Discus Dental Files Suit to Protect BriteSmile(R) Trademark

* Reuters is not responsible for the content in this press release.

Fri Jun 26, 2009 3:40pm EDT

CULVER CITY, Calif., June 26 /PRNewswire/ -- Discus Dental, LLC ("Discus")
today announced that it has filed a lawsuit in Los Angeles federal court
against Florida-based BSML, Inc. ("BSML") charging BSML with breach of
contract and violation of Discus trademark rights.  By its lawsuit, Discus
seeks to end a license agreement with BSML for use of the Discus-owned
BriteSmile(R) trademark, a court order prohibiting BSML from future use of the
trademark, and damages to its valuable intellectual property rights associated
with the trademarked brand.  

In 2006, Discus purchased substantially all assets of BSML's predecessor
company, Britesmile, Inc., and its related entities, in a transaction valued
at $35 million.  Discus currently owns the rights to the BriteSmile(R)
trademark in connection with teeth-whitening services offered in dental
offices, where it is the exclusive supplier of BriteSmile(R) teeth-whitening
products and procedures.  As part of the transaction, Discus agreed to provide
BSML with limited rights to use the BriteSmile(R) trademark, and related
patents, for certain teeth-whitening procedures that BSML offers in its spa
locations.  BSML also retained the limited right to use the trademark for
certain types of toothpaste, mouthrinse, and teeth-whitening pens that it
offers over the internet and on the QVC home-shopping network.

The lawsuit alleges that BSML has breached the license agreement and violated
Discus trademark rights by harming the goodwill, reputation, and value of its
BriteSmile(R) trademark based on various BSML actions, including reports that
it has charged consumer credit cards for services never performed and closed
BSML spa locations without notice and refused to refund pre-paid appointment
charges.  The lawsuit also alleges BSML improperly has sought its own
trademark registrations on variations of the BriteSmile(R) mark in further
breach of the license agreement.

"Regrettably, we believe that BSML is conducting its business in a way that
damages the image and reputation of our BriteSmile(R) brand," said Robert
Cartagena, Chief Operating Officer for Discus.  "The apparent misconduct of
BSML seriously impairs an asset for which we paid a significant sum and is not
representative of how Discus works with its valued customers," Cartagena
added.

Discus is represented by lawyers in the New York and Los Angeles offices of
the international law firm Chadbourne & Parke, LLP.

About Discus Dental, LLC
Discus is a worldwide leader in innovative dental products, including its
signature BriteSmile(R) and Zoom!(R) teeth-whitening systems, as well as its
comprehensive offering of outstanding clinical solutions, including
restorative materials, impression materials, LED curing lights, a full
endodontic product line, and oral hygiene products.  For more information
about Discus, go to www.DiscusDental.com. 



SOURCE  Discus Dental, LLC

Nina Harlow of Discus Dental, LLC, +1-310-845-8354, NinaH@discusdental.com
Comments (0)
This discussion is now closed. We welcome comments on our articles for a limited period after their publication.