Court Rules In Favor Of Zeltiq Aesthetics In Brown Health Relaxation Litigation

(RTTNews) - Zeltiq Aesthetics Inc. (ZLTQ) 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.