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Moroccanoil, Inc. Makes Federal Case Out Of Counterfeit Health & Beauty Products.

LOS ANGELES, April 29, 2009 -- Health and beauty product manufacturer Moroccanoil, Inc. filed a federal trademark infringement lawsuit today against Independent Beauty Suppliers, Inc. and several John Doe defendants citing counterfeiting.

Moroccanoil, Inc. manufacturers and sells a number of "salon only" hair hair products featuring argan oil, a naturally occurring oil high in vitamin E that is produced by the argan trees of Morocco and Algeria.

The complaint alleges the health and beauty products sold by the defendants come in confusingly similar packaging with trademarks similar to MOROCCANOIL and the other registered variations owned by Moroccanoil, Inc.

It is noted that the ingredients list on the alleged counterfeit products is identical to those listed in the MOROCCANOIL products. Moroccanoil, Inc. claims to possess a chemical analysis of the Independent Beauty Suppliers, Inc. revealing a chemical composition different from those identified in the list of ingredients. Moroccanoil Inc. also argues the signature argan oils found in MOROCCANOIL products is missing from the Independent Beauty Suppliers, Inc. products.

Moroccanoil, Inc. also alleges that the products from Independent Beauty Suppliers, Inc. bear the batch numbers of MOROCCANOIL products, a UPC code registered to Moroccanoil, Inc., and an identification of the bottler used by Moroccanoil, Inc.

Claims of trademark dilution, unfair competition, false designation of origin and unjust enrichment have also been pled. Moroccanoil is seeking compensatory and punitive damages in addition to destruction any counterfeit products and a permanent injunction to prevent further use of its trademarks.

If Moroccanoil, Inc. is successful, they could recover defendants' profits and any damages sustained by the plaintiff because their trademarks are federally registered. In assessing damages the court may enter judgment for any sum above the amount found as actual damages, up to three times. When a court finds a defendant intentionally counterfeited a registered trademark, the court must, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorney’s fee unless the Plaintiff elects for statutory damages up to $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed.