An Agreed Protective Order was filed in the Mary Kay Inc. vs Touch of Pink Cosmetics case on 14 July 2008.
What the heck does that mean?
Who did Touch of Pink Cosmetics buy MK products from? We may never know.
Well, the protective order means that both Mary Kay and Touch of Pink may keep certain “trade secrets” and other information about how they run their businesses confidential. This is designed to keep information from falling in the hands of your competition.
Interesting, but not unusual.
But it means you may not get answers to some questions you had. For instance, there has been discussion here recently about whether or not Touch of Pink Cosmetics got some of its inventory from current Mary Kay consultants.
According to item 19 of this protective order:
“The parties agree that the identity of persons selling products to Defendants shall be treated as though designated “CONFIDENTIAL” and may be used in connection with this Lawsuit, including but not limited to deposing, calling, and/or treating such persons as witnesses in this Lawsuit. Notwithstanding anything in this Order to the contrary, the obligations under this Order do not prohibit Plaintiff from contacting, interviewing, negotiating with, terminating its agreement with, filing suit against, or taking any other action Plaintiff deems appropriate regarding any person selling Mary Kay products to Defendants.”
So the identities of just exactly who sold products to Touch of Pink won’t be revealed to inquiring public eyes who want to know.
Sounds like MKC gets it’s cake and can eat it too!
The identities may not be revealed to the public, but if MKC starts terminating IBC’s and SD’s who have sold to TOP, then IMO it will “leak” out.
I haven’t sold anything to them yet, but it won’t stop me cause I already “terminated’ my agreement a year ago., so what i do with my product and how I sell it wuld be none of MK’s “beeswax” lol