IP Law Daily, TRADEMARK—D. Utah: No preliminary injunction is issued in singing bowls IP case, (Feb 11, 2026)

By Steven Melendez

A Utah federal judge declined to issue a preliminary injunction in the case and dismissed claims against some parties for lack of jurisdiction.

In a case brought by Crystal Tones, LLC, over intellectual property and contractual rights to singing bowls—resonant structures whose sounds are valued in meditation—a Utah federal judge dismissed claims against some parties and declined to issue a preliminary injunction. Crystal Tones had failed to show likelihood of success on the merits required for the injunction and failed to show Utah jurisdiction over some parties (Crystal Tones, LLC v. Pyromatics Corp., No. 2:25-cv-00235-DAK-DBP (D. Utah Feb. 9, 2026)).

Background. Crystal Tones sells singing bowls that use quartz and crystal materials, including some that it calls alchemy bowls, which are infused with various colors and materials. In the late 1990s, the company reached out to quartz product manufacturer Pyromatics Corporation about making infused crystal bowls. “While Crystal Tones came up with the idea and vision, Pyromatics came up with the process of how to manufacture the bowls,” according to the ruling in the case.

Pyromatics previously made quartz products for technical and scientific applications, but it also alleges that it made singing bowls for other vendors before working with Crystal Tones, according to the ruling. Crystal Tones alleges that information around the manufacturing and composition of its alchemy bowls is confidential and is its intellectual property, but Pyromatics disputes that, noting that Crystal Tones discloses what is infused into the various bowls and arguing that Crystal Tones doesn’t know the details of how the bowls are manufactured. In general, the parties dispute how much of a role Crystal Tones had in designing the bowl manufacturing process, which Crystal Tones alleges includes trade secrets it shared under confidentiality agreements with Pyromatics.

Since around 2005, Crystal Tones has been selling a DIVINE bowl series, marked by various names including the word DIVINE, according to the ruling. The company alleges it has spent millions of dollars to promote the DIVINE marks. Crystal Tones also alleges it developed unique colors and designs for bowls that constitute its trade dress. In early 2019, Crystal Tones proposed buying Pyromatics, and the companies entered into a confidentiality agreement to share financial information and held discussions for about five years.

Around 2012, a young man named Benjamin (Ben) D’Amico began working for Crystal Tones and rose to become the company’s operations manager. By May 2021, he started a new personal relationship and decided to end his employment with the company. The remaining one of the two founders of the company, he alleges, was unable to find his confidentiality agreement and refused to issue his final paycheck unless he signed a new one, which he says he was coerced into signing without any sort of consideration beyond what the company was already obligated to pay.

After that, Ben D’Amico joined his new wife, Heather D’Amico, in a business called Purefect Balance Meta-Pharma LLC in California. In 2023, the couple and Purefect Balance entered into a licensed partner agreement (LPA) with Crystal Tones, agreeing to keep disclosed Crystal Tones information confidential and to “not enter into any agreement with any person or entity for the sale, license or development of competing singing bowls.”

But since November 2022, according to the ruling, the D’Amicos had been working with Pyromatics to develop a competing line of singing bowls. In January 2025, Crystal Tones alleges Pyromatics abruptly halted acquisition discussions, and around that time a company called Divine Bowls was incorporated in Ohio and the domain name divinebowls.love was registered. In March 2025, Divine Bowls hosted an event at the Oscars selling crystal singing bowls and posted an Instagram post that allegedly includes “Ben and Heather selling Crystal Tones’ singing bowls under the Divine Bowls name.” Ben D’Amico later also posted about Purefect Balance’s collaboration with Divine Bowls, where Divine Bowls singing bowls are infused with Purefect Balance’s herbs and oils, according to the ruling.

Crystal Tones alleges Pyromatics, the D’Amicos, and Purefect Balance are using its trade secrets to make and sell bowls, and that the D’Amicos and Purefect balance are infringing its mark Divine Bowls and cybersquatting through the Divine Bowls domain name. The company also alleges infringement of its trade dress.

Jurisdiction. Crystal Tones alleges the U.S. District Court for the District of Utah has specific jurisdiction over the California parties—the D’Amicos and Purefect Balance—while they argue they don’t have sufficient ties to Utah to be subject to its jurisdiction.

Crystal Tones alleges that Heather D’Amico is the alter ego of Purefect Balance, that she signed the LPA, and that she came to Utah with Ben D’Amico and asked a Crystal Tones founder for a loan. But the court found that the company didn’t sufficiently allege “an alter ego situation” and that the other alleged facts aren’t enough to support personal jurisdiction.

With regard to Purefect Balance, Crystal Tones argues the court has personal jurisdiction because of the LPA, four orders for products shipped from Utah, and Purefect Balance’s harm in unfairly competing with Crystal Tones. But the court found those purchases were not related to the current dispute, and the LPA did not include non-compete provisions that would make it relevant to the case, nor does it require disputes to be brought in Utah. Nor are there allegations Purefect Balance is selling its bowls in Utah, according to the ruling.

“Purefect Balance has never conducted business in Utah, never shipped orders to Utah, nor solicited customers in Utah,” according to the ruling. “Purefect Balance is a brick-and-mortar store in California.”

As far as Ben D’Amico, Crystal Tones alleges he is subject to personal jurisdiction in Utah because he worked with Crystal Tones there, signed the NDA as he was leaving employment there, traveled for the dinner where he allegedly asked for the loan, and maintained contact with Crystal Tones through the LPA and Purefect Balance purchases. Ben D’Amico alleges the NDA is invalid since it lacked proper consideration, it was signed under duress, he never had access to confidential information on singing bowl design and manufacture, and the overly broad terms suggest there was never a true meeting of the minds.

The court dismissed Purefect Balance and Heather D’Amico as defendants for lack of jurisdiction and ordered the parties to conduct jurisdictional discovery with regard to the NDA before it could issue a ruling on Ben D’Amico.

Preliminary injunction. The court declined to issue Crystal Tones a preliminary injunction, finding the company failed to show likelihood of success on the merits.

With regard to federal and state trade secret claims, Crystal Tones has not clearly shown that it—not Pyromatics—own any relevant trade secrets, or that the bowls were produced by Pyromatics as a work for hire, according to the ruling. It was also not clear exactly what Crystal Tones is alleging to be trade secrets, the court found.

As far as trademark claims around the term “divine,” Pyromatics points to “numerous other examples” of companies using the term in regard to singing bowls, and Crystal Tones has not shown that the term has developed a secondary meaning, the court found. And ultimately, issues of intent and likelihood of confusion “are too fact-intensive to decide on the current record,” the court found. Similarly, claims around trade dress and bowl design will require further exploration through discovery, the court found.

Similarly, with regard to the cybersquatting claim, the parties dispute whether Crystal Tones had the right to exclude others from using “divine” in domain names, amid allegations the term is widely used in the industry. That, too, will need to be resolved after discovery, the court found.

Crystal Tones also failed to demonstrate likelihood of success on breach of contract claims amid ongoing disputes, the court found. The factual disputes also preclude the court from finding that Crystal Tones will suffer irreparable harm without a preliminary injunction, according to the ruling, and found that the “balance of harms” weighs in favor of the other parties, who would “suffer greatly if the court shuts down their business.”

The Case is No. 2:25-cv-00235-DAK-DBP.

Judge: Kimball, D.

Attorneys: Austin C. Nate (Ray Quinney & Nebeker PC) for Crystal Tones, LLC. Walter A. Romney, Jr. (Clyde Snow & Sessions) for Pyromatics Corp.

Companies: Crystal Tones, LLC; Pyromatics Corp.

Cases: Trademark UtahNews