In another suit against unauthorized resale of goods online, Dr. Dennis Gross Skincare accuses Specialty Skincare of trademark infringement, unfair competition, tortious interference with Gross’ authorized resellers’ contracts, and violation of c. 93A. Gross asserts that it has a network of authorized resellers that contractually agree to specific terms and conditions, including that they sell solely to end-user customers and not to unauthorized resellers, and that the authorized resellers receive specific training and quality control measures. Gross says that Specialty Skincare is selling Gross products bearing the DR. DENNIS GROSS trademark that it necessarily had to have obtained via an authorized reseller, in breach of the authorized reseller’s contract with Gross. Gross further alleges that Specialty Skincare falsely advertises that they “purchase all our products directly from brand-authorized dealers in the United States” and that the products are “fresh off the production line” and stored in “temperature controlled” environments, and that these false representations have led to negative reviews that have damaged Gross’ brand.
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