Dazzlesmile and its parent company, Optimal Health Science, have issued a trademark infringement cease and desist order to Farend Services, DazzleSmile Pro, and Epic Advertising (also known as Azoogle.com).
Dazzlesmile was originally formulated by a cosmetic dentist and maxillofacial surgeon and has been marketed in the U.S. since 2004 as a consumer teeth-whitening system consisting of proprietary and patent-licensed mints, toothpaste, and mouth wash. dazzlesmile products consist, in part, of U.S. Food and Drug Administration (FDA) regulated, over-the-counter ingredients and must be manufactured in an FDA approved facility. Consumer sales of dazzlesmile must contain FDA and Federal Trade Commission prescribed package labeling.
Farend Services and Epic Advertising, in concert with other parties, are alleged to be advertising "DazzleSmile Pro" and other teeth whitening products under assorted names that infringe the trademark "dazzlesmile". They also allegedly use deceptively similar websites, URLs, and landing pages and embed the keyword "dazzlesmile" with Internet search engine providers, including Google, MSN, Bing, and Yahoo!
dazzlesmile has received thousands of consumer complaint calls and emails about Farend Services and www.dazzlesmilepro.com, which has been the subject of Better Business Bureau inquires in Utah, Delaware, Vermont, and Oklahoma regarding alleged false advertising.
"Consumers should be extremely wary about purchasing teeth whitening products through www.dazzlesmilepro.com or Farend Services Limited, as they are allegedly not packaged or labeled in compliance with FDA or FTC regulations," dazzlesmile said in its release.
