell, not TOPs.
So Michelle what’s the difference between selling your product to Touch of Pink, in a yard sale or consignment shop when you are no longer selling MK and have terminated your contract? Seems no different than selling your Tommy Hilfiger jeans in the same manner.
As a consultant you bought and paid for the product just like your jeans. you are no longer under contract and they didn’t buy back all your product. The way I see it, it’s yours to do with as you see fit…no trademark infringement, just taking care of business and getting rid of something you no longer want or use!
I love what Touch of Pink is doing. I have been a customer of theirs for some time and miss them terriably. I can’t see spending what MK wantswhen I can get it for 1/2 the price. I hope they win thier case. It stated right on their website they where not affilliated with Mary Kay. If one can’t read it’s not TOP’s fault. Best of luck. I will be waiting to make another order
I check ebay for items that MK has discontinued. My consultant can no longer get a product that I’ve used for years, so the next best place is eBay.