|By Marketwired .||
|June 2, 2014 07:30 AM EDT||
PLEASANTON, CA -- (Marketwired) -- 06/02/14 -- ZELTIQ Aesthetics, Inc. (NASDAQ: ZLTQ), a medical technology company focused on developing and commercializing products utilizing its proprietary controlled-cooling technology platform, today announced the United States District Court, Eastern District of Wisconsin, ruled in favor of ZELTIQ and granted a permanent injunction against Brown Health Relaxation Station LLC, Nouvelle Weight Loss Centers and Melanie Brown for trademark infringement, false advertising, false designation of origin and unfair competition arising from the Defendants' conduct with a counterfeit device and procedure.
ZELTIQ is the exclusive global licensee of Cryolipolysis®, the proprietary and patented technology behind the aesthetic procedure marketed as CoolSculpting®. Cryolipolysis is the non-invasive cooling of adipose tissue to induce lipolysis -- the breaking down of fat cells -- to reduce body fat without damage to other tissues. The CoolSculpting system developed by ZELTIQ is the only fat-freezing technology cleared by the FDA for distribution and use in the United States. The Defendants do not own a CoolSculpting system, nor are they trained as an authorized provider of the CoolSculpting procedure.
In granting the injunction, the Court ruled that the Defendants caused "irreparable harm" to ZELTIQ with their illegal marketing, promotion and selling of the counterfeit "Freeze Sculpting" treatments. The "Freeze Sculpting" device is not FDA cleared and has not undergone any regulatory review or clinical testing. As a result of the ruling, the Defendants are permanently enjoined from misappropriating any of ZELTIQ's trademarks or Freeze Sculpting, advertising the treatments or otherwise confusing consumers into believing that they are associated with ZELTIQ or the CoolSculpting procedure. Defendants are also required to turn the counterfeit device over to ZELTIQ for inspection and/or destruction. The court also awarded ZELTIQ its attorneys' fees and costs incurred in bringing the federal court action.
"We urge medical practices that are considering investing in non-invasive fat reduction technology to make informed choices. We also urge patients interested in the CoolSculpting procedure to seek treatment only from authorized physician providers within the elite network of CoolSculpting centers listed on our website," said Sergio Garcia, ZELTIQ Senior Vice President, General Counsel and Corporate Secretary.
"ZELTIQ has invested years of research and millions of dollars to build a reputation based on clinically proven safety and efficacy, and we will vigorously protect that reputation and our intellectual property rights from counterfeit devices not cleared by the FDA that are trading on our good name," added Garcia. "When we learn about the distribution, promotion or use of counterfeit devices and treatments anywhere in the U.S., we take swift action such as the litigation we initiated in the Federal District Court, Eastern District of Wisconsin, to stop infringement of our intellectual property rights and other related illegal activity."
About ZELTIQ® Aesthetics, Inc.
ZELTIQ Aesthetics, Inc. is a medical technology company focused on developing and commercializing products utilizing its proprietary controlled-cooling technology platform. ZELTIQ's first commercial product, the CoolSculpting system, is designed to selectively reduce stubborn fat that may not respond to diet or exercise. The CoolSculpting procedure is based on the scientific principle that fat cells are more sensitive to cold than the overlying skin and surrounding tissues. It utilizes patented technology of precisely controlled cooling to reduce the temperature of fat cells in the treated area, which is intended to cause fat cell elimination through a natural biological process known as apoptosis. ZELTIQ developed the CoolSculpting procedure to safely, noticeably, and measurably reduce the fat layer.