SUBJECT TO FRE 408 and State Equivalents
Derek Fahey, Esq.
[email protected]
June 15, 2016
Dr. Sherie Hope, MD
Managing Member and Registered Agent
The Cosmetic Concierge, PLLC
325-B Arlington Ave
Charlotte, NC 28203
VIA U.S. CERTIFIED MAIL and EMAIL ([email protected])
SECOND DEMAND TO CEASE AND DESIST UNAUTHORIZED USE OF
U.S. TRADEMARK SERIAL NOS. 3,824,547 and 4,282,841 for MANSCULPTURE
(“MANSCULPTURE Marks”)
Dear Dr. Hope:
As you are aware, The Plus IP Firm represents Dr. Charles Garramone, D.O., F.A.C.O.S., and Aesthetic
Plastic Surgery Institute, PA, d/b/a The Garramone Center, regarding their intellectual property matters.
In follow up to my letter dated June 6, 2016, Dr. Garramone has become aware that Dr. Sherie Hope, MD
and The Cosmetic Concierge, PLLC, d/b/a The Cosmetic Concierge (collectively referred to herein as “you” or
“your”) have recently changed the name of the MANSCULPTING package to the MALESCULPTING package.
Despite having a plethora of other marks to associate with your services, you have STILL chosen a mark that
is confusingly similar to Dr. Garramone’s MANSCULPTURE Marks.
Your use of MALESCULPTING still violates the Lanham Act because the use “is likely to cause
confusion, or to cause mistake, or to deceive as to the affiliation, connection or association” of your business with
Dr. Garramone and is likely to cause confusion as to the approval of your services with Dr. Garramone. 15 U.S.C.
§ 1125(a)(l)(A); see, e.g., Australian Gold, Inc. v. Hatfield, 436 F. 3d 1228 (10th Cir. 2006) (enjoining infringing
use of mark on website and metatags); Brookfield Comm., Inc. v. West Coast Entertainment Corp., 174 F. 3d
1036 (9th Cir. 1999) (same). This letter constitutes Dr. Garramone’s SECOND demand that you cease and desist
any and all use confusingly similar to the MANSCULPTURE Marks. You should immediately forward this letter
to your attorney.
You are in the best position to control your damages at this point in time.
Pursuant to the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a), my client demands that you immediately
cease and desist your use of MALESCULPTING and all references to MANSCULPTURE or derivatives thereto
in connection with operating and conducting any plastic and cosmetic surgery procedures. Without limitation of
the foregoing, we demand that you immediately do the following:
We demand that within fifteen (10) days of your receipt of this letter you:
1)
Remove any reference to the MANSCULPTURE Marks, including the term MALESCULPTING,
from everything, including but not limited to, your website, brochures, signs, publications,
advertising, listings, internet ads, entertainment books, coupons, store displays, garments, etc.;
2)
Confirm your acknowledgement in writing to us that you will not proceed any longer with the use,
display, and distribution of any goods or services bearing any of the MANSCULPTURE Marks and
any mark confusingly similar thereto;
3)
Provide us with an accounting of your total revenues and gross profits relating to your
MANSCULPTING and MALESCULPTING packages;
4)
Advise each of your clients, partners and retailers to pull any offending marketing material they may
have in inventory; and,
5)
Deliver directly to us (for destruction) all unused inventory of the offending marketing material,
including any marketing material that you have removed from display from your premises and the
premises of your partners and agents.
You can avoid legal action by immediately ceasing and desisting from any infringing activity.
Dr. Garramone has agreed to allow you ten (10) days from the date of your receipt of this letter to cease
and desist using the confusingly similar marks as demanded above. Any continued fringing use of the
MANSCULPTURE Marks beyond this ten (10) day period will leave Dr. Garramone no choice but to pursue
litigation pursuant to the Lanham Act and the Florida Deceptive and Unfair Practices Act, § 501.211 Fla. Stat.
(“FDUTPA”) with respect to this matter, including seeking injunctive relief, damages and disgorgement of profits
pursuant to 15 U.S.C. § 1117, actual damages pursuant to FDUTPA, and recovery of Dr. Garramone’s attorneys’
fees and costs.
Nothing in this letter is meant to or should be construed to waive any rights, claims, or remedies. Your
prompt attention to this letter is strongly advised. Please do not hesitate to call me at (954) 332-3584 if you have
any questions regarding our requests.
Sincerely,
Derek Fahey, Esq.
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* We are also happy to assist those who are gender non-conforming and desire a
more androgynous appearance
* 10% discount to active duty military and veterans with a valid VA or military ID.
* FTM Total Body Masculinization:
Chest Reconstruction + VASER liposuction of the Abdomen, Waist, Hips, and
Circumferential Thighs:
$15,000 ($5,100 off regular price).
First Name
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First
Last
Email *
Phone *
Email
Phone
Date of Birth (For entry into our scheduling system)
* FTM Mansculpting Package:
VASER liposuction of the abs, love-h
love-handles (lower waist and back) and saddle bags
(outer thighs):
$7,999 ($2,500 off regular price)
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325-B Arlington Avenue
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