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.