We have received a few inquiries lately about recent developments related to the litigation between us (Nerium SkinCare Inc./Nerium Biotechnology Inc.) and Nerium International. In light of concerns expressed to us by consumers and brand partners, and the misinformation that has been circulating, we wanted to take the opportunity to share you with the facts about litigation proceedings to date, and what to expect in the future.
- The United States District Court for the Northern District of Texas has denied a motion by Nerium International (NI) to prevent Nerium SkinCare (NSC) from selling or distributing its product through other companies outside of NI.
- In a separate Order, the court also denied NSC’s motion to immediately halt NI’s expansion into new markets selling the non-Nerium SkinCare products (Optimera, EHT, Eye Serum etc.)
NSC requested this because NI is using NSC’s brand names and trademarks without NSC’s permission on products which do not contain a Nerium extract.
- The outcome of this case still awaits trial. No issues have been resolved. Preliminary injunctions are considered extraordinary relief and not usually granted.
- For example, the following issues remain to be decided.
· What are the roles of the parties, i.e. Who develops, researches and manufactures the Product-Line, and who sells, markets and distributes the Product-Line.
· Whether Nerium International is authorized under the Company Agreement to sell products that are not manufactured by Nerium SkinCare.
· Who owns the Trademarks, and whether NI may use them in conjunction with non-nerium products.
· Whether Jeff Olson mismanaged the financial affairs of Nerium International.
· Whether NSC overcharged NI for its product
· Whether NSC is legally permitted to sell its products to third parties.
· Whether the parties’ relationship should end.
NSC remains confident of the final outcome.
- For Updates and clarification regarding issues surrounding Nerium SkinCare’s products, and its relationship with its product distributor/partner, Nerium International, please check back here for Current News. If you have specific questions, please email info@neriumSkincare.com . This is a challenging time for Nerium SkinCare, so please be patient if we are not able to respond immediately. Know however that every consumer and brand partner is very important to us, and we deeply appreciate your confidence in our brand, and we will do everything possible to continue bringing you the best science has to offer in skin and body health products.