Touch of Modern has resolved its legal differences with Fab, making it a safer bet for investors. The company today netted $3 million in venture funding.

In August, Fab alleged that Touch of Modern’s developers had imitated their design. Fab looked into its logs and claimed in the lawsuit that the Touch of Modern team had visited the site “10, 20, 40, 50 times.” Touch of Modern hit back, claiming that it’s not illegal to visit a competitor’s website.

A Touch of Modern spokesperson told VentureBeat that the legal battle is over. The team claims that the site is already profitable, a milestone they hit just seven months after launching. Touch of Modern also claims that its membership has increased 300 percent since its 2012 launch.

What differentiates it from a plethora of flash sales sites on the market? Touch of Modern says that consumers choose their site as it focuses on discovery — and “products [that are] unavailable on other flash sales sites.” The company says that it brings a touch of curation, so shoppers won’t be flooded with options.

With the funding, Touch of Modern will develop an app for tablet devices. Already, they are finding that about 30 percent of consumers purchase items on mobile.

Meanwhile, Fab is moving away from flash sales to focus on exclusive products and is launching its own store. More on that here.

Floodgate Fund led the funding with participation from existing investors Hillsven Capital.

The founders offered the following statement on the lawsuit:

“We have resolved our differences with Fab and reached an amicable agreement. We’re focused on building a strong brand that introduces easy accessibility to beautifully designed luxury items from unique designers globally to our growing base of consumers.”

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