These days, aesthetic and medical laser devices are quite pricey. Some lasers cost well over two hundred thousand dollars, which is not inexpensive. Rather of paying hundreds of thousands of dollars on a brand-new device, some individuals may choose for reconditioned alternatives. However, the quality and quantity of effort required to repair refurbished products varies widely. Sometimes it is a simple task, but other times it involves changing essential components. However, would the repair of intellectual property-protected items cause any concerns?
“A reseller of refurbished laser machines, such as Sentient Lasers, may be able to sell you a machine, but they cannot sell you the trademark or the rights to the trademark,” stated Dr. Alhallak, director of the Albany Cosmetic and Laser Centre.
The story started when Albany Cosmetic and Laser clinic purchased an Ulthera machine from Sentient Lasers in Utah and started advertising for the service. within couple of weeks, we received a cease-and-desist letter from Merz asking Albany to stop using and advertising the machine. The letter stated Unfortunately, any lease agreement you have with a third-party is in violation of ULTHERAPY ®‘s Terms and Conditions of ULTHERA® System Purchase and Use which prohibits the “[s]ale or transfer of [the Ulthera System and/or related disposables] to third parties for uses authorized by Merz ….”
“Ignoring the letter was not very helpful” added Dr. Alhallak, “Within a week, our social media accounts were suspended for trademark infringement, I was surprised that Sentient Lasers has no rights to refurbish and resell these products. I ultimately paid $20,000 in relicensing fees to Merz.”
A trademark infringement case between Sentient Lasers and Albany Laser has been assigned a case number by the Utah district court under number 2:2021cv00767
Dr. Kamal alhallak
Albany Cosmetic and Laser Centre
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