United Treatment Centers (UTC), the developer of the Aquafree waterless toothbrush, has filed a lawsuit against Brenda Walker Dillingham alleging breach of contract, fraud, defamation, and related claims, the company announced.
The lawsuit stems from a partnership agreement between the company and Dillingham that Dillingham says does not exist.
According to the complaint, Dillingham and UTC signed a General Partnership Agreement dated September 5, 2008, in which she agreed to contribute U.S. Patent No. 6,679,642 to the partnership. As cited in the complaint, the business of that partnership was "to produce and manufacture patented waterless toothbrush (patent no. 6,679,642) and to engage in any and all activities related or incidental to carrying out the foregoing, and to conduct and engage in any and all activities permitted by law in furtherance of the business of the Partnership."
The complaint alleges that Dillingham has breached her written agreement or made fraudulent and untrue statements about contributing the patent to the partnership. The complaint also alleges that she has defamed UTC on Web sites and through other means of communication.
UTC is seeking an injunction to prevent Dillingham from acting in any manner inconsistent with the agreement and is asking the court to award damages for fraud and defamation.
According to UTC, its patent-pending waterless toothbrush cleans and prevents cavities 35% better than traditional toothbrushes and toothpaste because it uses liquid Dentifrice, eliminating the need for toothpaste and water, and allowing the user to brush anytime, anywhere.
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