tanMBA

February 28, 2005 11:21 AM US Eastern Timezone

Mystic Tan, Inc. Files Federal Lawsuit against California Tan, Inc. and New Tan, Inc. for Patent Infringement

DALLAS--(BUSINESS WIRE)--Feb. 28, 2005--Mystic Tan, Inc., the leader in the sunless tanning industry and developer of Mystic Tan(R) UV-Free spray-on tanning booths, distributed nationally and internationally, today announced it has filed a lawsuit on Monday, February 21, 2005, in the U.S. District Court for the Eastern District of Texas against California Tan Inc. and New Tan Inc. for infringement of U.S. Patent No. 6,387,081, a patent covering technology developed and owned by Mystic Tan, Inc. This suit involves Mystic Tan's patented MagneTan(R) technology that uses electrostatic energy to polarize the tanning spray and attract micro-spray particles to the exposed surface of the skin.


"We believe that California Tan's and New Tan's Autobronzer tanning booth infringes on our patented technology," said Troy Cooper, president of Mystic Tan, Inc. "We are very proud that Mystic Tan offers a superior UV-Free tanning experience and we will continue to vigilantly enforce any and all patent rights held by our company."

"MagneTan technology is a unique feature that Mystic Tan is able to offer exclusively. In an industry that is defined by appearance, Mystic Tan's patented MagneTan technology delivers superior results," said Troy Cooper, president of Mystic Tan, Inc. "MagneTan technology helps define our consumer's experience and we will do everything legally in our power to protect that interest."

The Mystic Tan UV-Free spray-on tanning booth uses a touch-free, spray on tanning technology that creates an even, natural-looking tan that lasts about a week. Mystic Tan's patented MagneTan technology polarizes the TanningMyst(TM) spray and works with the body's own electrical properties to evenly attract micro-spray particles to the exposed surface of the skin. Mystic Tan also offers a choice of two tanning formulas in the same booth, ClearMyst (TM) solution , a time-released tan formula that develops an even, natural-looking tan within hours; and BronzMyst (TM) formula, which has the same attributes as the ClearMyst solution , but includes Insta-Color Bronzer(TM) enhancer for an instantly noticeable tan. Operating since 1999, Mystic Tan is available in salons throughout the United States, Canada, the United Kingdom, Ireland, Australia, Spain, Italy, Poland, France and Holland, and has provided well over 10 million tanning sessions.

Learn more about Mystic Tan at www.mystictan.com.

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DWhite6872

I think this is crazy. I guess they must have a real machine

nickomon

Does cal tan have a booth? Or is it something in the solution ?

DWhite6872

They have a new booth and it is suppose to be great!

MATT A

Interesting

sizzlestan

Sometimes companies file lawsuits to stifle competition and/or hold their competitors in litigation for years and years costing the defendants hundreds of thousands of dollars in attorney and court fees even before trial.

Expect Cal Tan to have a temporary injunction, preventing them from releasing their booth and possibly recalling all of their UV Free related products from the marketplace, put in place in the next 30 days by the courts on Mystics behalf.

Smart business tactics or another big company flexing its muscles because it can? Gotta love the American court system. I am sure Cal Tan has retained the best trademark attorneys available. Big business calls for $300-400 an hour legal teams.

oscar

I guess Mystic will be suing all the auto body shops next and maybe those guys that come into your house and paint your bathtub! I think they all use the Magnetan Technology also. )

synthesized

The big boys come out to play. Almost makes you want to pee your pants.

clubtan1

The average patent litigation costs are $1 milion per side. My guess is that MT will run up the legal cost until CT wants to settle as with the recent news about HT. Read between the lines. This will get worse for us, the consumer I think.

Modified358

I tried this booth on Sunday and let me tell you. If your interested TRY IT FIRST. My hands and feet look terrible with some streaking on left leg. Bottom of feet are a disaster. Just talked to my buddies back in NY who went with me and are in the same boat. Level 2 is what we all used. The floors DO have to be cleaned from the over spray and the blower has no gusto. This is unfortunate due to the fact that all my salons are Cal-tan exclusive. I love there produces but this one is got some work to be done. Just my opinion.

but on the positive side. the open design was great and it looked good. Thats about it.

Mystic I believe has nothing to worry about YET. but if Cal-Tan gets the booth right they WILL take over the market on sunless.

This is just a reminder to the newbies to ALWAYS try equipment before purchasing. I know what sunless works for me and after this weekend I will be sticking to what I already use for my new location.

I do wish Cal-tan luck. But if they DO get it right I will be the first to buy.

Just opinions here.


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[ This Message was edited by: Modified358 on 2005-03-01 14:04 ]