Landmark Decision Prohibits Sale Of Trademark Goods Over the Internet
INDIANAPOLIS—A big kudos goes out to founders Trevor and Edna Gray and the
rest of the Australian Gold team for being a part of a landmark decision that
prohibits the sale of trademark goods over the Internet.
The recent U.S. Court of Appeals decision is likely to have enormous consequences for manufacturers who are selling their goods through an exclusive dealership agreement as well as resellers who are selling product on the Internet.
The decision, in ETS versus Hatfield, upheld a $5.23-million jury verdict and a permanent injunction against an Oklahoma business that was reselling Australian Gold products via the Internet. The intellectual property case was won on the issue of the improper use of Australian Gold trademarks on products sold on the Internet.
Over the last five years, Australian Gold and its attorneys, Ice Miller LLP, have taken initiatives, including the filing of lawsuits of this type, to stop hundreds of businesses and individuals nationwide from improperly obtaining the lotions outside of the established distribution chain and then selling the lotions without the proper advice and guidance to the customers, including Internet sales.
The lawsuit is a landmark decision in the context of the Internet and trademark law. The defendants used the Australian Gold trademarks in the computer source code known as metatags and with a pay-for-placement service that allowed Internet Web sites to bid on search phrases to ensure that their Web site is listed at the top of the search results. Australian Gold sued under the federal Lanham Act alleging trademark infringement for the unauthorized use of the trademarks.
For more information, visit www.australiangold.com.
Desert Sun Tanning Salons Continue To Grow
MAPLE VALLEY, Calif.—Desert Sun Tanning Salons is growing rapidly in the Northwest and recently unveiled a sleek, new marketing look as well as a new company president.
Desert Sun CEO Maximo Ansola announced the hiring of Bareq A. Peshtaz as president of the company. Peshtaz began June 1 and his responsibilities include infusing Desert Sun with his own style of leadership, vision and drive, and taking the company to the next level and beyond.
Peshtaz spent the last six years working in the chemical distribution and international chemical trading industries for TR International, Inc., where he was responsible for the supply side management and overall marketing of several exclusive offshore product lines. His day-to-day responsibilities included supply-chain management and, more importantly, the overall business development and marketing strategy for the product lines. He also recently worked with Desert Sun Tanning Salons as a franchisee, involved in a partnership owning the rights to three franchises in Washington state. He and a partner also own the master sub-franchising rights for Oregon,where they already have signed new franchisees and started the proliferation of the Desert Sun brand. Peshtaz also is an active member of the Franchise Advisory Board and has been helping refine and strengthen the connection between corporate and its franchisees.
Ansola also unveiled the company’s new marketing redesign for all its corporate and franchise branding, advertising and promotional materials. “We are excited for this change, as it brings us to a more professional level moving forward,” he says. “We have had numerous comments on how classy our new look is.”
If you missed the Growth Strategies story last month, please log on to www.lookingfit.com or turn to page 66 of the June issue to read more about the company’s aggressive approach to branding.
For more information, visit www.desertsuntanning.com.
‘Real World’ Star At Eurowalls Booth In Las Vegas
LAS VEGAS—”The Real World: Key West” cast member Tyler was on hand at the Eurowalls booth at the Las Vegas Expo, June 29. Euroline/Eurowalls “Salon In A Box” was featured on MTV’s hit show as well as on A&E’s “Gotti Show.”
Show attendees were able to stop by and see him in person during the day. “The Real World: Key West” airs Tuesdays on MTV.
Win A Trip to Ibiza With Skinscience
TORONTO, Ontario—Skinscience™ recently launched a new contest in conjunction with its new INBED™ Tanning Intensifier. Simply go to the www.skinscience.ca to register and watch for an e-mail for a chance to win. The grand prize is an all-expense-paid trip Rock Your Tan in Ibiza, Spain as well as hundreds of other tanning-related prizes.
2007 Top 250 Salons Surveys Now Available Online
PHOENIX—LOOKING FIT® is taking submissions for the 2007 Top 250 Salons. The list will be published in a special Feb. 15 issue of LOOKING FIT magazine.
Access the application by logging on to www.lookingfit.com. Click on the Salon Tools section and drop down to “Top 250 Salons Application” link on the Web site. Simply print it, fill it out, mail it back or fax back to (480) 281-6026.
For more information about the Top 250 Salons listing, contact Janet McCombs at (480) 990-1101 ext. 1603, or e-mail her at jmccombs@vpico.com.
Interactive Designs To Host August NTTI Certifications
ALPHARETTA, Ga.—Interactive Designs, Inc., creators of SunTouch and SalonTouch salon management software, will host two NTTI Basic Certification courses in Florida during August. Trainings will be held Aug. 25 at the Beach Marriott Suites on Sand Key in Clearwater, Fla. and Aug. 26 at the Doubletree Castle Hotel in Orlando, Fla.
Interactive Designs will hold SunTouch and SalonTouch demonstrations during both events. For more information, contact Amy Nelson at (877) 725-6686, ext. 155.
Eye Pro Sponsors “Jungle Jack”Hanna
FORT WAYNE, Ind.—Eye Pro, Inc. swung to the rescue with “Jungle Jack” Hanna to assist a local exotic animal sanctuary. Eye Pro has been a long-time supporter of Black Pine Animal Park, a home for rescued and retired endangered animals.
Hanna, one of the world’s top zoologists and the star of “Animal Adventures,” “Into the Wild” and a frequent guest on “The Late Show with David Letterman” brought 14 animals and four staff members to entertain more than 2,000 attendees.
“I could not believe he brought a cheetah on stage,” says Brenda Fishbaugh, Eye Pro president. “We were so close, and the cheetah was so beautiful that I started to cry.”
Eye Pro was a platinum sponsor of the event and brought members from Indiana Tanning, a Wink-Ease® distributor, as its VIP guests.
Visit www.eyepro.net and click on the Photo Gallery to see all of the Jack Hanna photos and other endangered animals rescued by Eye Pro.
Soltron Introduces Its First-Ever Mattress Tanning Bed
JONESBORO, Ark.—Devouring competitors in its wake, Soltron introduces its first mattress tanning bed—the XL-200/20 Shark Mattress Xtra. The sunbed includes 20 520-watt high-pressure lamps in the canopy and a vertical spaghetti-lamp shoulder tanner combined with a soft, supple mattress that embraces clients in a smooth, wide surface. A traditional Soltron fan and additional face ventilation provide an extra boost of cooling pleasure. Clients demanding the ultimate in luxurious tanning pleasure will be hooked.
For more information, call (866) 243-9861.
Designer Skin Rebate Deadline This Month
TEMPE, Ariz.—The deadline to submit for the Designer Skin Rebate Program is July 31. The program credits salons for specified product purchases during the months of January through April. To receive the credit, salons must mail copies of invoices of qualified Designer Skin products to the company no later than July 31. A completed Salon Rebate Form must accompany all invoices.
Contact customer service at (877) 756-3337 or visit designerskin.com to obtain more information on policies and guidelines for the rebate program.
Something To Cheer About
SCOTTSDALE, Ariz.—John Abaté International™ provided each member of the New York-based Outlaw All-Star Cheerleaders and their coaches with full-sized bottles of Forever Summer™.
Based in Niagara and Erie counties, the 25 girls, aged 13 to 19, receive all their funding through their own efforts, their parents and local donors. They won two international championship titles last year—one in Florida and one in Canada. The Outlaws excelled again in 2006, winning at three international competitions.
Speaking of cheerleaders, JA received the invitation to attend the tryouts for the 2006 NFL Atlanta Falcons Cheerleaders, held March 23 at the Georgia World Congress Center. Richard Rubin represented JA as the judges viewed the performances of 250 applicants who sought to be on this year’s squad.
N.J. Bills Propose Restrictions For Tanning Salons, Customers
TRENTON, N.J.—On March 21 Assembly Bill 2936 was introduced in the New Jersey Legislature to institute statewide tanning salon restrictions. An identical bill, SB 1225, was introduced Jan. 30. Passage of the bills would prohibit minors under the age of 14 from using tanning facilities and would prohibit minors between ages 14 and 18 from using tanning facilities without written authorization of a parent or legal guardian. The prohibition would not apply to emancipated minors.
To find out more about these bills, log on to LOOKING FIT at http://www.lookingfit.com//news/2006/05/new-jersey-bills-propose-restrictions-for-tanning.aspx.
Team A.I. I. Joins Revlon Run/Walk Efforts Against Cancer
LOS ANGELES—American International Industries employees participated in the 13th Annual Revlon Run/Walk at the Los Angeles Memorial Coliseum at Exposition Park May 13 to raise awareness and funds crucial in the fight against women’s cancers.
The walks have generated nearly $37 million for cancer research, counseling and outreach programs to date. The day’s events included the run/walk, health expo and concerts from Chaka Khan and The Bangles.
More than 69,000 women will lose their lives this year to a form of women’s cancer. Approximately 213,000 new cases of breast cancer and 20,000 new cases of ovarian cancer will be diagnosed this year.
Salons For A Cure
FARMINGTON HILLS, Mich.—The Nailco Group, a 5-star Investor with the American Cancer Society, will partner with the organization to raise funds for cancer research by sponsoring Salons for the Cure. For the sixth consecutive year, the program will bring the salon community together in support of finding a cure for breast cancer. Since the program’s inception, more than $200,000 has been raised, with the Nailco Group matching donations dollar for dollar.
Salons can participate by donating $1 for a pink paper ribbon to display in the salon or contribute to the cause at the Partner level by purchasing 20 ribbons to sell to clients. Salon Partners receive an American Cancer Association Door Decal and Salons for the Cure Partnership Certificate in addition to the 20 ribbons.
For more information, visit theindustrysource.com or call (800) 362-6245.
Cosmedico Welcomes Distinguished Visitors
WEYMOUTH, Mass.—Cosmedico Light, Inc. President Jerry Frank recently welcomed a number of distinguished visitors to its U.S. headquarters to visit and tour the facilities. Dave and Annette Orlikowski of National Tanning Supply, Springfield, Ill. were able to meet with Jorg Wolff, founder of Stuttgart, Germany-based Cosmedico as well as Peter Vogelpoel, managing director of JW Holding in Stuttgart.
Left to right: Dave and Annette Orlikowski, Jorg Wolff, Peter Vogelpoel, Kevin Apgar (Cosmedico Light vice president) and Jerry Frank.
Canadian Franchise Holds Employee Model Search
OSHAWA, Ontario—Palm Beach Mega Tan held its 4th annual model search contest May 13 in Oshawa.
“This was the first year we’ve asked employees to participate,” say Marie and Harry Jones owners of the Palm Beach Mega Tan franchise. “We decided our staff is the best representative of our beautiful salons. We had 30 girls apply to compete. An outside committee narrowed the group down to our 12 finalists from our 27 franchise stores.”
More than 250 guests attended the formal dinner and gala event. The salon employee finalists competed in evening dresses and swimsuit competition and were judged on poise and confidence and how they would photograph for a large-print campaign.
Among the judges were Brenda Fishbaugh, president of Eye Pro, Inc.; Paul Harrington, international corporate sales manager of California Tan®; Cindy Cindric, Canadian sales manager of Cal Tan; John Aguiar and Teresa Zalefski, both of Silver Solarium Distributors; and Colin O’Reagan of BMO Bank of Montreal.
The winner was Sara Fennell of the Kingston store, owned by Diana and Dave Sutton. Fennell received more than $1,200 in cash prizes, as well as dozens of gift certificates, California Tan lotions and Wink-Ease® products. The runner-up was Stephanie Schaefer of the Peterborough store. She received more than $350 in cash, prizes and products.
Four Seasons Lends A Helping Hand
PARIS, Tenn.—True to its commitment to helping others, Four Seasons Sales and Service held a fund-raiser for April Sykes, a victim of violent crime who was hospitalized in Memphis for more than four months. Gloomy and rainy weather didn’t prevent individuals from waiting in line to purchase rib-eye and grilled chicken sandwiches to help defer some of Sykes medical expenses.
Although, her condition continues to improve, her road to recovery is long. LOOKING FIT congratulates Four Season on its efforts to assure a future filled with hope and promise.
Exclusive Advantages ‘Makes A Difference’
GREENSBORO, N.C.—Exclusive Advantages, Inc., is raising North American consumer awareness program through its “Make a Difference” campaign at www.tanninginfo.com. The company is using multiple technologies to create new tools designed to educate the consumer, salon owner and salon employees, says Dan Young, president.
“Its new marketing system is using the full benefits of technology to change mentalities and take our industry to a new level with the consumer on a year-round basis,” he says.
For more information, visit www.tanninginfo.com.
‘Real World’ Stars Appear At Las Vegas Tanning Expo
LAS VEGAS—Mystic Tan brought two of the stars of MTV’s “The Real World: Key West”, the latest edition of the No. 1-rated cable reality show, to the Tanning Expo in Las Vegas. John and Paula were on hand at the industry trade show June 29 in Mystic Tan’s booth signing autographs and helping to promote the Authentic Mystic Tan Experience.
UV World Committed To Training
JONESBORO, Ark.—UV World, Inc. held a training session April 12 at its headquarters in Jonesboro. Gene Czako, an engineer from LightSources, Inc., made the trip from Connecticut to provide information on the latest tanning lamp technologies and trends UV World can provide to its customers.
“Tanning lamps can be confusing, and our staff is committed to providing the best information in the industry, for the most important purchase decision you will make after the selection of your tanning bed,” says Tim Allison, vice president of sales.
Left to right: Tim Allison, T.L. Horton, LightSources’ Engineer Gene Czako, Byshee Pyle and UV World Owner John Aycock.
Have You Jumped On The Bizz Blog?
PHOENIX—Judie Bizzozero, group editorial director for LOOKING FIT® magazine, is hosting The Bizz Blog to share opinions, debate the issues and foster communication in the community. LOOKING FIT is the FIRST industry magazine to bring this exciting communication vehicle right to your computer.
To see what the buzz is about and keep a pulse on hot current issues, visit www.lookingfit.com.
People On The Move
Four Seasons (Paris, Tenn.) is going to need more room in its front lobby for its “Brewster the Rooster” Hall of Fame. Each month a new portrait is added to the collection of pictures displayed on the lobby’s wall. Congratulations to Maude Witt and Pam Lane who were May’s winners. Employees receiving the award exemplify a commitment to excellence by reflecting a team spirit and a positive attitude. These employees demonstrate a loyal commitment to salon owners and Four Seasons as they continue to go beyond the call of duty to assist fellow co-workers and salon clientele. (800) 325-2769 Fiji Blend, Inc. (Santa Monica, Calif.) announces that Nicole Bluem has joined the company as a sales executive. Her duties include interfacing with salons and distributors while providing education, product training and customer service. (888) 345-4826
Nichesoft (Carrollton, Texas) welcomes Courtney McNair as its new sales associate for TanTrack tanning salon software. McNair joined the company in late May and has made a wonderful addition to its team. (877) 488-2901 Congratulations to James Whipple, vice president of equipment sales for Future Industries (Stratford, Conn.), and his wife Shannon on the birth of their first child, Mia Elizabeth Whipple. Mia was born March 27 and weighed 8 pounds, 5 ounces and was 21 inches long. She is the picture of health and already lifting her head and smiling. (800) 346-3126
LeaseProcess (Wheat Ridge, Colo.) has added four new salespeople this year in order to more efficiently manage its growing business. LeaseProcess serves the tanning industry by helping salon owners better leverage their capital through smart leasing programs. (800) 942-9830
Future Industries (Stratford, Conn.) welcomes two new family members to its team. Karen “Reni” Vargo is a former salon owner who worked for Future for seven years as a full-service salon consultant. After relocating to Chesterfield, Va. in 2002 she joined a major lotion manufacturer as a regional sales manager in the mid-Atlantic region where she worked closely with salon owners helping them increase their retail sales and promotions. She is now back with Future as a senior salon consultant working from her home office in Virginia. She is responsible for the sales of lotions, lamps and Original Dr. Müller tanning equipment in the Southern region. She can be reached at (800) 346-3136, ext. 145 or reniv@futureindustries.com.
Lori Guttman joins the sales support team as a trainer and coach. Her background closely parallels the tanning industry as she has worked in health, fitness and nutrition for most of her career, formerly owning several clubs. Her extensive background in customer service and sales coaching is second to none. Guttman’s goals include being a mentor to current sales reps as well as growing the sales force. She also will teach a number of the salon certifications throughout the Northeast this Fall. She can be reached at (800) 346-3136, ext. 113 or lorig@futureindustries.com. (800) 346-3136
Puretan (Dallas) announces the return of Jorge Goya to its team.Goya previously worked for Puretan for three years before accepting a position at Dynamatrix as an operations manager. He returns to Puretan as production manager and is responsible for overseeing the day-to-day warehouse operations, including purchasing and production. (800) 338-8267
Creative Nail Design (Vista, Calif.) named International Business Services Supervisor Yelena Klinova its 2005 Employee of the Year and Chemist Thong Vu 2005 Manager of the Year. Yelena has been with the company for three years and is responsible for keeping international customers happy by ensuring order and efficiency. Of the many projects in the bustling laboratory, Thong is best recognized for his leadership of the award-winning Brisa Gel system launch and his participation with the New Markets committee. Creative Nail Design shows its appreciation to the Employee and Manager of the Year with special bonuses, designated prime parking spaces and honorary plaques. (877) 263-6245
Growth & Development
Designer Skin’s (Tempe, Ariz.) updated Web site at www.designerskin.com now includes a host of tools for salon operators. Its new “Ask Miss Sizzle” forum answers frequently asked questions and its product images are available for salons to use in co-op advertising. Log into the Salon Login Center to visit the product portion to view each of the Designer Skin brands and product collections. The Web site also includes a refresher course on product knowledge and sales as well as information on trainings via data conferencing. (877) 756-3337
Palm Beach Tan (Farmer’s Branch, Texas) received a “Franchise 50” ranking of the 50 highest-scoring recipients of the 2006 Franchisee Satisfaction Awards, announced by franchise validation service Franchise Business Review. The award was presented at the annual International Franchise Association Convention in Palm Springs, Calif., in February. The award recognizes franchise systems that encourage a high level of owner satisfaction. Franchisees were polled on their overall satisfaction with the Palm Beach Tan franchise system, as well as training and support, the franchisee/franchisor relationship, and the financial opportunity offered by Palm Beach Tan. The company received “very good” or “excellent” ratings in every category, with 4.1 out of 5 total points awarded for “overall satisfaction.” Out of nearly 250 participating organizations, Palm Beach Tan ranked in the top 50—designating the system as part of the elite “Franchise 50” group. (972) 406-2400
National Tanning Supply (Springfield, Ill.) celebrates more than 10 years of business. Since Day 1, the company has been committed to providing the best service, best products and best equipment to salons nationwide. National Tanning Supply thanks its dedicated staff and loyal customers for the past decade of success. (800) 359-8909
UVA SunSystems, Inc. (Brown’s Summit, N.C.) recently made a major upgrade to its lamps and parts site, www.TanningLamps4Less.com. It was redesigned to support owners of its Alpha Sun and other commercial tanning beds and make purchasing and finding compatible lamps easier. (800) 274-1744
This month, ProSun International LLC (St.Petersburg, Fla.) is slated to complete the total redesign of its online presence at www.prosun.com. The new Web site will feature all of the new bed models as well as expanded services for salon owners. Driving the redesign is a dedication to helping current and prospective customers find what they want as quickly as possible, while still presenting a unique and friendly experience. (800) 874-2776
Gurkee’s International (Tulsa, Okla.) received an Excellence in Exporting award from the Department of Commerce for its efforts in developing distributors to represent its products in Taiwan, Japan, Italy and the United Kingdom. Gurkee’s was recognized as a small business that helps contribute to Oklahoma being ranked third in the nation for exports. (800) 759-8901
MagicTan® (Cleveland, Ohio) announced a reorganization that splits the company into two divisions—MagicTan USA™ and MagicTan International™. MagicTan USA™ appointed Scott Thomason as chief executive officer and Nick Mastandrea as chief operating officer. Both have extensive experience in sunless tanning—mainly from designing and engineering MagicTan® sunless tanning products since the company’s onset in 2001.The company also appointed George Carriker as vice chairman. (888) 974-9977
Hollywoodsun/Sunvitale announces a new Web site accessible at www.usedtanningequipment.com. The site offers deals on high-end units of all makes. (704) 532-9662
