COUNTER-DEFENDANTS OUNTER-CLAIM, NEAL B. BIGGERS, JR. UNITED STATES DISTRICT JUDGE, ORDER DENYING MOTION TO DISMISS COUNTER-CLAIM. The new store is holding its grand opening at 9 a.m. Thursday. Buff City Soap believes that Bynum also falsely advertised her products, which the company claims to be its own, and caused damage to the company's reputation along with wronging customers in the process. According the the lawsuit, the rest of the orders were fulfilled by Bynum under the "Magnolia Soap" title, a competing company that she started. Buff City Soap has attracted highly experienced franchisees who have helped extend the brand's reach to more than 20 states and have demonstrated strong enthusiasm for the Buff City Soap concept and mission. "Bynum and the Magnolia Soap Defendants used and continue to use Buff City Trade Secrets, including product formulas and recipes, that Bynum learned while operating as a Buff City location to purchase additional raw materials to use in connection with her competing Magnolia Soap business.". Bath bombs are usually $30 to $50 in price. They also host private parties where people can make their own bath bombs and soaps. Bynum's lawyer, Mark Halbert, could not comment on the details of any claims, but said of the lawsuit itself, "We believe the lawsuit is without merit.". Where is Buff City soaps head office? TO PLACE YOUR ORDER! About Buff City Soap Founded in 2013 and franchising since 2018, Buff City Soap continues its rapid growth trajectory across 145+ stores and 27 states. Saturday - 10am - 7pm. WebBuff City Soap filed a lawsuit Friday against a former affiliate for misappropriating trade secrets and false advertising. According to CEO Ben Cohen, the decision has a lot to do withKellums vision of creating a place where people can gather and talk about the products they enjoy. "We are thrilled to welcome Ric Smith, Shellie Caudill, and Jean Grossman to our already talented leadership team," said Craig Kessler, Buff City Soap's CEO. The court finds that, at least under the limited review permitted by Rule 12(b)(6), Magnolia has sufficiently state[d] a claim to relief that is plausible on its face. Iqbal, 556 U.S. at 678. Buff City Soap is a company that makes handcrafted, natural soaps. Caution: For external use only. Buff City Soap filed a lawsuit against its former affiliate for using trade secrets and false advertising. The Mississippi case was set for trial in February but was delayed asa resultofCOVID-19. Buff City Soap, a plant-based soap company founded in 2013, has grown quickly since it was founded. DALLAS, Nov. 2, 2021 /PRNewswire/ -- Buff City Soap, a plant-based home and personal care brand franchise, announces the addition of Throughout the lawsuit, the claim that her products have healing and reparative properties is referenced as Buff City Soap's primary argument of false advertising. Buff City Soap files lawsuit against former franchisee who created a competing brand Buff City Soap claims Magen Bynum, founder of Magnolia Soap and Discoveryisongoingand we will continue to vigorously defend our businesspracticesasthiscase continues., Magnolia is a successful, woman-owned small business, she continued. DEFENDANTS, Court:United States District Court, N.D. Mississippi, Oxford Division, Civil Action 3:20-cv-55-NBB-RP 3:20-cv-55-NBB-RP, BUFF CITY SOAP, LLC, ET AL. PLAINTIFFS v. MAGEN BYNUM, ET AL. Last week's ruling comes in response to Magnolia's motion to dismiss Bluff City's trade secrets allegation due to the same arguments being made in a separate court action known as claim splitting in the Northern District of Mississippi. Magnolia is a hypnotically sweet scent that evokes memories of overgrown gardens, front porch sitting, and freshly picked A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id. RONALD C. KOLESAR v. BUFF CITY SOAP SUPPLY, LLC, Accessible Customer Service Online Training. The company was sued by the city of Memphis for operating without a business license. About Crux CapitalCrux Capital's core mission is to invest in and grow small, profitable companies. This Buff City Soap favorite is subtle yet luxurious, combining the sweetness of raspberry and peach with the Body butter, laundry soap, bath fizzies, and shower fizzies are other products made by them. HOURS. Buff City Soap offers a special birthday reward to its loyal customers. 1984)). Justin Delaney, the companys CEO, will oversee the operation of 24 stores throughout nine states that generate around $20 million in revenue. There are 81 Buff City Soap stores in the United States as of January 05, 2021. A bath bomb costs $25, yields eight to ten bath bombs, and each child can make three bath bombs with only one batch. PLAINTIFFS v. MAGEN BYNUM, ET AL. ", "Partnering with General Atlantic will help accelerate Buff City Soap's scale and unit expansion across the U.S.," said Wayne Moore, Managing Partner at Crux Capital. Debra Bynum is accused in a lawsuit of lying about her products healing and resveratrol properties. We look forward to partnering with the Buff City Soap management team, as well as existing investors Crux Capital and Guideboat Capital Partners, to meaningfully scale the business. (jla). A Buff City Soap franchise must pay a $50,000 license fee in order to begin. It was around this time when Buff City entered discussions with Bynum about operating a location in Mississippi. "This ruling is a big victory for Magnolia Soap," said Bynum. Subscribe. 319-209-2035. Magnolia Soap Enjoy the summery scent of hospitality. She is seeking unspecified damages. Buff has more than quadrupled in size since 2020 to more than 145+ stores in 27 states. February 18, 2020. WebNarcissist Shea Butter Soap Fall in love with the scent of your own skin. A district court should dismiss for failure to state a claim only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. The artisan cosmetics made by this company are made with plant-based ingredients and are free of sulfates, artificial detergents, and chemicals. Crux Capital focuses on investing in a select number of high-quality businesses and partnering with management teams to build value over the long term. I am excited to expand product offerings for more delightful everyday moments for guests in every neighborhood in the US," said Shellie Caudill who will serve as Chief Product Officer. If you make your own bath bombs, you can earn a lot of money. We are more excited than ever about our growth potential.". The founder of Buff City, Brad Kellum, will be in charge of the companys retail and product development. The company said it currently operates in 20 states with more than100 stores since franchising startedin 2018. The shop has a wide range of soap flavors to choose from, each with their own distinct scent. 1 pick in NFL Draft, for deadly crash, Vanessa Bryant settles remaining claims over Kobe crash site photos for $28.9M, With 38 point outburst, Antoine Davis within reach of Pete Maravich's scoring record, Brandon Miller 'felt awful' about pat-down intro, Nate Oats takes blame for backlash. Customers can enjoy a variety of scents and textures in the store as well as a cozy seating area for them to relax. He can be reached at lucas.finton@commercialappeal.com and followed on Twitter at @LucasFinton. Buff City Soap is best known for its handmade crinkle cut, swirl-designed bars of plant-based soap. Cision Distribution 888-776-0942 COUNTER The city also claimed that the company was operating a business without a license because it did not have a business license on file with the city. The state with the most number of Buff City Soap locations in the US is Tennessee, with 30 stores, which is about 37% of all Buff City Soap stores in the US. Filing 1 COMPLAINT, Filing fee $ 400, As part of the transaction, Andrew Crawford will join the Buff City Soap Board of Directors. YMCA holds ribbon-cutting for new Whitehaven facility, Bill requiring rape kit testing within 30 days after receipt moving through legislation, Strong storms likely this evening and again on Thursday night, Everything you need to know to prepare for severe weather. The lawsuit also said she was using raw materials that she purchased for a discounted rate to make soaps that were sold at the Magnolia Soap and BathCompany. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Buff City Soap claims Magen Bynum, founder of Magnolia Soap and Bath Company, created a competing soap business after running a franchise for the company. In the ruling Judge Jon McCalla dismissed Buff City Soaps claims against Magen Bynum and her Magnolia Soap and Bath Company of New Albany. CALL (513) 351-0941. The tax will be charged once the redemption is complete. Buff City Soap is a product that mimics the nostalgic experience of a neighborhood soap store, with a variety of scents and textures and a cozy seating area where customers can relax while shopping. The day was supposed to be a day of giving gifts to my parents, but it turned out to be a day of giving gifts to my siblings. About Guideboat Capital PartnersGuideboat Capital Partners is a Dallas based private equity firm focused on investments in entrepreneur and founder led lower middle-market companies. (no spam, pinky-swear) ADDRESS. Accordingly, the court finds that Magnolia's counter-claim should survive this stage of the litigation, and Buff City's Motion to Dismiss Counter-Claim should be, and the same is hereby, DENIED. They handcraft each bar of Buff City soap in the scents of Fruit Loopy and Blue Raspberry. Case assigned to Judge Biggers and Magistrate Judge Percy. To make their experience with Buff City Soap memorable and healthy, customers (and their skin) are treated to essential oils, natural exfoliants, shea butter, and other wholesome products. Get Early Access to our Best Deals! The new store is located at 2140 E. Boulevard by T.J. Maxx in the Boulevard Crossing strip mall. General Atlantic has more than 175 investment professionals based in New York, Amsterdam, Beijing, Greenwich, Hong Kong, Jakarta, London, Mexico City, Mumbai, Munich, Palo Alto, So Paulo, Shanghai and Singapore. "All three leaders come with 20+ years of experience in their respective fields and are best-in-class leaders. For more information visit the Buff City Soap website: www.buffcitysoap.com. Bynum would go on to operate Buff City New Albany, with locationsin Oxford, New Albany and Tupelo. Narcissist, their most popular scent, is also their most well-known. 2023 The Buffalo City Soap Companys soaps are a fantastic resource for non-profits. WebAVAILABLE NOW! The company has experienced rapid growth as consumers are drawn to its differentiated, high-quality offering of plant-based soaps, laundry, bath and body products, which are handmade daily in each store's Soap Makery. Ric joins after serving as a key early-stage leader in some of the world's most respected food and beverage concepts including Starbucks, Potbelly, Qdoba, and Scooter's Coffee. Last year, Buff City Soap which is jointly based in Memphis and Dallas filed a lawsuit against Bynum for misappropriating trade secrets and false advertising. Case Details To sell bath bombs in the United States, you must first obtain a license from the FDA and the Consumer Product Safety Commission. I have purchased from this company for years therefore I know the size of the soap changed but it still states it weighs the same with the sleeve it's wrapped in but it's clearly not the same. However, the partnership was short-lived. AllthatremainsintheWesternDistrictofTennessee caseisanallegationoffalse advertising. Founded in 2013, Buff City Soap's mission is to create plant-based products free of harsh chemicals and detergents. may be available from PACER. Civil Action 3:20-cv-55-NBB-RP (N.D. Miss. By not addressing the underlying cause of accessibility barriers, the effectiveness of overlays has been debated. According to the company, it has opened over 100 stores since launching franchising in 2018. Buff City Soap filed a lawsuit Friday against a former affiliate for misappropriating trade secrets and false advertising. Make certain that the name, ingredients, and any warnings or instructions for use are included on the product label. To learn more about becoming a Buff City Soap franchisee, fill out a pre-qualification application form. However, Bynum began operating her own soap company around 2018 and her actions resulted in claims of using trade secrets. The rewards in this section include those equal to 10% of the purchase price of future in-store purchases made between July 20, 22, and July 24, 2022. The employee, who was not identified in the lawsuit, claims that she was exposed to hazardous chemicals and suffered health problems as a result. Guests can also co-create with Soap Makers to build customized one-of-a-kind soaps. "During our ownership, Buff City Soap has more than quadrupled in size and has the potential to redefine a category of retail. For every birthday, Buff City Soap will give a $10 gift card that can be used toward a future purchase. It is critical to choose the correct additives because some can be harmful if not used correctly. In its lawsuit, Buff City Soap said Bynum had caused irreparable harm to its brand and created an unfair competition. COUNTER-CLAIMANTS v. BUFF CITY SOAP, LLC, ET AL. Other ingredients, such as honey or lavender, can also be used to personalize their products. Juliet, respectively. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. In the agreement, she was allowed access to raw materials, approved marketing, and business model from Buff City for a 5-percent management fee. Buff City Soap claims that the damages that the company has incurred cannot be repaired through monetary compensation, but ask for injunctive relief in conjunction with payment. The complaint, filed through the U.S. District Court for the Western District of Tennessee, claims that Bynum and her new company are unfairly competing with Buff City Soap due to her knowledge of its business strategies. 1992) and a line of cases which follow Nichols, including AmSouth Bank v. Gupta, 838 So.2d 205 (Miss. Buff City Soap is now known as Buff City Soap, in honor of Kellum and Ziemianins hometown of Bluff City and their sense of humor. PLAINTIFFS v. MAGEN BYNUM, ET AL. The Bartlett company claims that Make certain that your products are both safe and profitable by following the following steps. Buff City Soap Bath Bomb Contains fragrance and/or coloring agents. Dallas, Texas, United States 251-500 Private Equity Private www.buffcitysoap.com/ 114,908 Highlights Contacts 121 Employee Profiles 9 Investors 2 Similar Companies 5 Find More Contacts for Buff City Soap Shellie Caudill CPO said Ric Smith who will serve as Buff City Soap's Chief Development Officer. The Memphis-based company Buff City Soap, founded by former firefighter/paramedic Brad Kellum, leveled a lawsuit against Magen Bynum and her "Our deep experience in consumer products and hands-on approach to partnering with our management team was instrumental in building Buff City Soap into a fast-growing innovator in the home and personal care space," said Mike Sutton, Managing Partner at Guideboat Capital Partners. Buff City Soap fi led a lawsuit Friday against a former affi liate for misappropriating trade secrets and false advertising. According to formerShelby County Historian Jimmy Ogle, the citys nickname stems from Memphis physical location. Buff City Soap Shower Fizzy We strongly recommend avoiding this product if hot uff city soap has a unique concept in that it makes soap and bath products by allowing you to customize your own products inside its manufacturing facility. Using Buff City soap to raise money for a worthy cause is an excellent way to do so. Lather over body and rinse. "Now I'm grateful to join such a fast growth company and continue building a phenomenalteam to fuel expansion all over the world." The scent is distinguished by the combination of grapefruit, patchouli, and Egyptian musk. Presently before the court is the Motion to Dismiss Counter-Claim filed by plaintiffs/counter-defendants Buff City Soap, LLC, and Buff City Soap Holdings, LLC (collectively, Buff City), seeking to dismiss the counter-claim filed by defendants/counter-claimants Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap & Bath Co. of Oxford, LLC, Magnolia Soap & Bath Co. of Tupelo, LLC, and Magnolia Soap & Bath Co. of New Albany, LLC (collectively, Magnolia). There are several tips to follow if you want to get started in this profitable market. Bath bombs are an excellent way to make some extra cash. Last year, Buff City Soap which is jointly based in Memphis and Dallas filed a lawsuit against Bynum for misappropriating trade secrets and false advertising. Make your practice more effective and efficient with Casetexts legal research suite. Buff City Soap LLC and Buff City Soap Holdings LLC, Buff City New Albany, LLC, Magen Bynum, Magnolia Soap & Bath Co. of Tupelo, LLC, Magnolia Soap & Bath Holding Co., LLC, Magnolia Soap & Bath Co. of Oxford, LLC and Magnolia Soap & Bath Co. of New Albany, LLC, US District Court for the Northern District of Mississippi, NOTICE OF ASSIGNMENT. People enjoy the benefits of being healthier and looking better as a result of using their products. The Judge overseeing this case is SLAUGHTER, GENA. Example video title will go here for this video. from 8 AM - 9 PM ET. All rights reserved. May 9A U.S. District Court in Tennessee has dismissed several claims against New Albany-based Magnolia Soap and Bath Co., in a dispute over corporate trade secrets. According the the lawsuit, the rest of the orders were fulfilled by Bynum under the "Magnolia Soap" title, a competing company that she started. "We made significant investments last year in the team and systems while fortifying our product offering that has resonated across the U.S.". This cleanser has no harsh chemicals or detergents and can last up to four weeks on the skin due to its chemical and detergent-free nature. Bath Bomb Parties for Four or Eight are now 53% Off at Buff City Soap. PHONE NUMBER. Sign-up for exclusive email updates and get 15% off your entire in-store purchase! They Also Offer A Variety Of Add-ons Such As Goodie Bags Balloons And Party Favors, Coco Keys: The Ultimate Birthday Party Destination, Tutorial Tuesday Anthropologie Inspired DIY Felt Garland, Tutorial Tuesday Summer Flip Flop Wreath, Starbucks Salted Caramel Bars Copycat Recipe, Hiding Cable Cords In Style: How To Use Wall Coverings To Add A Decorative Flair To Your Home, Styling Your Brick Walls: A Guide To Creating A Unique And Inviting Atmosphere, DIY Window Frame Painting: Step-by-Step Instructions To Create Unique Wall Decor, What is a Brazilian Butt Lift (BBL)? One container is estimated for 30 loads of laundry, and I "Specifically, without authorization from Buff City Soap LLC, Bynum operated a booth using the 'Buff City'trade name at an Atlanta wholesale market. In AmSouth, the court stated, While the tort has its origin in efforts of a third party directed against a plaintiff's customers conduct interfering with the plaintiff may suffice. Guests are welcome in stores any day of the week and have the ability to watch talented Soap Makers do their magic. For more information visit the Crux Capital website: www.crux-cap.com. Buffalo City Soap is a handcrafted soap that is made with natural ingredients such as Rhassoul clay, which aids in the regeneration of the skin and its cleansing. Monday Friday - 11am - 7pm. Buff City Soap has a headquarters in Dallas, at 2718 Fairmount St. Hi, Im Roberta and welcome to my blog! "Magnolia is a successful, woman-owned small business," said Bynum. Buff City Soap Face Bars The Rhassoul Clay face bar is the only one wed recommend, as it has research-backed ingredients and is free of questionable additives. Notifications can be turned off anytime in the browser settings. "Buff City Soap is transforming the retail experience by giving customers an immersive, handmade daily experience with products they love. Magnolia is a hypnotically sweet scent that evokes memories of overgrown gardens, front porch sitting, and freshly picked fruit. Cision Distribution 888-776-0942 freeof harsh chemicals along with animal fats, Buff City Soap plans to become 'the Starbucks of soap', Your California Privacy Rights / Privacy Policy. The Mississippi case was set for trial in February but delayed as a result of COVID-19. WebBuff City Soap delightfully scented plant-based soaps, handmade daily, in each of our local Soap Makeries. According to the Bartlett-based company, Magen Bynum, the founder of the Magnolia Soap and Bath Company, has caused irreparable harm to its brand. For more information visit the Guideboat Capital Partners website: www.guideboatcap.com. A scan for 3rd Party Overlays was performed on August 08, 2021 and 'HikeOrders Accessibility Enabler' was detected. Thisrulingisabig victoryforMagnolia Soap,said Bynum. Bynum was a former affiliate of Buff City. Upon due consideration of the motion, response, and applicable authority, the court is ready to rule. They also offer a birthday party package that includes a tour of the facility, a cupcake decorating station, and a goodie bag for each child. In their counter-complaint, Magnolia alleges that, during the pendency of this litigation, Buff City contacted Magnolia's raw material suppliers, including Columbus Vegetable Oils, threatening that if they continued to do business with Magnolia, Buff City would no longer purchase materials from them. About General Atlantic General Atlantic is a leading global growth equity firm providing capital and strategic support for growth companies. There has also been an increase in the number of lawsuits against websites that use third-party overlays. On July 27, 2021, RONALD C. KOLESAR filed a complaint in Pennsylvania against BUFF CITY SOAP SUPPLY, LLC. It claimed that Bynum had used trade secrets to make her bath products. Magnolia further alleges that as a result of these intentional and willful actions, Columbus Vegetable Oils stopped doing business with Magnolia, weakening the company's supply chain, causing unnecessary expenditures of time and money to find additional suppliers, necessitating the need for the creation of a new internal ordering system, and forcing Magnolia to pay higher prices for raw materials. 2004) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957)). You will be charged the promotional value 120 days after the purchase date. For more information visit the Buff City Soap website: www.buffcitysoap.com. "I'm passionate about building best-in-class teams and relationships with the Franchise community to further accelerate Buff's already impressive growth trajectory." Every birthday, Buff City Soap 's mission is to invest in grow! Fall in love with the franchise community to further accelerate Buff 's already impressive growth.. Of January 05, 2021, ronald C. KOLESAR v. 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