ZELTIQ Aesthetics ZLTQ, a medical technology company focused on
developing and commercializing products utilizing its proprietary
controlled-cooling technology platform, today announced it filed a lawsuit in
the United States District Court for the Middle District of Florida, Tampa
Division, against Marco Hallerbach, MD, and Dr. Hallerbach & Associates, Inc.,
for false advertising, false designation of origin, unfair competition,
trademark infringement, and unfair and deceptive trade practices. In addition,
ZELTIQ simultaneously filed a motion requesting a preliminary injunction to
cease Dr. Hallerbach's misleading advertising and prevent him from further use
of ZELTIQ's trademarks.
Dr. Hallerbach, doing business as Dr. Hallerbach and Associates, Inc.,
operates a “cosmetic medicine and weight management” clinic under the name of
Get Your Shape Back. The clinic is representing to prospective customers and
patients that its purported Cryolipolysis treatments are the authentic,
unique, patented FDA-cleared CoolSculpting treatments developed by ZELTIQ. In
its complaint, ZELTIQ alleges that Dr. Hallerbach's attempts to pass off his
services as authentic CoolSculpting treatments have resulted in actual
customer confusion and dissatisfaction with the sham procedure. ZELTIQ further
alleges that in addition to baiting potential patients into his own clinic,
Dr. Hallerbach also offers these services to various spas in the area. Dr.
Hallerbach has ignored cease and desist demands from ZELTIQ and continues to
offer the purported Cryolipolysis treatments.
ZELTIQ is the exclusive licensee of Cryolipolysis, the 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.
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