Medesthetics

APR 2018

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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potentially get hit with the other party's actual damages, a reasonable royalty and damages equal to your profi ts, even if you didn't know about the other mark," Stanford says. If the courts determine that the infringement was willful, meaning you intentionally tried to fool consumers by using a name or logo similar to that of an established business in the same industry, you can also be hit with additional punitive— or treble—damages. "If your infringement is determined to be willful, it could be a nightmare and it could cost you your business," says Stanford. Typically, the party owning the registered trademark will send a cease-and-desist letter, and you will have the oppor- tunity to negotiate a settlement, which may simply involve discontinuing use of the name or logo. Although a settle- ment is preferable to court, the cost can still be substantial. "The legal fees in settling that situation could easily be $10,000 to $30,000, depending on how much it goes back and forth," Stanford says. "In any potential dispute, the legal fees add up very quickly." The winner of such disputes tends to be the entity with the deeper pockets, even if they don't have a legal position that ultimately would be successful in court. "I've had matters where I didn't believe our client was infringing, but the party on the other side had more than enough money to pound our client into the dirt, and we had to concede as our client couldn't afford or at least justify the legal fees to fi ght it," Stanford says. As the medical aesthetic industry grows, brands expand, and more and more large franchises with a great deal of fi nancial backing spring up, it is simply not smart to operate without properly vetted trademark protection. Alex R. Thiersch, JD, is a healthcare attorney who represents medspas and aesthetic medical professionals. He is the founder and director of the American Med Spa Association (AmSpa) and a partner at the ByrdAdat- to law fi rm. Contact him at alex@americanmedspa.org. medestheticsmagazine.com | APRIL 2018 27 © GETTY IMAGES 1.800.221.0658 • www.viscot.com viscotcs@viscot.com o t.c om m m m m m m m m m m m m m m Injectable Fillers Botox Consultations E•Z Removable In For consultations & aesthetic injections • Ink comes off easily! • Ideal for non-surgical aesthetic procedures see it in action: b i t . l y / E Z I N K Botox® is a registered trademark of Allergan, Inc. "Pick something that is not descriptive of what you are doing. This weakens the ability to get it registered as a trademark."

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