The maker of a body shaping device that claims to use electromagnetic pulses to tone and shape muscles, BTL Industries, has settled a lawsuit that accused a rival company of infringement.

BTL has filed a lawsuit against Beautiful by Pinky, a personal care company based in Chicago, Ill., Alleging that the company – which operates a spa known as Pinky Promise Beauty – for infringing its Emsculpt trademark.

Pinky Promise advertised and provided body sculpting treatments “via a counterfeit or non-Emsculpt device,” according to the lawsuit.

BTL’s Emsculpt device is FDA approved for use in stimulating neuromuscular tissue for massive muscle arousal in indications such as the prevention or reversal of muscle atrophy due to disuse and muscle rehabilitation.

Pinky Promise has agreed to cease all use of BTL’s trademarks and copyrighted images in the marketing of its services, to pay damages to BTL and to confiscate the infringing non-Emsculpt device at BTL.

The counterfeit device was purchased from a foreign manufacturer, but BTL insisted that even though Pinky Promise had not made it, he was still responsible for advertising his treatments as being administered using of an Emsculpt device.

“This complaint is the first of several to be filed against clinics that mislead non-genuine Emsculpt treatments,” BTL said.

Pinky Promise has warned spa service providers to be deceived by sellers of counterfeit and counterfeit Emsculpt devices, which are not FDA approved.

“I was wrong to trust the authenticity and effectiveness of a device sold by someone other than BTL,” a spokesperson for Pinky Promise said.

“I wish I had done more research on this particular manufacturer before ordering and advertising the product as an Emsculpt device.”

BTL also resolved a patent infringement lawsuit with AbbVie last month – which focused on Emsculpt technology – that led the drug company to make an undisclosed payment.


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