DD Karma, a Guthy-Renker company, filed suit in 2017 raising claims of false advertising and unfair competition, and alleging Michael Todd’s SonicSmooth at-home dermaplaning device infringed a DD Karma design patent and the trade dress of its competing Dermaflash product. Without answering the complaint, McDermott responded to the suit by filing a comprehensive motion to dismiss, challenging DD Karma’s claims both as alleged and on the merits.
With the motion to dismiss still pending, DD Karma filed a motion to amend its complaint, voluntarily withdrawing all originally asserted claims and asserting instead an infringement claim based on a newly issued utility patent. But only a few weeks later, McDermott convinced DD Karma to drop this claim, as well, and on May 25, 2018, DD Karma voluntarily dismissed its complaint.
The case is DD Karma, LLC v. Michael Todd Beauty LLP et al., 1:17-cv-01434-RGA (D. Del).
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