Plaintiffs State a Claim Under The Lanham Act
The plaintiffs are comprised of several salons who claim were injured by manufacturers who advertisments indicate their products were available only at professional salons. Because the plaintiffs have alleged facts sufficient to state a claim under the Landham act.
The first amended class action complaint asserts three causes of action: False advertising and unfair competition under the Landham act and injunctive relief. The plaintiffs claim they have suffered loss of salesand damage to their reputation and good will as a result the manufacturers advertising claims that certain haircare products sold by the plaintiffs are available for purchase only in salons, when in fact the products are widely available outside of salons.
Salon FAD is is a non profit organization that was formed in 2008 to advance to intrests of salons in the face of large scale diversion of professional products into non professional retail channels. FAD stands for "Fight Aganist Diversion". Salon FAD is based in Houston Texas. Farouk country. It was spearheaded by Dixie Pelfrey who is acting CEO.
The defendants are L'Oreal Inc. Farouk Systems, John Paul Mitchell Systems, Sexy Hair Concepts LLC, P&G company, TIGI Linea LP
The plaintiffs have moved to dismiss the suit on three separate grounds. 1) The plaintiffs fail to allege an injury that is tracable. 2) False advertising, the defendants argue the false advertising actually bolstered sales to the salons. 3) the plaintiffs lack lack statutory standing under the Landham act. The defendants' also argue the plaintiffs lack standing because they are free to cease purchasing the defendants' products, and therefore, hold the power to avoid the injury to their reputations that the false advertising would bring. In the 18 page document provided by the court there were many different motions made by the defendants' The judge was stanch in his decision to move forward with the suit.
On a motion to dismiss the court must accept all allegations in the complaint as true. There is a lot of legal mumbo jumbo explaining the judges reaction to the defendants' claims and the various sections of the law that were cited in the determenation The bottom line was the plaintiffs won the first round. It is a major victory for the plaintiffs. It means the plaintiffs can now audit the books of the defandants'.
Salon FAD is seeking to add plaintiffs to their class action. In so doing you will be part of a group of salonsattempting to represent nationwide class of salons and licensed cosmetologists who are suing the the defendants listed above for false advertising. The case is being represented by Susman Godfrey one of the most prestigious law firms in the country. The case is on a contingency basis so there will be no out of pocket cost to the plaintiffs. If interested in becoming a plaintiff go to <info@salonFAD or contact directly salon FAD at 713-589-4790.