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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA1045565
Filing date: 03/28/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91246051
Party DefendantGems Style Inc.
CorrespondenceAddress
JUAN DE LA CRUZGEMS STYLE INC6465 W 24TH AVE SUITE 201HIALEAH, FL 33016UNITED [email protected]
Submission Defendant's Notice of Reliance
Filer's Name JUAN DE LA CRUZ
Filer's email [email protected]
Signature /JUAN DE LA CRUZ/
Date 03/28/2020
Attachments APPLICANT NOTICE OF RELIANCE-8-OPP.91246051.pdf(87900 bytes )Exhibit A Notice of Reliance 8 Opp91246051.pdf(1538873 bytes )Exhibit B Notice of Reliance 8 Opp91246051.pdf(342447 bytes )Exhibit C Notice of Reliance 8 Opp91246051.pdf(1274857 bytes )Exhibit C-1 Notice of Reliance 8 Opp91246051.pdf(699012 bytes )Exhibit C-2 Notice of Reliance 8 Opp91246051.pdf(3761881 bytes )Exhibit D Notice of Reliance 8 Opp91246051.pdf(580952 bytes )Exhibit E Notice of Reliance 8 Opp91246051.pdf(144420 bytes )Exhibit F Notice of Reliance 8 Opp91246051.pdf(408238 bytes )
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In the Matter of Application Serial No. 88/026,610 For the mark: BOTO SMARTPublished in the Official Gazette of December 25, 2018
ALLERGAN, INC., Opposer,
v. Opposition No. 91246051
GEMS STYLE INC., Applicant.
APPLICANT’S NOTICE OF RELIANCE PURSUANT TO RULE 2.122(e) and (g)
ON INTERNET MATERIAL
Applicant Gems Style, Inc., pursuant to Rule 2.122(e)(2) and (g) of the Trademark Rules of
Practice and Section 704.08(b) of the Trademark Trial and Appeal Board Manual of Procedure (June
2019), submits this Notice of Reliance on the internet materials attached as evidence. Specifically,
Applicant offers true and correct printouts of portions of the websites located at the following URL:
Exhibit A. http://ttabvue.uspto.gov/ttabvue/v?pno=91246051&pty=OPP&eno=7
Exhibit B. https://www.americanmedspa.org/news/169394/A-Black-Market-for-Botox.htm
Exhibit C-1. https://www.ebay.com/itm/163945074766
Exhibit C-2. https://www.google.com/search?
q=botox+injections+product&tbm=isch&chips=q:botox+injections+product,online_chips:allergan&hl=
en&ved=2ahUK…
Exhibit D.- https://www.medaestheticsgroup.com/botox-marketing
Exhibit E.- https://www.botoxcosmetic.com/
1
In the above-listed website printout of portions of the TTAABVUE database accessible at
USPTO TTABVUE website (Exhibit A) with the Opposer's TESTIMONY DECLARATION OF
COLLEEN MCKENNA the Board can see, that this Opposer's Testimony is prove that Opposer’s
goods are "EXPENSIVE PRODUCT” and have "SOPHISTICATED PURCHASERS". Specifically, in
the point 25 where the Opposer says: “Because the BOTOX® Product is an injectable pharmaceutical
preparation, it may be injected by doctors (including primary care physicians, dermatologists, and
plastic surgeons) and dentists, as well as physician assistants and registered nurses. In some states,
licensed practical nurses, aestheticians, and medical assistants are authorized to inject the BOTOX®
Product under physician supervision. There is no standard, nationally-recognized certification or
accreditation for BOTOX® Product injections, but organizations such as the American Academy
of Facial Esthetics, the International Association for Physicians in Aesthetic Medicine, and The
American Association of Aesthetic Medicine and Surgery offer online and in-person training courses.”
In the above-listed websites printouts and throughout the Opposer's Testimony the Board
can appreciate that Opposer's goods have very high degree of care exercised by the purchasers and
ultimate user. The purchasers of Opposer's Marks are professional buyers. The prices of Opposer's
goods treatments are very expensive. The buyers of the Opposer's Marks are the Licensed Physicians at
the Licensed Aesthetic Clinic. It is impossible for the professionals listed by the Opposer at point 25 of
his Testimony to confuse a BOTOX Injection with a Hair Conditioner GS GEMS STYLE BOTO
SMART or vice versa as the Board can see in Exhibit C*, C-1 and C-2.
__________________________________
Exhibit C is the union of Exhibit C-1 and Exhibit C-2 both image in one page so that the two products , Applicant's mark and Opposer's
marks, can be seen comparatively side by side.
2
The degree of care exercised by the purchasers of Opposer's Marks has been made even higher
since the warning made by the Foods and Drugs Adminitration (FDA) alerting the Physicians that Fake
Botox injections was being sold in the United States market. Even Physicians are prohibited from
purchasing Botox injections at pharmacies outside of the United States even if they are originals
Opposer Allergan, Inc. Products. "Buying fake Botox is clearly illegal since it is not FDA-approved,
but many physicians still ask- what if I buy the real thing but I purchase the Botox from a company
outside of the U.S- is that legal? The answer is no. It is true that Allergan sells Botox to pharmacies
outside the U.S., particularly Canada, for a much reduced price. Of course, it is very enticing for
physicians to buy the Botox on the cheap from a different country and ship it back to the U.S. However,
the U.S. Drug Enforcement Administration (DEA) makes it illegal to import Botox or any other
injectable from another country because the product cannot be properly monitored. Botox must be
purchased directly from Allergan in the US where the FDA maintains safety levels not so strictly
adhered to in other countries. Importation of cosmetic injectables like Botox from outside of the US
can be a felony, subject to one year in prison and $100,000 in fines.", as you can see in Exhibit B.
Therefore, Applicant respectfully established that there is not be likelihood of confusion
because this is a Consumer’s Degree of Care. The more sophisticated the potential buyers of the goods
or the more costly the goods, the more careful and discriminating the reasonably prudent purchaser
exercising ordinary caution may be. Where the ordinary consumer is deemed sufficiently
sophisticated to discern differences between two “competing marks”, the law forecloses protection for
the senior trademark. Highlighting here in favor of the applicant that according to the Opposer's
Testimony, Applicant's mark and Opposer's marks are not competing marks since the Opposer's
Testimony relates all the functions of Opposer's marks and none of them are related to hair care as the
3
Applicant's mark does it. The point 4 of the Opposer's Testimony, titled BACKGROUND:
ALLERGAN AND THE BOTOX PRODUCT, says: "Allergan markets a portfolio of leading brands
and best-in-class products for the central nervous system, eyes care, medical aesthetics,
gastroenterology, women's health, urology, and anti-infective therapeutics." But specifically, the Board
can see that Opposer's marks do not take care of anything related to hair care. Therefore, Applicant
contends that Applicant's mark and Opposer's marks are not related.
CERTIFICATE OF SERVICE
I hereby certify that on March 28, 2020, I served the foregoing APPLICANT’S NOTICE OF
RELIANCE via e-mail to Opposer's addresses of record: [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected]
By: JUAN DE LA CRUZ, President
GEMS STYLE, INC.
6465 W 24TH AVE., SUITE 201
HIALEAH, FL 33016
Phone: 305-305-1840
4
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA1031735
Filing date: 01/28/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91246051
Party PlaintiffAllergan, Inc.
CorrespondenceAddress
KENNETH L WILTONSEYFARTH SHAW LLP2029 CENTURY PARK EAST, SUITE 3500LOS ANGELES, CA 90067UNITED [email protected], [email protected], [email protected], [email protected], [email protected],[email protected]
Submission Testimony For Plaintiff
Filer's Name Lauren M. Gregory
Filer's email [email protected], [email protected], [email protected]
Signature /Lauren M. Gregory/
Date 01/28/2020
Attachments McKenna Declaration BOTO.pdf(2782717 bytes )McKenna Ex A.pdf(2143550 bytes )McKenna Ex B.pdf(626464 bytes )McKenna Ex C.pdf(4364377 bytes )McKenna Ex D - Part 1.pdf(2970223 bytes )McKenna Ex D - Part 2.pdf(4298825 bytes )McKenna Ex E.pdf(461437 bytes )McKenna Ex F.pdf(596543 bytes )McKenna Ex G.pdf(2853891 bytes )McKenna Ex H.pdf(2420114 bytes )Cert of Svc - McKenna.pdf(4527 bytes )
60925160v.3
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In the Matter of Application Serial No. 88/026,610 For the mark: BOTO SMART Published in the Official Gazette of December 25, 2018
ALLERGAN, INC.,
Opposer,
v.
GEMS STYLE INC.,
Applicant.
Opposition No. 91246051
TESTIMONY DECLARATION OF COLLEEN MCKENNA
I, Colleen McKenna, state as follows:
1. I am over the age of eighteen and am employed by Allergan, Inc. (“Allergan”) as
the Vice President of Marketing, Facial Aesthetics. The facts contained in this declaration are
known to me personally or are based on my review of documents created and kept in the
ordinary course of business, and if called as a witness, I could and would competently testify to
them.
2. I have worked in marketing for Allergan since 2006. I have held my current role
of Vice President of Marketing, Facial Aesthetics, since January 2015. In this role, I oversee the
domestic marketing programs for all of Allergan’s facial aesthetic products, including the
product sold under the registered trademark BOTOX® (the “BOTOX® Mark”).
2 60925160v.3
I. BACKGROUND: ALLERGAN AND THE BOTOX® PRODUCT
3. Allergan, formed in 1977, is a global pharmaceutical company focused on
developing, manufacturing, and commercializing branded pharmaceuticals, devices, and biologic
products for patients around the world.
4. Allergan markets a portfolio of leading brands and best-in-class products for the
central nervous system, eye care, medical aesthetics, gastroenterology, women’s health, urology,
and anti-infective therapeutics.
II. FDA APPROVALS OF THE BOTOX® PRODUCT
5. In or about 1988, Allergan acquired the rights to distribute a product called
“OCULINUM.” Having received approval from the United States Food and Drug Administration
(“FDA”) in 1989 for this product, Allergan began distributing the product, an injectable form of
botulinum toxin type A, under the BOTOX® Mark (the “BOTOX® Product”) at least as early as
1990. Since that time, Allergan has continuously marketed the BOTOX® Product under the
BOTOX® Mark.
6. The BOTOX® Product was initially approved for the treatment of blepharospasm
associated with dystonia in patients 12 years and older.
7. In addition to the indication listed in paragraph 6, as of October 2019, Allergan’s
BOTOX® Product is also FDA approved for the following therapeutic indications:
a. Treatment of overactive bladder (OAB) with symptoms of urge urinary
incontinence, urgency, and frequency, in adults who have an inadequate response
to or are intolerant of an anticholinergic medication;
b. Treatment of urinary incontinence due to destrusor overactivity associated with a
neurologic condition [e.g., spinal cord injury (SCI), multiple sclerosis (MS)] in
3 60925160v.3
adults who have an inadequate response to or are intolerant of an anticholinergic
medication;
c. Prophylaxis of headaches in adult patients with chronic migraine (≥15 days per
month with headache lasting 4 hours a day or longer)
d. Treatment of upper and lower limb spasticity in adult patients;
e. Treatment of upper limb spasticity in pediatric patients 2 to 17 years of age,
excluding spasticity covered by cerebral palsy;
f. Treatment of lower limb spasticity in pediatric patients 2 to 17 years of age,
excluding spasticity covered by cerebral palsy;
g. Treatment of cervical dystonia in adult patients, to reduce the severity of
abnormal head position and neck pain;
h. Treatment of severe axillary hyperhidrosis that is inadequately managed by
topical agents in adult patients; and
i. Treatment of strabismus in patients 12 years of age and older.
8. In or about 1999, Allergan began clinical trials of the BOTOX® Product for
cosmetic use and shipped the product under the BOTOX® Mark during those trials.
9. In April 2002, the FDA approved Allergan’s BOTOX® Product for a cosmetic
indication: the temporary improvement in the appearance of moderate to severe glabellar lines
associated with corrugator and/or procerus muscle activity—the wrinkles and lines commonly
referred to as frown lines.
10. In 2013, the FDA approved the BOTOX® Product for a second cosmetic
indication: the temporary improvement in the appearance of moderate to severe lateral canthal
lines associated orbicularis oculi activity—commonly known as “crow’s feet.”
4 60925160v.3
11. In 2017, the FDA approved the BOTOX® Product for a third cosmetic indication:
the temporary improvement in the appearance of moderate to severe forehead lines associated
with frontalis muscle activity. This approval rendered the BOTOX® Product the first and only
neurotoxin indicated for three facial treatment areas.
12. When the BOTOX® Product is used for its cosmetic indications, the FDA requires
that the term “Cosmetic” appear next to the BOTOX® Mark. Therefore, when Allergan promotes
the BOTOX® Product for a cosmetic indication, the mark appears as “BOTOX® Cosmetic.”
13. As of today, there are eleven FDA-approved therapeutic indications and three
FDA-approved cosmetic indications for the BOTOX® Product. Attached as Exhibit A is a true
and correct copy of the October 2019 version of the prescribing information for the BOTOX®
Product for therapeutic indications. Attached as Exhibit B is a true and correct copy of the
November 2019 version of the prescribing information for the BOTOX® Product for cosmetic
indications.
14. Clinical trials are frequently occurring to determine if Allergan’s BOTOX®
Product is effective for other indications, including hair loss. Attached hereto as Exhibit C are
true and correct printouts from ClinicalTrials.gov reflecting studies on use of Allergan’s
BOTOX® Product to treat hair loss.
III. ALLERGAN’S MARKETING OF ITS BOTOX PRODUCT
15. Shortly after the 2002 FDA approval of the BOTOX® Product to treat glabellar
lines, Allergan launched direct-to-consumer print, radio, television, and Internet advertising to
promote this new treatment option.
16. From 2002 through 2018, Allergan has invested more than $298 million in direct-
to-consumer advertising of the BOTOX® Product for its cosmetic indication.
5 60925160v.3
17. Since 2013, Allergan has spent on average nearly $200 million each year
marketing, advertising, and promoting its BOTOX® Product.
18. Attached hereto as Exhibit D are true and correct copies of samples of some of
Allergan’s print advertisements for its BOTOX® Product over the years. As shown, Allergan has
advertised its BOTOX® Product for cosmetic indications in popular and widely-circulated
magazines including Elle, Glamour, Self, Redbook, InStyle, and People. Allergan has also
marketed directly to health care professionals who administer the product in publications such as
Skin & Allergy News, Archives of Dermatology, and the Journal of the American Academy of
Dermatology.
19. Allergan promotes the BOTOX® Product online at, among other places, a website
located at www.botoxcosmetic.com, a true and correct printout of the home page of which is
attached as Exhibit E, and on various social media platforms. Allergan maintains a YouTube®
channel for BOTOX® Cosmetic and posts promotional content on Instagram® and Facebook®.
Allergan’s Instagram account for BOTOX® Cosmetic has 772,000 followers, as evidenced by the
true and correct printout attached as Exhibit F. Meanwhile, as of December 10, 2019, the
Facebook page for BOTOX® Cosmetic has been “liked” by 85,127 people, and has more than
87,000 followers, as evidenced by the true and correct printout attached as Exhibit G.
IV. CONSUMER AWARENESS OF ALLERGAN’S BOTOX® PRODUCT
20. In light of Allergan’s substantial and continuous marketing investment in its
BOTOX® Product, Allergan receives unsolicited placement for its BOTOX® Product thanks to
the product’s fame and popularity. For instance, in 2005, Brand Week magazine rated Allergan’s
BOTOX® Product as being the number one placed brand in television programs and movies,
6 60925160v.3
notwithstanding the fact that Allergan has never paid to place its products in television or
movies.
21. In addition, the BOTOX® Product has received substantial nationwide media
attention. For example, the BOTOX® Product has twice appeared on the front page of the New
York Times, has appeared on the covers of Newsweek and People, and has been featured in every
major women’s beauty magazine. In fact, from 2002 to 2018, Allergan’s BOTOX® Product has
been advertised in more than 100 magazines, equating to more than 1,500 insertions. This figure
does not include the significant number of unsolicited mentions in organic beauty blogs
(personal websites) and vlogs (user-generated video coverage on sites like YouTube®) that cover
users’ experience with the BOTOX® Product. Because these are not paid placements, it is
difficult to quantify the number of mentions.
22. To inform its ongoing business development and marketing efforts, Allergan
conducts and obtains market research regarding its own products and competing products.
Allergan tracks the awareness of consumers at every range of the buying cycle—from consumers
who have never even considered using the BOTOX® Product or an injectable cosmetic
pharmaceutical, to those who are regular users.
23. Not surprisingly, as a result of Allergan’s extensive and continuous marketing
efforts and the huge success of the BOTOX® Product, as of November, 2019, the total unaided
brand awareness for the BOTOX® Product was 69% and the total aided brand awareness for the
BOTOX® Product was 95%. The universe for our awareness study consisted of aesthetically
oriented women, aged 30 to 65, who had never had any type of facial injectable before.
24. Through this market research, Allergan has also learned that other beauty
products, which consumers purchase with the hope of creating a more youthful or fresh
7 60925160v.3
appearance, compete with Allergan’s BOTOX® Product even though the BOTOX® Product is an
injectable product and not a topically-applied product.
25. Because the BOTOX® Product is an injectable pharmaceutical preparation, it may
be injected by doctors (including primary care physicians, dermatologists, and plastic surgeons)
and dentists, as well as physician assistants and registered nurses. In some states, licensed
practical nurses, aestheticians, and medical assistants are authorized to inject the BOTOX®
Product under physician supervision. There is no standard, nationally-recognized certification or
accreditation for BOTOX® Product injections, but organizations such as the American Academy
of Facial Esthetics, the International Association for Physicians in Aesthetic Medicine, and The
American Association of Aesthetic Medicine and Surgery offer online and in-person training
courses.
26. As the BOTOX® Product has become increasingly popular, patients have sought
out injections not only at traditional doctors’ offices, but also at aesthetic medical centers and so-
called “med spas,” which offer both non-surgical aesthetic treatments and traditional day spa
services such as massage, skin care, and salon services for hair and nails. These med spas often
sell products that are used in, or complement, the cosmetic procedures and services they offer.
This includes both skin care products and hair products such as shampoo, conditioner,
straightener, and other styling aids.
27. Over the past several years, Allergan has noticed a trend in delivery of the
BOTOX® Product through aestheticians and med spas, where consumers are able to have all of
their beauty concerns addressed at a single location. Consumers who frequent these
establishments tend to have an interest in products and services that promote a more youthful and
aesthetically pleasing appearance, and are accustomed to seeing a single brand name associated
8 60925160v.3
with a collection of beauty products to improve the appearance of hair and of skin (e.g., DOVE®
shampoo and DOVE® skin cream) for purchase at a single point of sale.
28. Indeed, it is common for both pharmaceutical preparations and cosmetics to be
sold in the same trade channels, namely, drug stores, pharmacies, and mass merchandisers and
supermarkets with pharmacy sections, as well as in med spas.
V. THE SUBSTANTIAL SALES OF ALLERGAN’S BOTOX® PRODUCT
29. Allergan’s BOTOX® Product has enjoyed nearly 30 years of commercial success.
During this time period, from 1998 through 2018, Allergan has earned revenues of more than
$28.7 billion for products sold under its BOTOX® mark, approximately 70% of which represents
U.S. sales. For the last five years, annual revenues for the BOTOX® Product averaged $2.75
billion annually, as shown in Allergan’s Annual Reports and Form 10-Ks, excerpts of which are
attached hereto as collective Exhibit H. The financial information in the Annual Reports and
Form 10-Ks include information regarding revenue for the years immediately preceding the year
of the report. For example, the 2002 Annual Report includes the amount of revenue Allergan
received from sales of the BOTOX® Product in 1998, 1999, 2000, 2001, and 2002. I therefore
have only included excerpts from eight of the Reports, which collectively reflect revenue figures
from 1998 through 2018. Allergan’s Annual Reports are prepared in the ordinary course of
business, and because Allergan is publicly traded, the financial information contained in those
reports is thoroughly audited each year. The table below provides an overview of Allergan’s
annual revenues for the BOTOX® Product from 1998 through 2018:
Year 1998 1999 2000 2001 2002 2003 2004 2005
Revenue
(millions)
$125.3 $175.8 $239.5 $309.5 $439.7 $563.9 $705.1 $830.9
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INDUSTRY NEWS: NEWS
A Black Market for Botox?Saturday, September 8, 2012 (0 Comments)
By Renee Elise Coover
Not only can you buy a fake Louis Vuitton handbag for $20 (normally priced over $1000) or acounterfeit iphone from China, but now you can even score fake Botox—a deadly toxin–on theBlack Market. Until now, Allergan, the only patented FDA-approved manufacturer of Botox in theUnited States, has successfully monopolized the market. Competition is on the rise as off-shoreand web-based companies lure licensed physicians to purchase counterfeit Botox at bargainprices by fraudulently claiming the Botox brand name on labels.
As Botox increasingly becomes more popular, claiming to cure not only wrinkles and frown linesbut even urinary incontinence and arthritis, the demand for this "miracle” drug is rapidlyincreasing. The demand continues to surge, and since there is no legitimate competitor, Allerganis able to use its monopoly power to increase the price.
As prices for this drug soar, illegitimate competition is surfacing – in the form of bootleg Botox.Physicians across the country are receiving mailers, emails and advertising materials fromdistributors claiming to sell Botox for much less than Allergan is charging and the question hasbecome- are these products legal? Can physicians purchase Botox from off-shore distributorsand how do they know if the distributor is selling "real” Botox or a counterfeit version?
According to the Food and Drug Administration (FDA), the United States Federal Food, Drug andCosmetic Act prohibits the interstate shipment (including importation) of unapproved newdrugs.[1] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftn1) Thus, importing anydrug that lacks FDA approval—whether for personal use or otherwise—violates the law.
How does one know if the distributor’s Botox is an unapproved drug? The FDA states thatunapproved new drugs are "any drugs, including foreign-made versions of US-approved drugs,that have not been manufactured in accordance with and pursuant to FDA approval.”[2](http://www.americanmedspa.org/a-black-market-for-botox/#_ftn2) Any medicine bought overthe internet from foreign sources, from storefront businesses that offer to buy foreign medicinefor the physician, or during trips outside the United States, may not be safe or effective becausethese medicines present health risks and their safety cannot be FDA ensured.
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The distribution of this new bootleg Botox threatens to undermine the safe manufacture, saleand transport of a potentially dangerous – and even deadly – drug in the United States.Additionally, its distribution causes a huge risk malpractice for physicians. If a physicianpurchases bootleg Botox (knowingly or unknowingly), injects it into a patient, and the patient isinjured because the product has been contaminated or damaged in shipment, it is likely thephysician would be fully responsible.
The problem is not only affecting the U.S. market but is becoming widespread across the globe.Recently, in China, the public was warned by the Ministry of Public Security to ensure they arebuying real Botox after it was discovered that a Chinese company was selling locally-made fakeBotox.[3] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftn3) The scam wasactually discovered after Allergan complained that its name, but not its product was being usedto sell Botox on an online shop in China.[4] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftn4)
Buying fake Botox is clearly illegal since it is not FDA-approved, but many physicians still ask-what if I buy the real thing but I purchase the Botox from a company outside of the U.S- is thatlegal? The answer is no. It is true that Allergan sells Botox to pharmacies outside the U.S.,particularly Canada, for a much reduced price. Of course, it is very enticing for physicians to buythe Botox on the cheap from a different country and ship it back to the U.S. However, the U.S.Drug Enforcement Administration (DEA) makes it illegal to import Botox or any other injectablefrom another country because the product cannot be properly monitored.Botox must bepurchased directly from Allergan in the US where the FDA maintains safety levels not so strictlyadhered to in other countries. Importation of cosmetic injectables like Botox from outside of theUS can be a felony, subject to one year in prison and $100,000 in nes.[5](http://www.americanmedspa.org/a-black-market-for-botox/#_ftn5)
So as the instance of counterfeit and imported Botox escalates, physicians and other purchasersof this popular drug must take extra care to check their sources and avoid the allure of buyingBotox outside the U.S. on the cheap - because the results could be very expensive indeed.
__________________________________________________________________________________
Renee Elise Coover <[email protected] (mailto:[email protected])> practices withThiersch & Associates in Chicago, Illinois. Thiersch & Associates specializes in med spa law. Formore information contact Thiersch & Associates, 180 N. LaSalle St., Suite 3700, Chicago, Illinois60601, (312) 981-0990, [email protected] (mailto:[email protected]).
[1] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftnref1)www.fda.gov/ForIndustry/ImportProgram/ucm173751.htm(http://www.fda.gov/ForIndustry/ImportProgram/ucm173751.htm)
[2] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftnref2) Id.
[3] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftnref3)http://www.globaltimes.cn/content/725765.shtml(http://www.globaltimes.cn/content/725765.shtml)
[4] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftnref4) Id.
[5] (http://www.americanmedspa.org/a-black-market-for-botox/#_ftnref5)http://www.fda.gov/ICECI/CriminalInvestigations/(http://www.fda.gov/ICECI/CriminalInvestigations/)
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10/3/2020 GS GEMS STYLE BOTO SMART Hair Treatment FormaldehydeFree-34oz /1000ml | eBay
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... Read moreFeatures: All Natural Ingredients, Contains Argan Oil, Contains Minerals,
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10/3/2020 GS GEMS STYLE BOTO SMART Hair Treatment FormaldehydeFree-34oz /1000ml | eBay
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26/2/2020 BOTOX Marketing for Your Practice | Five W ays to Market BOT OX.
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Marketing BOTOXYour un-of cial guide to generating more patients to your practice with Allergan's BOTOX.
Need Help Marketing Getting More Patients for BOTOX?
Get StartedWhat We Do
Your Guide toMarketing BOTOX.
Editor’s Note: This guide is evolving. “s web marketing changes and as we gain
insight into o ine channels, we will work towards making this the most
S C H E D U L E A C A L L
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comprehensive guide on ”otox marketing. ”ookmark this page and return soon for
future updates)
During our consultations with physicians and med spa owners, we are often
asked how to improve the number of clients a facility sees for BOTOX
Cosmetic. BOTOX on its own is a highly sought-after treatment and can be a
very beneficial addition to your practice to increase patient acquisition.
However, because of its popularity many providers offer the neurotoxin
injectable. How do you stand out from the rest and market your BOTOX
services effectively? Our team of aesthetic marketing experts has put
together this guide to discuss how to market BOTOX Cosmetic for your
facility whether you are a sole physician-owned facility,, surgical center or
dermatologist.BOTOX can be one of the most beneficial services your
practice offers, as neurotoxin injectables continue to be one of the most
sought after procedures. However, with so many providers offering the
injectable it is crucial that you take the right steps to stand out from your
competition and make the most of your marketing efforts.This guide will
heavily focus on how you can acquire new customers through digital
marketing but will also touch on offline channels that have shown success.
BOTOX Marketingand Your Practice.
The cornerstone of any ”OTOX marketing campaign should be the experience of
your practice. While a great marketing campaign can bring patients in, it is
important that you provide exceptional experience and results to build your
reputation and create loyal patients. Satisfied patients will ultimately propel practice
growth and will make your entire marketing campaign run much smoother.
”OTOX is one of the most requested treatments when it comes to aesthetics
services, so it is important that you capitalize on patient demand through both yourSchedule time with me
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digital and in-house marketing efforts.You can already start marketing with your
existing clientele. If you have patients come in for basic, noninvasive treatments like
facials, microdermabrasion, or dermaplaning you can introduce them to the idea of
injectables like ”OTOX. Patient education can be an extremely successful way to
get new ”OTOX patients from customers you already have. Most of all, injectables
can be a great way to increase patient expectations when it comes to both
preventative and anti-aging treatments. During your consultations be sure to talk
to your patients about all of their options to give them the best results possible which
will result in increased patient satisfaction and retention.
BOTOX Marketingand Your Website.
One of the most important aspects of ”OTOX marketing is that your site ranks high
for the treatment in your area. When choosing a provider, most patients start with a
Google search, and it is crucial that your site appears high up in the search results so
that you get seen.It is important to create ”OTOX content surrounding the area
and market you want to target. For instance, if you’re in Dallas, Texas, make sure
that you include the keyword, ”OTOX Dallas, on your page along with the other
cities nearby. You can also optimize for different demographics and needs, such as
BOTOX for Men or Preventative ”OTOX . If you also offer ”OTOX for
Migraines and underarm sweating, then make sure you have a special page
dedicated to the use of ”OTOX for those specific medical conditions.Take time to
write unique, well-wri en, content using your own experiences with patients as a
reference. Your content should answer frequently asked questions, showcase your
patient’s results, and give ample information about the treatment.
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Get BOTOX PatientsRight Away with
Google Ads & PPC.People are searching for BOTOX in their city every minute of the
day. There is no faster way to get in front of someone that is looking
to have a BOTOX treatment. This is the most effective form of
marketing BOTOX that there is. It needs to be done only by an
experienced Google Ad specialist as there are a great deal of
nuances when running a BOTOX Google Campaign. It's every easy
to spend money without generating any requests for treatment
and encountered many practices that have not had success.
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Do you need to build your reputation and your clientele fast? While optimizing
your website and building your organic search engine presence is absolutely
necessary for a long-term ”OTOX marketing strategy, sometimes immediate results
are needed and wanted. Crafting a paid search campaign is a great option for this as
ads will ensure that potential patients in your market see your practice and click on
you first. “ targeted PPC campaign can put you right in front of your target market
and can help you see the patients your practice wants and needs quickly.”y
targeting specific keywords, you can ensure that your ads will be seen by the groups
you want to become your patients. When you implement paid search into your
”OTOX marketing campaign you can expect to see results like calls and bookings
right away.
Get Socialwith BO TOX
Do you need to build your reputation and your clientele fast? While optimizing
your website and building your organic search engine presence is absolutely
necessary for a long-term ”OTOX marketing strategy, sometimes immediate results
are needed and wanted. Crafting a paid search campaign is a great option for this as
ads will ensure that potential patients in your market see your practice and click on
you first. “ targeted PPC campaign can put you right in front of your target market
and can help you see the patients your practice wants and needs quickly. ”y
targeting specific keywords, you can ensure that your ads will be seen by the groups
you want to become your patients. When you implement paid search into your
”OTOX marketing campaign you can expect to see results like calls and bookingsSchedule time with mepowered by Calendly
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right away.
Speak with a specialist that has experience running campaigns for aesthetics as it's
extremely easy to spend thousands of dollars and not generate any calls if the
campaign is not strategically structured. We not advise building your own Google
“d campaign.
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Patient Outreach andEducating NewPatients about
BOTOX ( andaddressing any
misconceptions) .
Do you need to build your reputation and your clientele fast? While optimizing
your website and building your organic search engine presence is absolutely
necessary for a long-term ”OTOX marketing strategy, sometimes immediate results
are needed and wanted. Crafting a paid search campaign is a great option for this as
ads will ensure that potential patients in your market see your practice and click on
you first. “ targeted PPC campaign can put you right in front of your target market
and can help you see the patients your practice wants and needs quickly.”y
targeting specific keywords, you can ensure that your ads will be seen by the groups
you want to become your patients. When you implement paid search into your
”OTOX marketing campaign you can expect to see results like calls and bookings
right away.
Create a MarketingPlan that Starts with
BOTOX.Schedule time with me
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While each aspect of ”OTOX marketing is important, the pieces of your marketing
campaign must complement each other and be strategic.”efore starting any of your
marketing efforts, evaluate where you are and where you want to be with your
”OTOX clientele. Create a budget and prioritize the areas that will return the most
patient acquisition for you and your practice. ”y integrating an aggressive, multi-
faceted strategy that utilizes your current clientele, and patient outreach you can
ensure success. We take care of all of your practice’s marketing efforts for you. Our
aesthetics-focused campaigns have helped many of our clients see increased patient
acquisition for ”OTOX and other treatments. Our marketing team is made up of
experts in aesthetics who know your treatments and how to target new patients. We
help your practice reach its true potential with us today to learn more about our
”OTOX marketing services and get started seeing new patients today!
Allergan has the BestBrand Box for
BOTOX. Leverage it.
“llergan goes far beyond what most manufacturers do to empower and educate
practices on their product, namely ”OTOX. Effective ”OTOX marketing spans
across channels and their ”rand ”OX gives you collateral and educational resources
for your staff.
We can't stress enough how important it is to educate all of your staff on the
effectiveness of ”OTOX. Their ”rand ”ox is a great place to start.
”elow is a screenshot of the log in screen for “llergan's ”rand ”OX. They alsoSchedule time with mepowered by Calendly
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feature support for their family of products. We highly recommend it for all of your
”OTOX Marketing.
Use MarketingProfessionals
Let your potential patients experience the difference that your medical aesthetic
practice offers, without them even stepping into your facility. ”y generating great
content for social media, your website, or other outlets, you are giving your clients a
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injector, aesthetician, or med spa owner, we understand that you are busy and
balancing a business and marketing campaign can be di cult. “t Med “esthetics
Group we take the stress off of you and your business! Our marketing professionals
are familiar with all of your treatments and services, and can create a strategic
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Retain,Convert and
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company that specializes in
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MARKETING INSIGHTS
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28/2/2020 Welcome to BOTOXCosmetic.com for Professionals! | BOT OX® Cosmetic
https://hcp.botoxcosmetic.com 1/2
REFERENCE:1. BOTOX Cosmetic Prescribing Information, October 2017.
BOTOX Cosmetic (onabotulinumtoxinA) IMPORTANT SAFETY INFORMATION, INCLUDING BOXED WARNING
WARNING: DISTANT SPREAD OF TOXIN EFFECT: Postmarketing reports indicate that the effects of BOTOX Cosmetic and all botulinum toxin products may spread from the area of injection to produce symptomsconsistent with botulinum toxin effects. These may include asthenia, generalized muscle weakness, diplopia, ptosis, dysphagia, dysphonia, dysarthria, urinary incontinence and breathing di culties. These symptomshave been reported hours to weeks after injection. Swallowing and breathing di culties can be life threatening and there have been reports of death. The risk of symptoms is probably greatest in children treated forspasticity but symptoms can also occur in adults treated for spasticity and other conditions, particularly in those patients who have an underlying condition that would predispose them to these symptoms. Inunapproved uses, including spasticity in children, and in approved indications, cases of spread of effect have been reported at doses comparable to those used to treat cervical dystonia and spasticity and at lowerdoses.
Important InformationIndicationsBOTOX Cosmetic (onabotulinumtoxinA) is indicated in adult patients for the temporary improvement in the appearance of:- moderate to severe glabellar lines associated with corrugator and/or procerus muscle activity- moderate to severe lateral canthal lines associated with orbicularis oculi activity- moderate to severe forehead lines associated with frontalis activity
IMPORTANT SAFETY INFORMATION (continued)CONTRAINDICATIONSBOTOX Cosmetic is contraindicated in the presence of infection at the proposed injection site(s) and in individuals with known hypersensitivity to any botulinum toxin preparation or to any of the components in theformulation.
THREE
INDICATIONS.
ONE NAME.
BOTOX Cosmetic is the only FDA-treatment for the temporary improthe appearance of moderate to seforehead lines, lateral canthal linesglabellar lines in adults.
®
1
Actual patient treated for moderate to severe forehead, crow's feet and glabellar lines. Results may vary.
PRODUCT
Learn everything you need to know about BOTOX Cosmetic, including the results
from pivotal clinical studies.Actual patient treated for moderate to severe crow's feet
and glabellar lines. Results may vary.
®
DOSAGE & ADMINISTRATION
Find detailed instructions on how to correctly prepare and administer BOTOX Cosmetic.
.Actual patient treated for moderate to severe crow's feet
and glabellar lines. Results may vary.
®
IN YOUR PRACTICE
Unlock the full potential of your partnership with BOTOX Cosmetic with a range of
support services.Actual patient treated for moderate to severe forehead, crow's feet
and glabellar lines. Results may vary.
®
GETTING STARTED
Set up your new Allergan account and add BOTOX Cosmetic to
your practice.CREATE AN ACCOUNT
®
CONTACT US
Have questions about Allergan products, new accounts, payments, or orders?
Call Customer Service at 1-800-377-7790.GET IN TOUCH
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BOTOX Cosmetic (onabotulinumtoxinA) IMPORTANT SAFETY INFORMATION, INCLUDING BOXED WARNING
WARNING: DISTANT SPREAD OF TOXIN EFFECT: Postmarketing reports indicate that the effects of BOTOX Cosmetic and all botulinum toxin products may spread from the area of injection to produce symptomsconsistent with botulinum toxin effects. These may include asthenia, generalized muscle weakness, diplopia, ptosis, dysphagia, dysphonia, dysarthria, urinary incontinence and breathing di culties. These symptomshave been reported hours to weeks after injection. Swallowing and breathing di culties can be life threatening and there have been reports of death. The risk of symptoms is probably greatest in children treated forspasticity but symptoms can also occur in adults treated for spasticity and other conditions, particularly in those patients who have an underlying condition that would predispose them to these symptoms. Inunapproved uses, including spasticity in children, and in approved indications, cases of spread of effect have been reported at doses comparable to those used to treat cervical dystonia and upper limb spasticity and atlower doses.
®
®
FULL PRESCRIBING INFORMATION INCLUDING BOXED WARNING WITH MEDICATION GUIDE
PRODUCT DOSAGE & ADMINISTRATION IN YOUR PRACTICE MORE INFO
28/2/2020 Welcome to BOTOXCosmetic.com for Professionals! | BOT OX® Cosmetic
https://hcp.botoxcosmetic.com 2/2
WARNINGS AND PRECAUTIONSLack of Interchangeability between Botulinum Toxin ProductsThe potency Units of BOTOX Cosmetic are speci c to the preparation and assay method utilized. They are not interchangeable with other preparations of botulinum toxin products and, therefore, units of biologicalactivity of BOTOX Cosmetic cannot be compared to nor converted into units of any other botulinum toxin products assessed with any other speci c assay method.
Spread of Toxin EffectPlease refer to Boxed Warning for Distant Spread of Toxin Effect.No de nitiv e serious adverse event reports of distant spread of toxin effect associated with dermatologic use of BOTOX Cosmetic at the labeled dose of 20 Units (for glabellar lines), 24 Units (for lateralcanthal lines), 40 Units (for forehead lines with glabellar lines), 44 Units (for simultaneous treatment of lateral canthal lines and glabellar lines), and 64 Units (for simultaneous treatment of lateral canthallines, glabellar lines, and forehead lines) have been reported.
Serious Adverse Reactions With Unapproved UseSerious adverse reactions, including excessive weakness, dysphagia, and aspiration pneumonia, with some adverse reactions associated with fatal outcomes, have been reported in patients who received BOTOXinjections for unapproved uses. In these cases, the adverse reactions were not necessarily related to distant spread of toxin, but may have resulted from the administration of BOTOX to the site of injection and/oradjacent structures. In several of the cases, patients had pre-existing dysphagia or other signi cant disabilities. There is insu cient information to identify factors associated with an increased risk for adversereactions associated with the unapproved uses of BOTOX . The safety and effectiveness of BOTOX for unapproved uses have not been established.
Hypersensitivity ReactionsSerious and/or immediate hypersensitivity reactions have been reported. These reactions include anaphylaxis, serum sickness, urticaria, soft-tissue edema, and dyspnea. If such reactions occur, further injection ofBOTOX Cosmetic should be discontinued and appropriate medical therapy immediately instituted. One fatal case of anaphylaxis has been reported in which lidocaine was used as the diluent and, consequently, thecausal agent cannot be reliably determined.
Cardiovascular SystemThere have been reports following administration of BOTOX of adverse events involving the cardiovascular system, including arrhythmia and myocardial infarction, some with fatal outcomes. Some of these patientshad risk factors including pre-existing cardiovascular disease. Use caution when administering to patients with pre-existing cardiovascular disease.
Increased Risk of Clinically Signi cant E ffects with Pre-existing Neuromuscular DisordersIndividuals with peripheral motor neuropathic diseases, amyotrophic lateral sclerosis, or neuromuscular junction disorders (eg, myasthenia gravis or Lambert-Eaton syndrome) should be monitored when givenbotulinum toxin. Patients with neuromuscular disorders may be at increased risk of clinically signi cant effects including generalized muscle weakness, diplopia, ptosis, dysphonia, dysarthria, severe dysphagia, andrespiratory compromise from onabotulinumtoxinA (see Warnings and Precautions).
Dysphagia and Breathing Di cultiesTreatment with BOTOX and other botulinum toxin products can result in swallowing or breathing di culties. Patients with pre-existing swallowing or breathing di culties may be more susceptible to thesecomplications. In most cases, this is a consequence of weakening of muscles in the area of injection that are involved in breathing or oropharyngeal muscles that control swallowing or breathing (see Boxed Warning).
Pre-existing Conditions at the Injection SiteCaution should be used when BOTOX Cosmetic treatment is used in the presence of in ammation at the proposed injection site(s) or when excessive weakness or atrophy is present in the target muscle(s).
Human Albumin and Transmission of Viral DiseasesThis product contains albumin, a derivative of human blood. Based on effective donor screening and product manufacturing processes, it carries an extremely remote risk for transmission of viral diseases and variantCreutzfeldt-Jakob disease (vCJD). There is a theoretical risk for transmission of Creutzfeldt-Jakob disease (CJD), but if that risk actually exists, the risk of transmission would also be considered extremely remote. Nocases of transmission of viral diseases, CJD or vCJD have ever been identi ed for licensed albumin or albumin contained in other licensed products.
ADVERSE REACTIONSThe most frequently reported adverse reaction following injection of BOTOX Cosmetic for glabellar lines was eyelid ptosis (3%).
The most frequently reported adverse reaction following injection of BOTOX Cosmetic for lateral canthal lines was eyelid edema (1%).
The most frequently reported adverse reactions following injection of BOTOX Cosmetic for forehead lines with glabellar lines were headache (9%), brow ptosis (2%) and eyelid ptosis (2%).
DRUG INTERACTIONSCo-administration of BOTOX Cosmetic and aminoglycosides or other agents interfering with neuromuscular transmission (eg, curare-like compounds) should only be performed with caution as the effect of the toxinmay be potentiated. Use of anticholinergic drugs after administration of BOTOX Cosmetic may potentiate systemic anticholinergic effects.
The effect of administering different botulinum neurotoxin products at the same time or within several months of each other is unknown. Excessive neuromuscular weakness may be exacerbated by administration ofanother botulinum toxin prior to the resolution of the effects of a previously administered botulinum toxin.
Excessive weakness may also be exaggerated by administration of a muscle relaxant before or after administration of BOTOX Cosmetic.
USE IN SPECIFIC POPULATIONSThere are no studies or adequate data from postmarketing surveillance on the developmental risk associated with use of BOTOX Cosmetic in pregnant women. Ther e are no data on the presence of BOTOX Cosmeticin human or animal milk, the effects on the breastfed child, or the effects on milk production.
Please see BOTOX Cosmetic Full Prescribing Information including Boxed Warning and Medication Guide.
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BOTOX Cosmetic (onabotulinumtoxinA) IMPORTANT SAFETY INFORMATION, INCLUDING BOXED WARNING
WARNING: DISTANT SPREAD OF TOXIN EFFECT: Postmarketing reports indicate that the effects of BOTOX Cosmetic and all botulinum toxin products may spread from the area of injection to produce symptomsconsistent with botulinum toxin effects. These may include asthenia, generalized muscle weakness, diplopia, ptosis, dysphagia, dysphonia, dysarthria, urinary incontinence and breathing di culties. These symptomshave been reported hours to weeks after injection. Swallowing and breathing di culties can be life threatening and there have been reports of death. The risk of symptoms is probably greatest in children treated forspasticity but symptoms can also occur in adults treated for spasticity and other conditions, particularly in those patients who have an underlying condition that would predispose them to these symptoms. Inunapproved uses, including spasticity in children, and in approved indications, cases of spread of effect have been reported at doses comparable to those used to treat cervical dystonia and upper limb spasticity and atlower doses.
®
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Listing infoPage views: 69Duration: Good 'till cancelledStart time: Feb 14, 2020 20:16:11 PST
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Quantity: 1
Condition: New with box
Price: US $569.95 Buy It Now
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Item location: Hialeah, Florida, United States Ships to: United States and many other countries | See details
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GS GEMS STYLE BOTO SMART HairTreatment FormaldehydeFree-34oz /1000mlKit x 4
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Item specifics
Condition: New with box: A brand-new, unused, and unworn item(including handmade items) in the original packaging (such as... Read more
Gender: Unisex
Features: All Natural Ingredients, Contains Argan Oil, Contains Minerals,Contains Vitamins, Cruelty-free/No Animal T esting
Model: MEDIUM4
MPN: 4MEDIUM Country/Region of Manufacture: Dominican RepublicAge Group: All Ages Type: Brazilian Blowout/KeratinBrand: GS GEMS STYLE Hair Type: All Hair TypesUPC: Does not apply
Description
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10/3/2020 GS GEMS STYLE BOTO SMART Hair Treatment FormaldehydeFree-34oz /1000ml Kit x 4 | eBay
https://www.ebay .com/itm/164082673567 2/3
00069
PROFESSIONAL USE ONLY
GS GEMS STYLE BOTO SMART is a revolutionary hair reconstructor and volumen reducing treatmen that eliminates frizzy , leaving it healthy and shinny for about 4 months. It works on all type of hair .
INSTRUCTIONS:
1- Wash the hair with GS Gems StyleClarifying Shampoo 2 or 3 times and towel dry .
2- Divide hair into four quarter and apply GS GEMS STYLE Boto Smart to small sections from the root to the end. (If the hair has been treated witha lot of colors or relaxers, it could become stiff. In thatcase, comb the hair with a wet comb)
3- Let the treatment work for 20 to 45 minutes, then dry 100% and flat iron onsmall sections 430 gF, 4 to 6 times from the root to the end.
INGREDIENTS: AQUA, CETEARYL ALCOHOL, CETRIMONIUMCHLORIDE, STEARTRIMONIUM CHLORIDE, AMODIMETHICONEAND TRIDECETH-12, KERASOL, METHYL CHLOROISOTHIAZOLINONE, PHENOXYETHANOL, CITRIC ACID,BENZYL BENZOATE,AND METHYLISOTHIAZOLINONE, CI 16035, CI 17200, PARFUM
Distributed by Gems Style, Inc.www.gscosmetics.comMiami, FL 33016Made in Dominican Republic
GS GEMS STYLE BOTO SMART es un revolucionario reconstructor capilar y tratamiento reductor de volumen que elimina el encrespamiento,dejándolo saludable y brillante durante unos 4 meses. Funcionaen todo tipo de cabello.
INSTRUCCIONES:
1- Lava el cabello con GS Gems StyleChampú clarificador 2 o 3 veces y seque con una toalla.
2- Divide el cabello en cuatro cuartos y aplique GS GEMS STYLEBoto Smart a secciones pequeñas desde la raíz hasta el final. (Si el cabello ha sido tratado con muchos colores o desrizados, podría volverse rígido, en ese caso peine el cabello con un peine mojadoy)
3- Dejar el tratamiento trabajar durante 20 a 45 minutos, luego secar al 100% y planchar secciones pequeñas 430 gF , 4 a 6 veces desde la raíz hasta la punta.
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10/3/2020 GS GEMS STYLE BOTO SMART Hair Treatment FormaldehydeFree-34oz /1000ml Kit x 4 | eBay
https://www.ebay .com/itm/164082673567 3/3
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