The makeup and cosmetics firm Arbonne International Thursday sued a woman who allegedly obtained stolen quantities of a lip treatment product set for debut in September and sold the items last month on eBay.
The company’s Los Angeles Superior Court lawsuit names Ena Marquez and alleges trademark infringement, false advertising and theft.
The company is seeking unspecified damages and a court order barring further advertisements and sales of the products by Marquez or anyone else allegedly involved in such unsanctioned transactions.
Marquez could not be immediately reached for comment.
The Arbonne Intelligence Lip Treatment is a concentrated product that “hydrates, volumizes and softens the look of lips,” according to the lawsuit. It is made to “precise specifications” at a facility in Teterboro, N.J., according to the complaint.
As of July no one was authorized to distribute ILT and there was no lawful way to obtain it outside of the Arbonne facility, according to the lawsuit.
However, a person whose identity is unknown to Arbonne obtained quantities of the treatment and sold it at a swap meet in mid-July in Paramount, where Marquez bought at least 20 packages, the suit states.
Marquez sold all but three of the packages before she stopped and removed her eBay listings after receiving a “cease and desist” letter from Arbonne, the suit alleges.
The ILT products Marquez allegedly sold were not genuine because Arbonne did not authorize her to do so, the suit states. The items also were tampered with, were not sold with an official Arbonne receipt and did not ship directly from the company, making them ineligible for the firm’s customer satisfaction guarantee, according to the lawsuit.
The suit alleges Marquez and the unidentified other seller misled customers into believing they were buying products with the same quality and benefits as actual Arbonne products.
The unauthorized sales have damaged the value of the Arbonne trademarks, the suit alleges.
— Wire reports
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