VITAMARK (Tom Schreiter) GETS TRO REVERSAL
15 Oct 2002 On October 10, Nutrition for Life got a Temporary Restraining Order preventing Vitamark International from operating. VitaMark is a new company headed by Tom "Big Al" Schrieter The intent was that people that had worked for NFLI had unfairly left NFLI and started their own MLM Nutritional company. There was also a Trademark issue (see below)
LATEST NEWS
Oct. 16, 2002, Houston, TX. Vitamark International, Inc (Vitamark) prevailed in Texas court over Nutrition For Life International (NFLI) today.
The honorable Patricia Hancock signed an order dissolving the temporary restraining order (TRO) that was signed on October 11, because it was improvidently granted. On October 10, NFLI filed suit against Vitamark, David Bertrand, Jana Mitcham, and their spouses and children, and Kenneth Trahan for allegedly competing unfairly. On October 11, a TRO was granted based on representations of NFLI in affidavits. Today the TRO was dissolved because NFLI did not have lawful authority to bring the suit.
A further hearing is scheduled for October 21. The defendants intend to counterclaim for obtaining a wrongful injunction and several of the individuals intend to counterclaim for slander and breaches of contract.
Editors Note: I interviewed "Big Al" Tom Schreiter for you, last Sunday at lunch. We dicussed the the trademark issue listed in the News Bulletin below. See my editor's opinion on the trademark registration issue at the bottom of the following "Last week" News Bulletin.
News Bulletin Oct 11, 2002
For immediate release
Nutrition For Life International Files Suit
TRO Issued Restraining David Bertrand, Vitamark International, Inc., and Others
October 11, 2002, Houston, TX - Nutrition For Life International (NFLI) filed suit late yesterday in the District Court of Harris County, TX, naming as Defendants former NFLI President David Bertrand, former NFLI Vice President Jana Mitcham, their family members Judy Bertrand (David's wife), Laurie Bertrand (David's daughter-in-law), Mark Bertrand and Stephen Bertrand (David's two sons), Tom Mitcham (Jana's husband) and Jeff Mitcham (Jana's on), all former employees of NFLI, as well as a former Vice President, Kenneth "Skeeter" Trahan. Also named as a Defendant in the lawsuit is a company where many of these individuals are now working known as Vitamark International, Inc.
Today, Presiding Ancillary Judge Tony Lindsay granted NFLI's application for a Temporary Restraining Order and issued a Temporary Restraining Order against the Defendants. The TRO orders that the Defendants "and all those persons or entities acting in concert with them" are restrained from the date
of the Order until October 21, 2002, from:
Directly or indirectly infringing on the "VITAMARK" trademark in any manner including, but not limited to, commercial use of the names "Vitamark International," "VITAMARK" and any similar name,
or any other name which is likely to cause confusion, mistake or deception of the public, and injury to NFLI's business reputation;
Directly or indirectly infringing on any of the domain names:
www.vitamarkinternational.com
www.vitamarkinternational.biz
www.vitamarkinternational.info
www.vitamarkinternational.net
www.vitamarkinternational.org
www.vitamark.com
www.vitamark.org
www.vitamark.net
www.vitamark.biz
www.vitamark.info
www.vita-mark.com
www.vita-mark.biz
www.vita-mark.info
www.vitamarkonline.com
www.vitamarkintl.com
The TRO further restrains "engaging in any conduct which tends to falsely represent, or is likely to confuse, mislead or deceive the public...."
The TRO further restrains "hiring, attempting to hire, contact of solicit with respect to hiring any person performing services as an employee, an independent contractor, or as an employee of an independent contractor...."
The Nutrition For Life International Petition filed with the Court alleges causes of action for: Breach of Agreement, Conversion, Usurpation of Corporate Opportunities, Breach of Fiduciary Duty, Tortuous Interference, and Unfair Competition in Violation of the Federal Lanham Act.
For more information contact:
John Holchin - Vice President of Marketing - Nutrition for Life
International
Phone: 713.460.1976 FAX 713.895.8927
jholchin@nutritionforlife.com
Editors Note: This information below was later put on the Internet showing that representatives of Nutrition For Life had registered the Federal Trade Mark for VitaMark. Evidently their research did not go deep enough to find that a "prior use" trademark owned by "Big Al" Tom Schreiter existed. This is common in the "intellectual property" legal world.
See editorial summary below.
Word Mark VITAMARK
Goods and Services IC 005. US 006 018 044 046 051 052. G & S:
Nutritional and dietary supplements
IC 042. US 100 101. G & S: Multi-level marketing business
services, computerized on-line ordering services in the field of
nutritional and dietary supplements, homeopathic formulations,
cosmetics and pharmaceuticals; and educational and training
seminars for sales representatives and independent distributors
teaching self-development skills and sales and marketing
techniques for nutritional and dietary supplements, homeopathic
formulations, cosmetics, and pharmaceuticals
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76451133
Filing Date September 19, 2002
Filed ITU FILED AS ITU
Owner (APPLICANT) Hampton, Nicole INDIVIDUAL UNITED STATES 6600
Orange Street, #101 Los Angeles CALIFORNIA 90048
Attorney of Record Kam W.Li
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
Rod Cook's opinion: I hope this dispute can be settled amicably. Both sides have a good
history in the industry. Having been friends with "Big Al" Tom Schreiter for years I know that he does not enjoy the conflict.
All the years that Tom performed his excellent MLM Training seminars he never let people know that he was a founder of Nutrition For Life. Nor did he ever use his position as the top trainer in MLM to recruit people into the company. For that I have always given him the "Mother Theresa" award of the industry.
Never met Tom? People wonder about his nickname "Big Al." It's a strange nickname and like a brag it isn't it? Tom is Vertically challanged! We stand together side by side - shoulder to elbow. Big Al is a character Tom used in his early days of writing and training. He adopted it as a joke to make light of his height. I have always been intensely jealous of him -- because to Tom a coach seat on an airplane is the size equivelent -- of a first class seat to me!
Rod
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