Sunless Inc., maker of the VersaSpa brand of sunless tanning booths, filed a lawsuit against Heartland Tanning, Inc., in the U.S. District Court for the Eastern District of Texas, asserting claims of willful patent infringement. The suit involves VersaSpa’s patented and proprietary booth design, which features automated HVLP nozzles delivering multiple spray formulations. The complaint asks for an injunction, as well as compensatory and punitive damages and attorney’s fees based upon Heartland’s attempt to replicate VersaSpa’s extremely popular and innovative booth. The suit asserts that Heartland “knowingly copied the design of several patented elements of the VersaSpa, including the nozzles, extraction fan, solution container, and container connector, and incorporated these features in the Pura Booth”. It further asserts that doing so without any approval or authorization from Sunless, shows intentional and willful infringement of the VersaSpa patented technology.
“As a company, Sunless Inc. is fully invested and committed to developing world class products that provide consumers with amazing tans along with the best possible experience,” says Scott Thomason, founder of VersaSpa and inventor of its technology. “Critical to our mission is the ability to continue bringing new and innovative technologies to market, which requires a significant investment of time and resources. This intellectual property must be protected with patents on core technology breakthroughs. Our firm defense of these patents is crucial, as it enables us to keep investing in the research and development that leads to future advancements in products and services, ever better consumer results, and additional business building opportunities for our salon partners, growing the industry as a whole.”