JUDGMENT – H & O Equipments (CryoPEN) vs Sjonny Van Eaten (CryoIdeal)
Please be advised that on 12 July 2022, the Commercial Court in Belgium passed a judgement, as attached, against the manufacturer of CryoIdeal cartridges, wherein the court stated that they:
- Declare in court that the following acts by the defendant are unfair market practices that harm the professional interests of the plaintiff and must therefore be immediately discontinued: the solicitation of clientele from the plaintiff in an unlawful manner, including, parasitic competition, deception, misleading statements, the use of business-sensitive information of the plaintiff, etc; and
- Declare that the following acts of the defendant are unfair market practices that harm the professional interests of the plaintiff: misleading buyers by providing them with incorrect information about its product (about the quality, the features and the price), and by not informing them about the specifications of his product, its characteristics, its use and functioning, so that they cannot make an informed decision about this transaction (and about the comparison with the products of the claimant);
- Order the immediate cessation of these unfair market practices, or any attempt thereto, subject to a penalty of EUR1,000.00 per day, penalties imposed from 8 days after the notification of the decision to intervene on which the offer of the aforementioned products is continued by the defendant and of a penalty of EUR1,000.00 per established sale from 8 days after notification of the decision to intervene, with a total penalty to be forfeited of a maximum of EUR300,000.00,
- Order the defendant to send the decision to intervene or the summary thereof by e-mail to the clientele of the plaintiff in order to inform them of the deception by the defendant in order to remedy the infringements, and this at the expense of the defendant, subject to forfeiture of a penalty payment EUR 1,000.00 imposed from 21 days after the notification of the decision to intervene) on which the offer of the aforementioned products is continued by the defendant, with a total penalty to be forfeited of a maximum of EUR 200,000.00
If you have been approached by any company or person and have been advised that the Cryoideal cartridges are compatible with the CryoPEN, please contact us immediately. It is important that Sere-med inspects the CryoPEN to determine if any damage was done to the instrument.
Most importantly, please note that the use of Cryoideal N2O cartridges in the CryoPEN, will damage the CryoPEN and may cause serious injury to both patient and doctor.
Cryoideal cartridges are NOT CE or FDA approved for medical use.
Court Document Vonnis_00644751
Division Manager: CERP (AED / Beaty) Aesthetics (CryoPen / Dermotoscope) email@example.com
071 684 3888 (EXT) 118