Intellectual Property

Unfair Competition
False and Misleading Advertising

Plaintiff Derm-Tech Labs, Inc. ("Derm-Tech") is the owner and producer of two successful over-the-counter numbing creams known as "Numb & Number" and "Numb & Number Plus." Derm-Tech produced proprietary formulas for each of these products which it provided to Defendant Cobe Chemical Co., Inc. ("Cobe"), a contract manufacturer, to manufacture pursuant to a confidentiality agreement. Derm-Tech also developed unique trademarks, labeling and packaging for "Numb & Number" and "Numb & Number Plus." The numbing creams became successful and Derm-Tech sold them to medical professionals and distributors like Defendant Clinical Resolution Laboratory, Inc. ("Clinical"). Derm-Tech then learned that someone was selling knock-off "Numb & Number" and "Numb & Number Plus" utilizing Derm-Tech's proprietary formulations, unique trademarks, packaging and labeling, thereby interfering with Derm-Tech's current and prospective business. Later, Derm-Tech learned that it was Clinical, its own customer, that was selling the infringing knock-off products, and that Cobe, despite the confidentiality agreement with Derm-Tech, was selling to Clinical the proprietary numbing creams which Clinical then sold as its own products, and under its own name, at a reduced price, including to Derm-Tech's own customers, using infringing labeling, packaging, trade names and slogans, effectively forcing Derm-Tech to compete with its own products. [read more]