Nutrition For Life International Files Suit
HOUSTON, TX -- (INTERNET WIRE) -- 11-10-2002 --
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 son), 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.
Contact: John Holchin, Vice President of Marketing, Nutrition for Life International
Voice: 713-460-1976
Fax: 713-895-8927
Email: jholchin@nutritionforlife.com
