A federal judge this week denied a motion by Go Smile to stop GLO Science, a competing teeth-whitening firm founded by celebrity dentist Jonathan B. Levine, DMD, from moving forward, according to a report in the New York Times.
In a ruling in U.S. District Court for the Southern District of New York, Judge P. Kevin Castel said that Go Smile did not prove it was likely that consumers would confuse their company with Dr. Levine's new venture, GLO Science.
Dr. Levine, who practices in New York, counts celebrities such as Christie Brinkley and Sarah Jessica Parker among his clients. He cofounded Go Smile in 2002 with his wife, Stacey, but sold the majority of his interest in the company in 2003 and the remaining shares in 2008.
In December 2010, after learning that Dr. Levine was planning to launch an at-home light-based teeth-whitening system under a "GLO"-based family of trademarks, Go Smile filed two lawsuits against Dr. Levine and his wife. One alleges that the GLO Science trademarks are "confusingly similar" to Go Smiles', the other that he violated a noncompete agreement.
On February 1, Dr. Levine officially introduced the first GLO Science product, the GLO Brilliant personal teeth-whitening device featuring guided light optics (GLO) technology, on the HSN TV shopping channel.
Go Smile's lawsuit is still pending, and although Dr. Levine has filed a motion to dismiss that, the judge has yet to rule, the New York Times reported.
