Filed: Apr. 18, 2018
Latest Update: Apr. 18, 2018
Summary: [PROPOSED] JUDGMENT JAMES V. SELNA , District Judge . Plaintiffs SKINSOLUTIONS.MD, LLC, TRUVENTURE, INC.,VISHAL VERMA, M.D., INC. and VISHAL VERMA, M.D. (collectively referred to herein as "Plaintiffs") and Defendants GLOBAL BOOST MD, LLC, PHARMAMEDRX, LLC, TELLADERMMD, LLC, GAIL GENTILE, ANDREW MCCULLOCH, and ALEXEI JOUKOV (collectively referred to herein as "Defendants"), having stipulated to Judgment in favor of Plaintiffs and against Defendants, and each of them, IT IS NOW ORDERED, ADJ
Summary: [PROPOSED] JUDGMENT JAMES V. SELNA , District Judge . Plaintiffs SKINSOLUTIONS.MD, LLC, TRUVENTURE, INC.,VISHAL VERMA, M.D., INC. and VISHAL VERMA, M.D. (collectively referred to herein as "Plaintiffs") and Defendants GLOBAL BOOST MD, LLC, PHARMAMEDRX, LLC, TELLADERMMD, LLC, GAIL GENTILE, ANDREW MCCULLOCH, and ALEXEI JOUKOV (collectively referred to herein as "Defendants"), having stipulated to Judgment in favor of Plaintiffs and against Defendants, and each of them, IT IS NOW ORDERED, ADJU..
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[PROPOSED] JUDGMENT
JAMES V. SELNA, District Judge.
Plaintiffs SKINSOLUTIONS.MD, LLC, TRUVENTURE, INC.,VISHAL VERMA, M.D., INC. and VISHAL VERMA, M.D. (collectively referred to herein as "Plaintiffs") and Defendants GLOBAL BOOST MD, LLC, PHARMAMEDRX, LLC, TELLADERMMD, LLC, GAIL GENTILE, ANDREW MCCULLOCH, and ALEXEI JOUKOV (collectively referred to herein as "Defendants"), having stipulated to Judgment in favor of Plaintiffs and against Defendants, and each of them,
IT IS NOW ORDERED, ADJUDGED AND DECREED that:
1. Plaintiffs shall recover from Defendants, jointly and severally, the sum of One Million Seven Hundred Thousand Dollars ($1,700,000.00);
2. Defendants, and each of them, together with their agents, representatives, affiliates, and all persons or entities acting with them or at their direction or control, shall be permanently enjoined from:
A. Representing Defendants to patients and other consumers as an "authorized" seller of LATISSE® products, during any period they are not;
B. Claiming to have received an award from Allergan for "ethical practice" and "safely compliance" when they have not received any such award;
C. Misrepresenting the generic version of LATISSE® to be Allergan-branded LATISSE®;
D. Enrolling patients in Brilliant Distinctions® accounts, and then not passing on the program rewards to them, preventing them from obtaining additional discounts or other promotional materials from Allergan, preventing them from using their points with other doctors or re-sellers (including Plaintiffs), and preventing patients from using accrued points for other Allergan products that Global Boost did not sell; and
E. Using the Brilliant Distinctions® program scheme to unfairly enrich themselves and artificially deflate prices for Allergan products, including but not limited to LATISSE®.
3. Plaintiffs are awarded reasonable attorneys' fees and costs, incurred in the Action, in an amount subject to proof on noticed Motion.
4. Plaintiffs shall be and are entitled to reasonable attorney fees and costs to be incurred in connection with the enforcement of this Judgment.
DENIED
Denied without prejudice to a noticed motion. However, before such a motion is brought, the parties would be well served by discussions to resolve what appears to be a minor and transitory problem. JVS April 18, 2018
