LOS ANGELES – An Arizona corporation alleges a few spas in California are advertising spa services with a non-genuine machine.
Ulthera Inc. filed a complaint on Oct. 7 in the U.S. District Court for the Central District of California against Naoko Marquez, also known as Quena Marquez and doing business as Vortex Advanced Esthetics & Spa; Bijouxx Organic Spa; and Ultheraphy Room alleging trademark infringement.
According to the complaint, the plaintiff is the owner of the Ulthera and Ultheraphy marks in connection with its noninvasive aesthetic lift indication. The plaintiff holds Naoko Marquez, Bijouxx Organic Spa and Ultheraphy Room responsible because the defendants allegedly used the Ulthera and Ultheraphy marks in relation to the services they offer when the defendants are not affiliated with the plaintiff. The plaintiff alleges the defendants use a non-genuine Ulthera machine.
The plaintiff requests a trial by jury and seeks enjoin the defendants from further infringing plaintiff's trademark, order the defendants to deliver up for destruction all infringing materials, award all damages and profits derived from the infringement of plaintiff's trademark, all legal fees and interest, plus any other relief as the court deems just. It is represented by John B. Sganga Jr. and Matthew S. Bellinger of Knobbe, Martens, Olson & Bear LLP in Irvine.
U.S. District Court for the Central District of California Case number 2:16-cv-07518-PSG-SS