|
|
| |
|
 |
News |
|
Press Release
|
Jury Finds Malicious Misappropriation of Trade Secrets
-Former employees liable for damages and permanently enjoined-
ALBUQUERQUE, New Mexico (June 12, 2008) – Sombra Cosmetics
Inc. (“Sombra”), based here and a manufacturer of a unique natural pain
relieving gel sold under the brands SombraŽ
and Sore No MoreŽ,
announced today that it won a lawsuit against two former employees, Michael
Whalen and Roberto Gomez, and their company, Alivia Laboratories Inc. (“Alivia”)
located in Los Lunas, New Mexico. The jury determined that Whalen, Gomez,
and Alivia had violated the New Mexico Uniform Trade Secrets Act by
committing willful and malicious misappropriation. The trade secrets in
question included both the formula and manufacturing process used to make
this highly effective gel.
Sombra was awarded compensatory and punitive damages, and
the defendants were permanently enjoined and restrained from (1) selling
their branded product; (2) making any product using the Sombra formula and
process; or (3) disclosing the formula and process to any person or entity.
Also permanently enjoined were Pedro Moreno Sr., owner of Southwest
Respiratory, based here, and his son Pedro Moreno, Jr., both of which were
identified during court proceedings as investors in Alivia.
“This finding reinforces my faith in the American judicial
system”, stated Alfredo Cortazar, president of Sombra and a chemical
engineer. “My many years of personal sacrifice developing and growing a
market for this product will not be given away to these former trusted
employees”, he added. Cortazar, who worked for years developing and refining
the formula and process, immigrated to the U.S. from Mexico forty years ago
to pursue the American dream, living many years in abject poverty before
making a name for himself and his company. According to Sombra's attorney,
Charles A. Armgardt, of the Modrall Sperling firm based here: “Through this
long three-year litigation process, Sombra has shown a strong will and
determination to protect its trade secrets and vigorously pursue anyone who
might try to misappropriate those secrets.”
The Sombra-brand natural pain relieving gel is used by and
sold through professionals such as chiropractors, massage therapists, and
physical therapists. Sore No More is sold direct and through natural food
stores.
###
About Sombra Cosmetics Inc.: Sombra, a privately held
manufacturer of natural gels, lotions, cremes, and cosmetics, is registered
with the FDA and sells its products worldwide. The company also provides
private-label contract manufacturing services to a range of clients.
Contact:
M. Fredrick Osborne, MBA
Chief Operating Officer
Sombra Cosmetics Inc.
800-225-3963
www.sombrausa.com
|