Attorneys & Professionals
Whitney Gibson, a partner in the Vorys Cincinnati office and the leader of the internet defamation group, was quoted in a Women’s Wear Daily story regarding ZO Skin’s Health’s product diversion strategy.
The story states:
“‘We do daily moderating and we get results of who’s selling the product online,’ said Whitney Gibson, ZO Skin Health’s lawyer, who added that they’ve caught physicians, employees of physicians and their family members selling items online. ‘Then, if we find anybody, we’ll send them a cease and desist letter. The minute they tell us the source of the product, we demand that they remove the products from the Internet and return all of them. Sometimes we’ll demand monetary compensation. If they don’t do that, then we’ll file a lawsuit against them and get a court order.’
Gibson added that the company doesn’t go to litigation often. ‘We file lawsuits, but usually people will settle with us because they realize they don’t really have a defense,’ he said. ‘We have court authority to serve subpoenas on Web sites or the host of the Web site to get the identifying information of who’s behind the product. Eighty percent is cease and desist letters versus actually having to take it to court.’
In the last three years the company and Gibson have brought down 120 Web sites. If someone is selling a diverted product they’re not looking at expiration dates, they are not sending them with the special packaging that’s required and they aren’t making sure that they’re stored in accordance to room temperature.”
To read the entire story, visit the Women’s Wear Daily website. (Subscription required).