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Instantly Ageless vuole terminare l’accordo con Jeunesse Global

NEWS

Lettera dello studio legale che rappresenta il marchio Instantly Ageless diretta all’azienda Jeunesse Global in merito alla chiusura dell’accordo .

Riportiamo alcuni passi tradotti, potete trovare LA LETTERA ORIGINALE QUI in inglese.

[NB.Tutto ciò che è riportato in questo articolo è una semplice traduzione di alcuni passi della lettera ufficiale.]

Aggiornamento “La risposta di Jeunesse Global” QUI

Da
Richard S. Dellinger
Richard.Dellinger@Lowndes-Law.Com
215 nord eola drive, Orlando, Florida 32801-2028
T: 407-418-6480 F: 407-843-4444
Numero principale: 407-843-4600

MERITAS LAW FIRMS WORLDWIDE
April 3, 2017
VIA ELECTRONIC AND CERTIFIED MAIL

A

Michael Levin, Esquire
BAKER & HOSTETLER, LLP
200 South Orange A venue, Suite 200
Orlando, Florida 32801

Rob Dawson, Chief Legal Officer
JEUNESSE GLOBAL, LLC
701 International Parkway
Lake Mary, Florida 32746

[Traduciamo dalla lettera originale]

L’azienda Instantly Ageless ha deciso di chiudere l’accordo con Jeunesse Global dopo ripetute violazioni della stessa riguardo:

  • ritardo nei pagamenti delle royalties
  • formulazione di un prodotto (Luminesce Eye Firming Gel) con la stessa formulazione di un brevetto di proprietà Instantly Ageless etichettato Jeunesse
  • distribuzione del prodotto in modo illecito (ci sono due cause in corso)
  • violazione dell’obbligo di riservatezza sulla formulazione del prodotto Instantly Ageless entrando in contatto con un altro produttore di cosmetica
  • distribuzione, da parte di Jeunesse, di prodotti con scadenza ravvicinata a 30 o 90 giorni
  • permesso di distribuzione di singoli flaconcini
  • permesso di vendita su siti come Ebay e Amazon a prezzi scontati
  • permesso ai distributori di istituire siti e pagine di destinazione con l’utilizzo (vietato) del marchio Instantly Ageless
  • permesso al suo ex presidente delle Americhe, Darren Jensen, l’uso improprio delle informazioni riservate di Instantly Ageless con un’altra società.
  • tentativo di appropriazione del marchio Instantly Ageless
  • ed altro ancora

Per questo viene chiesto a Jeunesse di :

(1) cessare immediatamente la vendita di tutti i prodotti Instantly Ageless

(2) di cessare di usare le formule instantly Ageless;

(3) di cessare di usare tutti i marchi Instantly Ageless sui relativi social media e siti indipendenti

(4) di cessare il marketing, l’importazione, l’esportazione e la fabbricazione di qualsiasi prodotto Instantly Ageless.

 

Inoltre, ai sensi dell’art. 2 dell’accordo, Jeunesse non ha mai posseduto il marchio utilizzato sulla licenza di Instantly Ageless.

 

Come Jeunesse è consapevole, Instantly Ageless è il proprietario di instantly ageless ………. registrazione del marchio n.: 4,387,492 per la parola …. (“Instantly Ageless Mark”).
Con effetto immediato, è terminato qualsiasi diritto di Jeunesse ad usare il marchio Instantly Ageless .
Instantly Ageless richiede che Jeunesse:
1) debba cessare e desistere da ogni utilizzo del marchio Instantly Ageless;
2) faccia cessare l’uso di nomi a dominio, indirizzi di posta elettronica, e / o di social media che incorporano i codici identificativi delle parole “Instantly Ageless” in ogni sorta di moda, da soli o in combinazione con altre parole;
3) distrugga qualsiasi materiale promozionale che comprenda il marchio instantly ageless
4) consegni a Instantly Ageless qualsiasi nome di dominio in suo possesso, custodia o il controllo che comprendono le parole “Instantly Ageless” in ogni sorta di moda, da soli o in combinazione con altre parole
5) consegni a Instantly Ageless  tutti gli indirizzi e-mail o account social (ad es., Facebook e Twitter) in suo possesso, custodia o controllo che comprendono le parole “Instantly Ageless” in ogni sorta di moda, da soli o in combinazione con altre parole
6) faccia modificare qualsiasi nome di business per essere totalmente diversa da ogni marchio instantly Ageless , ………………………………………”

[NB.Tutto ciò che è riportato in questo articolo è una semplice traduzione di alcuni passi della lettera ufficiale che trovate qui sotto.]

 

Attendiamo la risposta di Jeunesse Global.
Aggiornamento QUI

 

Fonte Instantly Ageless

Qui sotto la lettera integrale

 

Instantly Ageless Terminates Agreement with Jeunesse Global Due To Numerous Material Breaches of Licensing Agreement

Lowndes Drosdick
Dosterr~ Kantorl)l, Reed, P.A.

A T T 0 R N E Y S AT LAW

RICHARD S. DELLINGER

richard.dellinger@lowndes-law.com

215 North Eola Drive, Orlando, Florida 32801-2028

T: 407-418-6480 I F: 407-843-4444

MAIN NUMBER: 407-843-4600
…,……-
MERITAS LAW FIRMS WORLDWIDE

April 3, 2017

VIA ELECTRONIC AND CERTIFIED MAIL

Michael Levin, Esquire
BAKER & HOSTETLER, LLP
200 South Orange A venue, Suite 200
Orlando, Florida 32801

Rob Dawson, Chief Legal Officer
JEUNESSE GLOBAL, LLC
701 International Parkway
Lake Mary, Florida 32746

Re: Notice of Termination of the Product Development, License and Royalty Agreement, dated September 15, 2014 (the “Agreement’~ and Demand to Cease and Desist All Use of Intellectual Property

Gentlemen:
This law firm represents Anti Age Technologies, LLC d/b/a Instantly Ageless, LLC (“Instantly Ageless”). We are writing you to provide you notice of the immediate termination of the Agreement. Your client J eunesse Global, LLC (“Jeunesse”) is in material breach of the Agreement by and between Instantly Ageless and Jeunesse. Due to the breach, the Agreement is terminated effective immediately.

As you are aware from the numerous demand letters and correspondence previously sent on behalf oflnstantly Ageless to Jeunesse (collectively, the “Demands”), your client has committed several uncured material breaches of the Agreement. Due to the breaches which have not been cured, the Agreement is hereby terminated in accordance with Section 8. By way of example, we would like to remind you of some of the ways the Agreement has been breached and remains in default.

Jeunesse owes Instantly Ageless royalty payments in accordance with Section 6 of the Agreement. However, Jeunesse failed to make the appropriate payments to Instantly Ageless on several occasions. Specifically, Jeunesse made insufficient payments, late payments, and improper deductions from the royalties. The royalties decreased due to, among other things, Jeunesse’s unilateral decision to sell sachets instead of vials despite the parties’ clear intent to sell vials as evidenced by the royalty units on Exhibit A to the Agreement. Instantly Ageless requested information from Jeunesse by Demand dated August 18, 2015 to better understand the insufficient royalties being paid. The only information Jeunesse has provided to date is an inaccurate Form 1099 showing a payment of royalties to Instantly
Ageless which is less than what has actually been received, thereby demonstrating Jeunesse’s inaccurate retention of pertinent information. Jeunesse never cured the breaches. Instantly Ageless put Jeunesse on notice of its material breaches by Demand dated March 24, 2016 with an opportunity to cure

Michael Levin, Esquire
Rob Dawson
April 3, 2017
Page 2

23, 2016 and by the Demand dated May 4, 2016 with an opportunity to cure by June 3, 2016. Jeunesse has defaulted under Section 6. The Agreement is hereby terminated.

Further, in contravention to Jeunesse’s obligation under Section 18 of the Agreement, Jeunesse is making an eye firming gel product (called Luminesce Eye Firming Gel) which is substantially the same formulation of the Licensed Products of Instantly Ageless. Jeunesse’s production and sale of a product with substantially the same formulations as the Licensed Products of Instantly Ageless which areimproperly labeled as Jeunesse’s product, without making the royalty payments due to Instantly
Ageless, is a material breach of the Agreement. Instantly Ageless demands its past due royalty payments in connection with sales of the eye firming gel, and other products similar to the Licensed Products, as required pursuant to Sections 6 and 18 of the Agreement. In the event litigation is commenced, Instantly
Ageless will sue for all royalties owed. Instantly Ageless put J eunesse on notice of its material breaches on the royalty provisions by Demand dated March 24, 2016 with an opportunity to cure by April 23, 2016 and by the Demand dated May 4, 2016 with an opportunity to cure by June 3, 2016. Jeunesse failed to cure its material breaches within thirty (30) days of each Demand as required to avoid termination under Section 8 of the Agreement. Jeunesse has defaulted under Section 6. The Agreement
is hereby terminated.

Further, pursuant to Section 2, Jeunesse was granted an exclusive license to market the Instantly Ageless Products in any lawful manner. The vital importance of a licensee complying with the law thereby preserving the good will of its licensor developed over years with significant time and capital is readily apparent, and in any case, contractually mandated by the Agreement in Section 2. Yet, Instantly Ageless is aware of at least two lawsuits filed against Jeunesse for unlawful activity in connection with its distribution practices in direct violation of Jeunesse’s contractual obligation to lawfully market Instantly Ageless Products. The lawsuits include counts for false advertising, unfair competition, and a violation of the Racketeer Influenced and Corrupt Organizations Act. Instantly Ageless is excused from
the Agreement to the extent Jeunesse is engaged in unlawful activity. Instantly Ageless is not willing to take part in any activities that would be construed as unlawful. The Agreement is unenforceable. M Lippincott Mortgage Invest. Co. v. Childress, 204 So.2d 919 (Fla. 1 sL DCA 1967). In the event litigation is commenced, the lawfulness of Jeunesse’s operation will be directly at issue. Further, Jeunesse failed to establish a Beauty Wholesale Price and a Beauty Distributor Price for the bulk customers of Instantly Ageless in accordance with Section 4 of the Agreement. Section 4 provides, “Company further agrees to establish for the Serraults a Beauty Wholesale Price and a Beauty Distributor Price that will enable the Scrraults to continue selling 1new’ bl.Ilk buying accounts … ” (emphasis added). To date, Jeunesse has failed to comply with this contractual obligation and the price provided does not “enable the Serraults to continue selling ‘new’ bulk buying accounts.” Thus, the Serraults have not received the full benefits of the Agreement. Instantly Ageless put Jeunesse on notice of its material breaches by Demand dated August 18, 2015 and by Demand dated May 4, 2016. Jeunesse failed to cure its material breaches within thirty (30) days of each Demand as required to avoid

Michael Levin, Esquire
Rob Dawson
April 3, 2017
Page 3

termination pursuant to Section 8 of the Agreement. Jeunesse has defaulted under Section 4. The Agreement is hereby terminated.

Further, J elillesse materially breached its confidentiality obligations under Section 5 of the Agreement by sharing product formulas with manufacturers who were not approved by Instantly Ageless including, Gordon Labs, United One, and potentially others, and without giving Instantly Ageless a chance to object as contractually required. And Jeunesse expressed its intention to contact and has contacted another manufacturer (Cosmetic Solutions) without permission. Further, Jeunesse was
required pursuant to Section 5 to disclose its unauthorized breach of confidential information. Jeuness did not provide that required disclosure. Instantly Ageless put Jeunesse on notice of its material breaches of its improper release of confidential information and failure to disclose by Demand dated March 24, 2016 and Demand dated May 4, 2016. Jeunesse failed to cure its material breaches within thirty (30) days of each Demand as required to avoid termination under Section 8 of the Agreement. Jeunesse has defaulted under Section 5. The Agreement is hereby terminated.

Further, Jeunesse also breached Section 4 in another material respect. Jeunesse was required to fulfill the orders of Instantly Ageless for resale to its legacy customers at a price of cost plus twenty percent (20%) per unit pursuant to Section 4 of the Agreement. Jeunesse unreasonably delayed the fulfillment of such orders for Instantly Ageless, for at least ten thousand (10,000) boxes, effectively ignoring the orders. Instantly Ageless put Jeunesse on notice of its material breach by Demand dated
March 15, 2017 to avoid a default under Section 4 of the Agreement. Jeunesse claims it has a “bulk shortage” and will not comply despite this demand. Instantly Ageless hereby renews its demand to Jeunesse that Jeunesse fulfill the orders. Notwithstanding the termination of the Agreement, Jeunesse must comply with its obligations to date to fulfill all outstanding purchase orders. Jeunesse’s failures to comply with the Agreement have already damaged Instantly Ageless significantly. Further delay in
fulfilling outstanding orders will significantly magnify Jeunesse’s liability should Instantly Ageless need to take further action.

In addition to Jeunesse’s material violations described above, Jeunesse has also been distributing products to consumers which expire between thirty (30) and ninety (90) days from receipt of the same. This is a clear breach of Jeunesse’s obligation to comply with the Agreement in good faith. Jeunesse also allowed sales of individual vials of the Licensed Product rather than in bulk which has negatively impacted the royalties of Instantly Ageless and is inconsistent with Jeunesse1s own policies. Further, J eunesse has allowed sales of the Licensed Products on Amazon, eBay, and on a DRTV campaign, all at deeply discounted prices below wholesale, which is also inconsistent with its own policies. In addition, Jeunesse has allowed its distributors to set up their own websites and landing pages, which is prohibited by Jeunesse’s own policies and those distributors have no license agreement granting them the right to use Instantly Ageless trademarks. Jeunesse also allowed its former President of Americas, Darren Jensen, to improperly use the Confidential Information of Instantly Ageless at his subsequent position with another company. Instantly Ageless’ constant attempts to communicate these problems along with the other issues described herein have received no productive responses, and in many cases, no

Michael Levin, Esquire
Rob Dawson
April 3, 2017
Page 4

responses at all. Yet, Jeunesse contacted manufacturing vendors of Instantly Ageless to tell them not to communicate with Instantly Ageless, and contacted its distributors to interfere with Instantly Ageless’ independent products. All of these are breaches of the Agreement which excuse Instantly Ageless from
any further performance.

The Agreement is terminated. Jeunesse must immediately cease: (1) selling all Instantly Ageless Products; (2) using Instantly Ageless formulas; (3) using all Instantly Ageless Marks or related social media and other advertising including applications of any kind; and ( 4) marketing, importing, exporting, and manufacturing any Instantly Ageless products. Jeunesse must also immediately send Instantly Ageless the royalties due through the date of termination.

Further, pursuant to Section 2 of the Agreement J eunesse does not, did not, and never owned the trademarks utilized on the Licensed Products of Instantly Ageless. Yet, Jeunesse improperly attempted to assert ownership rights over the “Instantly Ageless” trademark (and related fictitious entity names) in direct contravention to Section 2 of the Agreement. Further, Jeunesse jeopardized the trademark’s status by failing to use the correct trademark designation associated with Instantly Ageless, the circled R to denote registration status, when its use was proper. Instantly Ageless put Jeunesse on notice of its material breaches for its improper attempt to assert rights over the intellectual property of Instantly Ageless by Demand dated August 18, 2015 and by Demand dated May 4, 2016. Jeunesse has since filed a “withdrawal” of the improper trademark applications. Jeunesse’s illegal assertion of trademark rights remains a matter of public record. Further, we have learned that a person who may be a Jeunesse employee, Miguel Herrera, has filed a fictitious name using the trademark of Instantly Ageless. A copy of the fictitious name application is attached. These actions by Jeunesse amount to theft of the intellectual property of Instantly Ageless and excuse any further performance under the Agreement.

As Jeunesse is aware, Instantly Ageless is the owner of INSTANTLY AGELESS the United States Trademark Registration No.: 4,387,492 for the word mark (the “Instantly Ageless Mark”). Effective immediately, any right Jeunesse had to use the Instantly Ageless Mark is terminated. Instantly Ageless demands that Jeunesse: 1) cease and desist any and all use of the Instantly Ageless Mark; 2) cease and desist use of any domain names, e-mail addresses, and/or social media identifiers that incorporate the words “Instantly Ageless” in any fashion whatsoever, whether alone or in combination with other words; 3) destroy any and all promotional materials that include the Instantly Ageless Mark; 4) assign to Instantly Ageless any and all domain names in your possession, custody or control that comprise the words “Instantly Ageless” in any fashion whatsoever, whether alone or in combination with other words; 5) assign to Instantly Ageless any and all e-mail addresses or social media accounts (e.g., Facebook and Twitter) in your possession, custody or control that comprise the words “Instantly Ageless” in any fashion whatsoever, whether alone or in combination with other words; and 6) change any business names to be completely different from any and all Instantly Ageless Marks, including ceasing use of “Instantly Ageless” as Jeunesse’s fictious name.

Instantly Ageless believes that any continual use of the Instantly Ageless Mark by Jeunesse would be likely to cause confusion, mistake or deceive consumers as to the source or origin of

Michael Levin, Esquire
Rob Dawson
April 3, 2017
Page 5

Jeunesse’s services, would be an attempt to divert legitimate customers, would be an infringement of its trademarks, would amount to unfair competition, and would be a violation of state and federal law including the Lanham Trademark Act, codified at 15 U.S.C. 1051 et seq. The Lanham Trademark Act provides numerous remedies for trademark infringement, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant’s profits, Statutory damages, as well as the destruction or confiscation of infringing products and promotional materials. Where intentional or willful infringement is proven, attorneys’ fees and additional damages in an amount of up to three times the awarded damages may be granted by the Court. Instantly Ageless demands that Jeunesse immediately cease and desist any and all use of the Instantly Ageless Mark or any other confusingly similar names or marks in appearance or sound to the Instantly Ageless Mark. If Jeunesse does not
comply with this demand, we will file suit against Jeunesse for trademark infringement, among other things.

All Powers of Attorney in favor of Jeunesse are revoked, effective immediately.

This letter is not a complete statement of the rights of Instantly Ageless in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Instantly Ageless in connection with this matter, all of which are expressly reserved.

PLEASE GOVERN YOURSELVES ACCORDINGLY.

RSD/ase
Enclosure
cc: Greg Serrault (via email)
Kellie Serrault (via email)
Ahmad El-Gendi, Esquire (via email)
Greg Hogenmiller, Esquire (via email)
01611 !

Fonte Instantly Ageless

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