Jury Finds Malicious Misappropriation of Trade Secrets

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 Sombra® and Sore No More®,
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.
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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