New York skincare brand granted injunction against Australian company

On 3rd March 2008, in the New South Wales Registry of the Federal Court of Australia, emerginC Skincare, owned by Renature Skincare USA Inc, were successful in obtaining a number of injunctions sought against CPL Australasia Pty Ltd and owner Scott Michaelson, former Neighbours actor and manager of Holly Valance.

Owner and founder of emerginC, Ian Lirenman, flew to Sydney last month to meet with beauty salon clients to address their concerns over alleged product recalls and supposed delays with shipping. The problems were only discovered by emerginC when the New York office began to receive calls from salons all over Australia expressing concerns over the alleged issues. The injunctions were obtained by way of enforceable undertakings that were granted by the Court as a result of agreement between Renature Skin Care, CPL Australasia and Scott Michaelson.

CPL Australasia did have an exclusive distribution contract with the brand for Australia and NZ, and Scott Michaelson made the undertakings on a “without admissions” basis.

Renature Skin Care maintains its allegation that CPL Australasia and Scott Michaelson had in a number of ways deliberately misrepresented the emerginC brand and knowingly made false claims about the brand in Australia and NZ. Renature alleges that this was done by CPL in an attempt to establish their own range of copycat skincare.

EmerginC shot to stardom in 1996 when it launched with a single product, their well-known Vitamin C serum. Renature says celebrities including Halle Berry, Jennifer Anniston, Paris & Nicky Hilton, Matt Damon, Keri Russell, Sandra Bullock, Sharon Stone and Adam Sandler have all used emerginC.

Renature, CPL Australasia and Scott Michaelson will meet for mediation to attempt to resolve their differences before this matter can proceed to a full court trial.

EmerginC’ s new Australian Agent, Inskin Cosmedics International, will now handle distribution for the brand in Australia and NZ.