SANTA ANA – A pharmaceutical company alleges a former reseller continues to advertise a drug after its contract was terminated.
Allergan Inc. and Allergan USA Inc. filed a complaint on Dec. 23 in the U.S. District Court for the Central District of California, Southern Division against Global Boost MD LLC, PharmaMedRx LLC, TellaDermmd LLC and Does 1 through 10 alleging breach of contract and other counts.
According to the complaint, the plaintiffs allege that the Global Boost was an authorized reseller of prescription lash treatment Latisse, and that the remaining defendants are its affiliates. The plaintiffs holds Global Boost MD LLC, PharmaMedRx LLC, TellaDermmd LLC and Does 1 through 10 responsible because the defendants allegedly kept on using the Latisse mark on their websites to attract customers after the plaintiffs terminated their accounts with them in August 2016.
The plaintiffs request a trial by jury and seek damages, treble damages, statutory penalties, injunctive relief, constructive trust, restitution and disgorgement, all legal fees plus interest and any other relief as the court deems just. They are represented by Dean J. Zipser and Carole E. Reagan of Umberg Zipser LLP in Irvine.
U.S. District Court for the Central District of California, Southern Division Case number 8:16-cv-02244-JVS-KES