PinkLighthouse.com » Mary Kay lawsuit

Mary Kay Wins Lawsuit Against Touch of Pink Cosmetics

L J — Sat, 04 Apr 2009 22:35:07 +0000

Straight from the court decision document:

After a trial on the merits, the jury found that Defendants infringed Mary Kay’s
trademarks and engaged in unfair competition and passing off with the specific intent to cause
confusion, to cause mistake, and to deceive. The jury also rejected all of Defendants’ affirmative
defenses, and awarded Mary Kay an accounting of profits. Based on the jury’s verdict, Mary
Kay now seeks the entry judgment for the amount of $1,139,962.00, plus post-judgment interest
at the applicable legal rate.

Yep. That’s over 1.25 million dollars that Mary Kay is now trying to get from Touch of Pink.

Ouch.

Mary Kay Inc. Sues Another Inventory Liquidator!

L J — Tue, 02 Dec 2008 16:18:05 +0000

I received an email from a Mary Kay inventory liquidator that she was served with a notice that she was being sued by Mary Kay Inc.! I guess Touch of Pink Cosmetics has some company now.

This liquidator is a power seller on eBay and has been selling there since 2002.

According to the document this liquidator received,

” Mary Kay seeks to obtain testimony from ***** (which the method of getting the testimony is a request for the court to get my computer!!!) to determine the identity of Independent beauty consultants in order to file suit against them for breach of contract.
Also they seek to obtain such testimony to investigate a potential claim for tortious interference with contractual and business relationships and Texas common law trademarks.”

Apparently MK has now decided to go after the major sellers of all their excess inventory flooding the market. All the products that their former consultants couldn’t sell. All the products that their directors are purchasing month after month to keep their directorship. All the limited-edition products that they promoted that didn’t sell.

I’m no lawyer, but I don’t understand how once a consultant has purchased inventory that Mary Kay can tell them what they can do with it forever.

Regular businesses have overstocks of merchandise all the time. It’s the reality of retail. Ever heard of Big Lots? That’s where all the stuff that didn’t sell in regular stores goes.

If you’re selling Mary Kay products on eBay or an online store…please be aware of what’s going on. If you receive any notices from Mary Kay Inc, please let me know.

You know I’ll keep you posted on this!

Touch of Pink Cosmetics and Mary Kay Inc Agree to Mediation

L J — Wed, 15 Oct 2008 13:32:09 +0000

Mary Kay Inc and Touch of Pink Cosmetics have agreed to enter into mediation to settle their dispute.

The original court date set for this fall has been moved back to February 2009.

We’ll keep you posted when there is more to tell.

Agreed Protective Order Filed in Mary Kay Lawsuit Against Touch of Pink

L J — Mon, 28 Jul 2008 17:11:37 +0000

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.

Mary Kay’s Lawsuit Against Touch of Pink Cosmetics

L J — Tue, 13 May 2008 14:47:20 +0000

We have obtained the full complaint filed by Mary Kay against Touch of Pink Cosmetics and owners Amy and Scott Weber.

Here is the entire 71 page complaint, in pdf form.

Mary Kay Inc. v Amy L. Weber, Scott J. Weber, and Touch of Pink Cosmetics

Mary Kay Inc claims that Amy Weber sold Mary Kay products on eBay and thus violated her Mary Kay Beauty Consultant Agreement. Mary Kay Inc. issued several “pleas” for Amy Weber to stop selling on eBay and when she didn’t, Mary Kay Inc. terminated her Mary Kay Consultant Agreement.

The Webers continued selling Mary Kay products on their website, TouchofPinkCosmetics.com and in their eBay Store.

Mary Kay Inc. is claiming that the Webers caused other Mary Kay Consultants to violated their Consultant Agreement by selling products to Touch of Pink instead of ultimate consumers.

Touch of Pink Cosmetics claims that they can help Consultants “balance your inventory and implement profit making strategies” and Touch of Pink also sent out email newsletters, apparently, soliciting products from current Consultants.

There is much more to this than just the above issue. More to come on this one.

Mary Kay Inc. Sues Former Consultant

L J — Fri, 09 May 2008 22:50:35 +0000

Women’s Wear Daily is reporting today that Mary Kay Inc. filed suit Wednesday against a former Consultant.

Mary Kay Inc. is suing Touch of Pink Cosmetics, a Mary Kay liquidator and reseller of Mary Kay products, for Trademark infringement. Their website is touchofpinkcosmetics.com

You can read the details of the filing at the link below:

Mary Kay Inc. vs Weber et al

Sales Director files suit against Mary Kay Inc.

L J — Sun, 03 Dec 2006 19:55:13 +0000

Sales Director Files Suit Against Mary Kay Inc.

Robin Blackmon-Dunda, a Sales Director with Mary Kay, and her husband Stryker Dunda, filed suit on November 6, 2006 against Mary Kay Inc.

The 81-page petition outlines the six counts they are alleging against Mary Kay Inc., which are the following:
COUNT I–BREACH OF CONTRACTS;
COUNT II—-INTENTIONAL INTERFERENCE WITH CONTRACTS;
COUNT III—INTERFERENCE WITH PROSPECTIVE CONTRACTS;
COUNT IV–DECEPTIVE TRADE PRACTICES;
COUNT V—INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
COUNT VI–DEFAMATION

If you want to read the entire document yourself you can download it from the link below. Beware–it’s a large document.

Robin Blackmon-Dunda Lawsuit Against Mary Kay Inc.