Touch of Pink Cosmetics Files Summary Judgment
On November 26th, 2008, defendants Amy and Scott Weber of Touch of Pink Cosmetics filed a Summary Judgment in their continuing proceedings of the lawsuit broungt against them by Mary Kay Inc.
A Summary Judgment is a motion made by one of the parties of a lawsuit before the case goes to trial. In it, the party filing the Summary Judgment puts forth the evidence in their favor and argues that this evidence is so clear that a jury faced with the case could only reach a decision in favor of the party filing the Summary Judgment.
In other words, Touch of Pink is saying that there isn’t a case against them, and the charges Mary Kay Inc. has alleged aren’t valid.
It’s very interesting reading, I think, and makes some interesting points. Now the judge will have to review the document and see whether he agrees. If he does, he will enter a judgment in Touch of Pink’s favor. Case closed.
The information outlined and points made in this summary judgment are critical to other similar Mary Kay inventory liquidators. If Mary Kay’s assertions are dismissed by the judge, Mary Kay Inc. will have to go back to the drawing board. And resellers doing business in a similar fashion as Touch of Pink could potentially be assured that they couldn’t be sued for the types of allegations contained in this lawsuit.
Here’s the entire document for your reading pleasure:
Defendants’ Motion for Summary Judgment
Lipstick on 
Ann on 
Brooke on 
Tam on 
LJ, that was a great read and it sure looks like TOP’s attorneys have plenty of factual data to support their case.
I hope they are successful in getting the case dismissed. MKC is a big bully, if they don’t want to buy all the product back at 90% then they should have no reason to complain when somebody sells it at whatever price they can get.
MK doesn’t even list discontinued or limited edition products in their sales catalogs or on their web site, how is a person supposed to get rid of the crap?
Further if Mk was so worth the suggested retail, former IBC’s would have no trouble selling the
crap.
GO Webers!!!
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I agree, Lipstick, that TOP’s attorney sure have lots of data to support their case. It’s a strong case for the judge to accept the summary judgment.
I especially found the part about a company’s control of products once they hit retail.
I’m eagerly awaiting the outcome of this.
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After reading this brief and the supporting references, it seems unlikely that MK will win. My hope is that TOP prevails and MK is put in their place.
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I wonder if I’m related to these Webers….lol…
I hope they win because it seems to me like MK Inc doesn’t really have a leg to stand on..
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