Vitamin Shoppe sues law firm for trademark infringement
NORTH BERGEN, N.J. — Vitamin Shoppe on Wednesday announced that the company had filed suit against law firm Seeger Weiss in New York federal court. Seeger Weiss has been using the company’s name and trademark "Vitamin Shoppe" in its domain name and marketing materials, as well as the trademarked Bodytech name in marketing and soliciting materials without the company’s permission, Vitamin Shoppe charged.
Vitamin Shoppe argues that Seeger Weiss is infringing on the company’s trademarks on a website designed to solicit plaintiffs for a class-action lawsuit over alleged misrepresentations related to its Bodytech protein supplements and is being harmed by unauthorized use of its trademarks.
Seeger Weiss had been doing this by using a domain name containing the Vitamin Shoppe trademark to misdirect and mislead consumers to its web site, according to Vitamin Shoppe. Additionally, the unauthorized web site had used pictures taken from the Vitamin Shoppe’s web site without permission.
Vitamin Shoppe is asking for a permanent injunction against further use of its trademarks, damages and transfer of the registration of the VitaminShoppeProtein.com domain to the company, as well as costs and attorney fees.
NAD refers Bremmen Clinical diet-aid ad claims to FTC
NEW YORK — The National Advertising Division on Tuesday referred advertising claims made by Bremmen Clinical, for its Vysera-CLS weight-loss supplement, to the Federal Trade Commission for further review.
NAD had requested substantiation for certain claims made by Bremmen Clinical for Vysera, including: “As incredible as it sounds, groundbreaking research has just identified a compound that can not only help you lose weight, but can actually reshape your entire body, reducing waist size, hip size, thigh and buttock circumference and … last but not least … cause a significant loss of actual fat mass from all over your body. Has the ‘miracle pill’ finally arrived?”
However, during the course of its review, NAD learned Bremmen Clinical is associated with Basic Research, a company that has entered into a 20-year consent order with the FTC regarding advertising weight-loss claims for several of its dietary supplements.
NAD procedures provide that NAD may administratively close a proceeding, as it did in this case, when the claims at issues are the subject of federal agency consent decree or order.
NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.
First Aid Shot Therapy launches analgesic shot in Seattle market
SEATTLE — First Aid Shot Therapy on Wednesday announced the launch of its F.A.S.T. Pain Relief product, a berry-flavored, single-dose, liquid relief shot. According to the company, F.A.S.T.’s active ingredient choline salicylate may enter a person’s blood stream up to five times faster than aspirin.
F.A.S.T. Pain Relief temporarily relieves headache, muscle pain, toothache, menstrual pain, pain and fever of colds, minor pain of arthritis and temporarily reduces fever. The active ingredients in the single-dose, pre-measured 1.35-fl. oz. (40 ml) liquid relief shot are choline salicylate (KOE-leen sa-LIS-i-late) and caffeine.
"We started F.A.S.T. because we wanted people to be able to take charge of their health in a better way than they’ve been able to do anytime in the past 50 years," Mary Page Platerink, CEO First Aid Shot Therapy said. "Americans have grown accustomed to taking a pill to manage their pain, but the growth of the energy shot market showed us that the time was right to bring together fast-acting liquid medicines in a single-dose bottle so people could better manage their own health in a more convenient way."
And, while F.A.S.T. Pain Relief has just made its debut, the company’s second liquid relief product, F.A.S.T. Upset Stomach Relief, will be introduced in early 2014.
"Getting sick never comes at the right time; it’s usually while you’re at the office or driving in your car, not when you’re standing in front of your medicine cabinet," Platerink added. "We wanted to create a product that was a quick, simple, no-mess, convenient, single-dose of relief that gives people control over their health and that’s exactly what we did."
F.A.S.T. products can be purchased in the greater Seattle area at retailers including Bartell Drugs, Haggen/Top Foods and online at Amazon.com.