Aquavit Pharmaceuticals, Inc. Secures Preliminary Injunction and Restraining Order Against Counterfeiters on Patent and Trademark Infringement Case
NEW YORK, April 29, 2019 /PRNewswire/ -- Aquavit Pharmaceuticals, Inc. secured today a Preliminary Injunction Order in the United States District Court for the Southern District of New York in a civil action against U-Bio Med, Inc., Global Medi Products, and Nyun Shi Eum a/k/a Nyeon-Sik Eum.
The order prohibits U-Bio Med from manufacturing, importing, exporting, advertising, marketing, promoting, distributing, displaying, offering for sale, selling and/or otherwise dealing in infringing Aquavit's trademarks including, AQUAGOLD® fine touch™, AQUAGOLD®, Microchannel Technology, and/or counterfeiting goods similar to AQUAGOLD® fine touch™.
U-Bio Med, Inc. copied Aquavit's original artwork, photoshopped Aquavit's Trademarked logo, created nearly identical packaging, removed all ® marks and ™ marks, and used a fake logo "AQUAGOLD 'your time is now' fine touch"' in place of Aquavit's registered marks. The product label on the back of the box was copied almost identically including Aquavit's product code name AQT-001, and Aquavit's FDA registration number. In addition, the product manual inside the box was also almost identical. U-Bio Med was once a supplier to Aquavit to assemble and package products several years ago for a brief period, and Aquavit had provided its original logo art, trademarked graphics, labeling language, and box designs for the work under confidentiality. The brief relationship was halted when Aquavit discovered U-Bio Med's fraudulent business practices in 2015.
U-Bio Med has made countless false and misleading statements and fake documents concerning its pirated devices and about Aquavit, and has been distributing and promoting them through various media channels, including recently through a local TV news station in their hometown in Korea. Facebook and Instagram recently shut down U-Bio Med's fake sites, "Aquagold fine touch" under the 'nail salon' category, and "aquagold-tappy" for such illegal activities. To date, U-Bio Med has failed to comply with the temporary restraining order that was issued by the Court on April 15th, as evidenced by the fact that, among many other things, their websites ubiomed.co.kr and tappy.co.kr and social media accounts continue to advertise, market, promote, and sell counterfeit products and infringe upon Aquavit's patent and trademarks. The counterfeits also bear various other names such as "Tappy Tok-Tok", or other derivative names that include "aqua", "hydra", or "gold". The counterfeit "Aquagold" devices pose a significant public health risk because they use components that are not medical-grade and because U-Bio Med advises consumers that it is safe to re-use the injection devices (it is not).
U-Bio Med further falsely claim that they own the "patent" and that their technology was stolen. At the same time, U-Bio Med recently submitted to Korean Intellectual Property Office (KIPO) new applications for phony trademarks "AQUAGOLD fine touch", "AQUAGOLD your time is now fine touch", "Rose-HA AQUAGOLD fine touch" while being under criminal investigation of illegal trade of counterfeits and trademark infringement in South Korea. Though these phony marks are most likely to be rejected again (U-Bio Med has made an attempt previously and was rejected in 2018), it appears to be a tactic to delay the criminal prosecution and sentencing.
"We are very proud of our intellectual property. It is important that we protect it and continue to focus on innovations" said Dr. Jill Waibel, Chief Medical Officer of Aquavit. Since its inception in 2010, Aquavit has secured over 20 utility patents and trademarks worldwide including personalized injection treatment optimizers, repeated motion microchannel drug delivery, smart formulations of bioactive compounds for microchannel delivery, microchannel designs, and personalized smart label technology. Dr. Waibel is currently spearheading Aquavit's pivotal clinical trial of iMocrotox/Microtox program for microinjecting botulinum toxin into the skin. Aquavit's innovation and bigger ambition is currently being tested for Actinic Keratosis and Basal Cell Carcinoma at Columbia University Medical Center Department of Dermatology.
"This ruling will help protect our product integrity, our provider's liability, and restore our customer confidence and send a strong message that a company cannot exercise blatant disregard of the law, especially when patients' safety and public health is at risk," said Sobin Chang, CEO of Aquavit. "U-Bio Med's intentional and willful actions are inexcusable, disparaging and have caused immediate and irreparable injury. We are relieved to see that justice has prevailed."
About AQUAGOLD® fine touch™
AQUAGOLD® fine touch™ is a first of its kind, patented repeated motion microchannel delivery method delivering approximately 1,200 to 2,000 microinjections per minute to deliver bioactive compounds intradermally. The device is designed to painlessly and effectively deliver bioactive compounds into the skin, avoiding common complications associated with traditional techniques. AQUAGOLD® fine touch™ is manufactured and distributed by Aquavit Pharmaceuticals, Inc. and its subsidiaries.
About Aquavit Pharmaceuticals, Inc.
Aquavit Pharmaceuticals, Inc. is a high-tech pharmaceutical company that provides a comprehensive range of innovative pharmaceutical, biotech and medical device technologies. Aquavit Pharmaceuticals, Inc. focuses on personalized medicine to improve patients' health, maximize the efficiency of our medical community, and support the pharmacoeconomics of payers.
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SOURCE Aquavit Pharmaceuticals, Inc.