'Botox war' between co-owners of beauty clinic settled
High Court Reporter
What became known as “the botox war” involving the co-owner of beauty clinic Newderm Aesthetics in Stillorgan, and his estranged wife, who moved to set up a competing company in nearby Blackrock with a former employee of Newderm, has been settled, the High Court was told today.
Newderm’s chief executive, Robert O’Keeffe, had earlier headed unsuccessful court applications for injunctions restraining Viktoria O’Keeffe, Olga Samafalava and their new clinic, Crocus Medical, from continuing their recently set up competing business.
The High Court had earlier heard allegations that Crocus Medical and its two founders were duping Newderm customers into believing they were being served by the same service provider.
Ms Justice Leonie Reynolds last month refused to grant Newderm interim injunctions against Samafalava, Florance Terrace, Bray, Co Wicklow, and Viktoria O’Keeffe, Stillorgan Park Avenue, Stillorgan, Dublin, and Crocus Medical Limited, with an official address in Co Westmeath.
Newderm and an associated company, RAP Capital Ltd, had sought to restrain Samafalava and O’Keeffe from continuing what was described as a directly competing business and head-hunting Newderm’s former and existing customer base.
Judge Reynolds, while suggesting that the parties might consider mediation to resolve what was a clear dispute on all issues, granted leave to the former employees to file written evidence in reply to Newderm’s allegations and claims and put the matter back until next Friday.
Mr Justice David Nolan was told today that the matter had settled on the basis Samafalava and O’Keeffe would, among other reliefs, be restrained from soliciting former customers of Newderm, its suppliers and employees, in accordance with a 2023 shareholders agreement.
Newderm had asked the court for a declaration that the defendants were in breach of shareholder and employer contract agreements and orders restraining them from soliciting its former or existing customers from misrepresenting Newderm’s status.
The company, represented by Martin Hayden SC and barrister Tiernan Lowey with Mark Foster of Senecas Law Solicitors, had also sought to restrain publication of statements disparaging of it.
Further restraints being sought included non-disclosure of Newderm’s intellectual property and injunctions barring Samafalava and O’Keeffe from carrying on any commercial activity that competes with Newderm Aesthetics.
Newderm had also sought to restrain the use of its confidential information and orders directing the deletion of all data referring to customers and online followers of the company on social media.
Robert O’Keeffe, also with an address at Stillorgan Park Avenue, had told Judge Reynolds in a grounding affidavit that without the urgent intervention of the court, Newderm’s survival was in jeopardy.
He said Samafalava and Viktoria O’Keeffe had been former shareholders and employees of Newderm until they had been dismissed. The setting up of the new company, Mr O’Keeffe claimed, had caused confusion among customers who, he claimed, were being duped into believing they were being served by the same service provider, Newderm.
Barrister Patricia Burke appeared for the defendants and told the court that suggestions that Newderm had been blocked by Crocus Medical or Ms Samafalava and Ms O’Keeffe were untrue. She sought and was granted leave to file written evidence to Newderm’s allegations against her clients.
