I just recalled when reading through the lawsuit from Mary Kay that once there was someone who attempted to hack into MKs email list. At one time there was an email sent to many consultants actig as if they wanted to buy a product and when/if you replied they could then get your email. I remember this because I replied to it by mistake. I was just wondering if it was this company or another similar one who tried to hack in. Otherwise, how did Touch of Pink get access to the email addresses of MK consultants? At the time they hacked in through the company's list.

Exactly RTP. Don't need to hack anything.

Touch of Pink's big problem is that they made themselves look like a main source for MK products. They blurred the line between them and the Company.

And this blurb on their website, which MK Inc cites in their lawsuit, also got them in deep doo doo:

"We are former Mary Kay consultants who have liquidated our inventory and are now helping others who, for one reason or another, have decided to end their Mary Kay business, or simply want to balance their current inventory. Being a former Sales Consultant, I know how that can dampen your revenue stream.  We offer you an outlet to reduce your slow moving product. In return, you can balance your inventory and implement profit making strategies. "

The "rebalancing inventory" is the biggie. That's how MK Inc can claim that they are getting other Consultants to violate their agreement by selling to other than end users.

Then they threw in their purse charms and own line of mineral makeup.

Even though Touch of Pink clearly states that they aren't affiliated w/MK, they have clearly tried to make the pictures of the products closely resemble those on the MK site.

Haven't had time to read the entire complaint but will be and commenting on it on the main site.

TOP crossed over a few lines, in my opinion, which made them sue-able.

I agree with you, UYC, that the blurb you have quoted from their website is a major problem. I did notice that when I went on their website and thought it was a red flag.

Also, the products of their own that they are trying to sell. When I went on their website I actually thought the mineral makeup was MK. Although, they don't indicate they are MK they do not indicate otherwise either.

You are right, they have crossed over a few lines and the company has enough to build some sort of case on. Whether they win or lose it can discourage others from doing the same which I am sure is one of their aims. In the process MKC may be able to find out which active consultants are selling to TOP.

I do not think this will change the fact that people sell MK on eBay, however. I don't think the company can do anything about non consultants selling on eBay except discourage them with lawsuits like this one.

LJ - you are right about the company e-mailing you via the website.  You're only address is a mk/??.com - not your real e-mail address

Is it possible that current IBC's and SD's were liquidating limited edition, discontinued and overstock items and as a result of their busines relationship with ToP they were sent emails soliciting certain products that were in demand?

To sell your product to them, you have to send them a list of your products on one of their forms, I assume by email, so they would have your email for future reference.

I have not liquidated any product yet, but have been asking different liquidators for info, how much they pay, etc. and I have of course received all the info by email as that is how I contacted them on their web sites.

I am sure that TOP got many email addresses of active consultants and SDs through doing business with them. However, the complaint states that they were sending out blanket emails to active consultants as part of their marketing campaign to get their inventory. That sounds to me like they are soliciting more than just the people they have already done business with.

MK should just let TOP be it's own 'consultant' and cut out the middle-man.  It would speed things up, don't you think?

 

The sad thing is, at that rate, they are probably not making a profit and now they are being sued to boot! Is sounds like she took her MK "hobby" to a much larger scale.