SALT LAKE CITY, Nov. 25 dazzlesmile, llc www.dazzlesmile.com and Optimal Health Science, LLC www.optimalhealthscience.com have filed a 67-page federal lawsuit against Epic Advertising AKA AzoogleAds AKA azoogle.com, Inc., Jesse Willms, Farend Services Limited, and AtLast Fulfillment. The 13-count Complaint, filed with the United States District Court for the District of Utah, alleges massive national consumer fraud, counterfeiting of dazzlesmile(TM) branded teeth whitening products, violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act, trademark and trade name infringement, conspiracy, and cyber piracy. Google, Yahoo! and Microsoft are also named as defendants for vicarious infringement.
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The federal action follows efforts by dazzlesmile(TM) to get Epic, Farend and others to cease and desist using the dazzlesmile(TM) trademark and name to scam thousands of consumers. But consumers are still being tricked into signing up for "free trials" for teeth whitening products, only to discover later that they signed up for additional automatic shipments and additional automatic charges to their credit or debit cards. The Defendants are alleged to have created a confusing web of disinformation that makes canceling or returning products difficult, if not impossible. The unscrupulous tactics have smeared the teeth whitening industry over the past few months and deflected much of the negative attention onto the legitimate operation of dazzlesmile(TM) through the use of infringing advertisements and counterfeit products. dazzlesmile(TM) intends to vigorously assert its rights to protect the legitimate dazzlesmile trade name, mitigate damage to the company's goodwill, and assist defrauded consumers.
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dazzlesmile(TM) has been marketed in the US since 2004 as a consumer "on the go" teeth whitening system, consisting of proprietary and patent-licensed mints, toothpaste and mouth wash. dazzlesmile(TM) products consist, in part, of FDA regulated over-the-counter (OTC) ingredients and are manufactured in an FDA approved facility. dazzlesmile(TM) also conforms to FDA prescribed package labeling, and Federal Trade Commission (FTC) requirements for efficacy claims.
A copy of the Complaint can be found at: www.dazzlesmile.com/epicadvertisingcomplaint.pdf
SOURCE dazzlesmile, llc
