On July 16, 2010, Mary Kay filed two more lawsuits against product liquidators. These lawsuits follow successful litigation against Touch of Pink Cosmetics, and successfully shutting down other product liquidators. MK is suing Beauty Peddler LLC (owned by Susan Morris) and StrawberryLipstick.com.
In general, what product liquidators do is not illegal or a violation of any of Mary Kay’s rights. Anyone can sell any legal product that they legally own at any time. They’re allowed to tell people what the product is, what the brand name is, and anything that accurately describes the product. So saying the products a liquidator is selling are “Mary Kay” products is just fine.
Mary Kay is complaining that these liquidators are selling products that are “old, expired, discontinued, or beyond their shelf-life.”. Remember that MOST of Mary Kay’s products do not have expiration dates on them. Remember, too, that lots of active MK consultants are selling products equally as old as the ones the liquidators are selling.The claim that they are selling “discontinued” products is funny to me. Mary Kay changes their products and packaging so often that consultants and directors are left with thousands of dollars of “discontinued” products on their shelf. Should they not sell those “discontinued” products? Shouldn’t directors and consultants be sued too, if they’re selling “discontinued” products?
The company is also trying to get Beauty Peddler on the idea that they say their products come from “retired” Mary Kay consultants, and MK knows those products have come from other sources (i.e. current consultants).
Mary Kay is making trademark claims against the liquidators too. Although they’re allowed to identify the products they’re selling as Mary Kay products, MK is making a stink about the fact that the liquidators are confusing customers and not telling them that the products don’t come with Mary Kay’s “product guarantee.” And StrawberryLipstick is being accused of copyright infringement as well.
Here’s a funny claim that Mary Kay is making. StrawberryLipstick calls the Mary Kay products “brand new.” Mary Kay is claiming that since they did not buy the products directly from Mary Kay, they cannot call them “brand new.” How stupid. If the products are unused, then YES, they are “brand new,” regardless of whether someone bought them from Mary Kay directly or a third party.
Mary Kay has been successful again. Both Beauty Peddler and Strawberry Lipstick are shut down. I can’t wait to see who the company’s next target will be.
Mary Kay is out of control.They are obviously trying to scare anyone and everyone away from becoming a product liquidator. Although there is nothing inherently illegal or improper about being a product liquidator, MK will continue to use technicalities to shut them down. If MK is successful, then former (and current) consultants have one less avenue to recoup some of the money they’ve lost from silly inventory purchases (of things they can’t sell). They also take away one option for the consumers, which forces them back to current consultants for their purchases, and make MK more money.
Look…. All the liquidators are doing is finding a way for people to unload some of this product they can’t sell. Mary Kay doesn’t want that product sold. They essentially want it to sit in a basement or garage and go unsold, so that MK can sell more to its consultants. Letting products go to waste puts more money into MK’s pocket, and that’s exactly what they want. The greed continues.
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