The manufacturer and owner of the skincare product Bio-Oil have filed a federal lawsuit against Allure Beauty Shop, alleging that the owner sold counterfeit versions of their proprietary product, which infringed on and diluted their trademark and placed consumers at risk.
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The complaint was filed June 4 in the U.S. District Court for the District of New Jersey, in Geneva Laboratories v. Ibrahim, by attorneys Kenneth S. Weitzman and Richard Straussman of Weitzman Law Offices in Roseland. Geneva Laboratories Ltd., the manufacturer, and Union-Swiss Proprietary Ltd., the owner of Bio-Oil, accused East Brunswick resident Maame A. Ibrahim, the owner and operator of Allure Beauty Supply, of illegally distributing and selling a counterfeit version of the skincare product without authorization.
Bio-Oil contains purcellin, a key ingredient created by a German chemist Dieter Beier to help improve the appearance of scars, stretch marks and uneven skin tone. The product has been the No. 1-selling skincare oil in the United States since 2009. According to the complaint, Bio-Oil has sold millions of units annually and is carried in major chain stores.
Since its launch in 1987, Bio-Oil has sold in more than 50,000 stores in the U.S., and is endorsed by many celebrities, doctors, midwives and pharmacists, according to the complaint.
An agent for Geneva and Union-Swiss purchased 33 units of Bio-Oil from an Allure storefront located in South Plainfield, according to the complaint.
“During that visit, plaintiffs’ agent also inquired about making a larger scale wholesale purchase,” the complaint said. “Ms. Ibrahim indicated that was possible and that her customers pick up their orders from a separate location in Newark, New Jersey, but would not disclose the address.”
Geneva and Union-Swiss further alleged that the defendants sold counterfeit Bio-Oil to Broadway Beauty Wholesale Inc., Beautifublic Corp. and Cosmethings Corp. Lab testing of random counterfeit samples obtained from two of those stores revealed that they did not contain the genuine product and, therefore, did not comply with Food and Drug Administration labeling regulations.
“In addition, defendants’ counterfeit goods may pose a risk to consumers since counterfeit goods have likely not been subject to appropriate safety testing and may, in fact, contain harmful ingredients,” the complaint said. “Any adverse consequences arising from use of the counterfeit goods would necessarily diminish the reputation and goodwill associated with the Bio-Oil trademarks.”
The 11-count complaint included claims for trademark infringement, unjust enrichment, unfair competition and fraud, among other things. The plaintiffs alleged statutory damages of $2 million per trademark counterfeited and infringed on, which totals at least $40 million for multiple counterfeit trademarks on different-size packages and on the package inserts under Section 35 of the Lanham Act. Alternatively, the complaint sought an order for the defendants to pay the plaintiffs all profits and treble damages.
The complaint further sought to hold the defendants jointly and severally liable and to recoup attorney fees, investigatory fees and expenses to the full extent provided by the Lanham Act and New Jersey law. It also requested the award of both pre- and postjudgment interest, among other things.
Counsel has not yet appeared for the defendants.