Touch of Pink Cosmetics Files Response to Lawsuit by Mary Kay Inc. (part 1)
Written by L J on June 28, 2008 – 12:23 pm -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.
Tags: amy weber, mary kay lawsuit touch of pink cosmetics, scott weber, Touch of Pink Cosmetics
Posted in Articles & Commentary |
June 29th, 2008 at 11:14 pm
I can’t wait to hear part 2. I’ve been waiting for the Webers to hit back at this laughable lawsuit!
July 12th, 2008 at 10:33 am
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.
July 12th, 2008 at 12:53 pm
Susan, the only one on the Webers’ backs is Mary Kay Inc.
July 16th, 2008 at 5:18 pm
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…
August 9th, 2008 at 6:17 am
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…
August 14th, 2008 at 4:03 pm
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)