On October 23, 2012, Salon Spa Supply LLC ("SSS") of Norcross, Georgia, filed a Verified Complaint for Injunctive Relief and Damages against Touspa, LLC ("Touspa") of Atlanta, Georgia, Minh-Tuan Jgoc Hoang ("Tony Huang") of Tucker, Georgia, and Tran Pham of Loganville, Georgia. The 67-page complaint includes nine counts, including design patent infringement, breach of contract, breach of fiduciary duty, tortious interference with contractual relations, unfair competition and false designation of origin under the Lanham Act, and unfair competition under the Georgia Uniform Deceptive Trade Practices Act.
The lengthy complaint details the story of a broken partnership involving nail salons, foot tub designs, and overseas illegal activity. The primary focus of the complaint is on a certain partnership agreement and a non-compete agreement, which SSS contends have been breached. SSS alleges that it is the owner of all right, title, and interest to U.S. Patent Number D622,858 S. According to SSS, Tony Huang, while still a partner at SSS, shipped a sample of SSS's patented foot tubs to a relative in Vietnam for the purposes of copying and mass-producing the tubs. SSS claims that shortly thereafter Huang left SSS and started Touspa, which now produces the allegedly infringing foot tubs. Then the defendants allegedly opened a competing nail salon within an area prohibited by the non-compete agreement.
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SSS is asking the Court for a variety of relief, including injunctive relief and liquidated damages of $144,000 pursuant to the non-compete agreement, actual and punitive damages, costs, and attorney's fees.
The case is Salon Spa Supply LLC v. Touspa, LLC et al., No. 1:12-cv-03701-AT, U.S. District Court for the Northern District of Georgia, Atlanta Division, and is assigned to U.S. District Judge Amy Totenberg.