T1GE BATTS
DAVIS & GIL
Marc Rachman (mrachman@dglaw.com)
Shirin Keen (skeen@dglaw.com)
Sean Cameron (scameron@dglaw.com)
1740 Broadway
New York, New York 10019
(212) 468-4800
Attorneys for Plaintiffs'
09 Ci 7297
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DR. MEHMET OZ; ZO CO I, LLC; OW LICENSING
COMPANY, LLC; and HARPO, INC.,
Plaintiffs,
V.
FWM LABORATORIES, INC.; CPX INTERACTIVE
LLC; NETALAB CORP; GILLMAP LIMITED a/lc/a
NATURES PERFECTION; MINIRED UAB; NUTRA
LANE LLC a/lc/a GNS GLOBAL LLC; CENTRAL
COAST NUTRACEUTICALS a/k/a CCN INC.; PURE
NUTRIENTS; B67 NUTRA PURE SYSTEMS a/lc/a
96R PURE NATURE PRODUCTS a/lc/a P67 WIE
NATURAL PRODUCTS LLC; SFL NUTRITION,
LLC; ACAI BERRY BREEZE; LIFE FIT LABS LLC;
REJUVENATE WORLDWIDE; HEALTHBUY.COM
a/lc/a HEALTH BUY LTD.; PHYSICAL
ENHANCEMENT LABS; MYCOLONRELIEF; XM
LABS LLC a/lc/a RX LABS; RAUSCHER BEKKE,
LLC a/lc/a RES VLIFE, LLC a/lc/a RES-V-LIFE, INC.;
BODY SOLUTION; 456 VITAL HEALTH SYSTEMS,
LLC a/lc/a FCM PERFORMANCE HEALTH USA a/lc/a
AEG PARTNERS LTD.; JDW MEDIA, LLC; PURE
VITAMINS; XLENT HEALTH; ORGANICA
RESEARCH LLC; INCLINE HEALTH LTD.;
HEALTH TECHNOLOGY; NATURAL SOURCE
STORE, LLC; 0841092 B.C. LTD.; BOTTOM TWO
INVESTMENTS a/k/a NUTRA FOODS;
HEALTHREZV, LLC a/k/a HEALTHREZV;
HEALTHY COLON, INC. a/lc/a HEALTHY COLON,
LLC; REDUX-V HOLDINGS, INC. a/k/a REDUX
HOLDINGS, INC. a/lc/a NATURADE, INC.; EASY
WHITE, INC. a/lc/a EASY WHITE LABS; JET
Index No. 09 Civ.
COMPLAINT
Plaintiffs Demand A Trial By Jury
PROCESSING; MONAVIE AS, LLC a/k/a MONAVIE
HOLDINGS INTERNATIONAL, LLC a/k/a
MOVAVIE LLC a/k/a MONAVIE; BRAZILIAN
BASICS; L'AVENIR; ULTRA GREEN PRODUCTS,
LLC a/ka/ ULTRA GREEN PRODUCTS; REZBERRIES a/k/a REZACTIV a/k/a RES Q; CRUSH
LLC; 3V MARKETING, LLC; JAMES RUSSEL;
MIKE JOHNSON; DAVID DUBE; KATHERINE
CLEMENTS; PAWEL RESZKA; MIKE KOENS;
TOUVAN SUGHIARTO; RYAN BUKEVICZ; MARK
SWARTZ; MATTHEW KELLY; SIDNEY FEIN; AND
DOES and ABC COMPANIES 1-500 inclusive,
Defendants.
Plaintiffs Dr. Mehmet Oz, Zo Co I, LLC ("Zo Co"), OW Licensing Company, LLC
("OW"), and Harpo, Inc. ("Harpo") (together, "Plaintiffs"), by and through their undersigned
attorneys, for their Complaint against the defendants named in this action and described below
(collectively referred to herein as the "Defendants") allege as follows:
NATURE OF ACTION
Dr. Oz, a renowned doctor who regularly appeared on television on the talk show The
Oprah Winfrey Show ("TOWS") and who will host the soon-to-premiere The Dr. Oz Show, Zo
Co, the owner of the DR. OZ family of trademarks, OW, the holder of the right of publicity
rights of Oprah Winfrey
one of the most famous and respected individuals in the world
and
Harpo, the owner of the "OPRAH" and "0" family of trademarks and the copyrights in the
number-one-rated, award-winning TOWS, bring this action seeking injunctive relief and damages
for the Defendants' deceptive and fraudulent practices that have harmed them and thousands of
consumers who have been and are being injured by Defendants' conduct.
Defendants are the sellers, suppliers, importers and/or marketers of products that purport
to be dietary supplements, such as for "resveratrol," "acai berry" and colon cleansing; cosmetics,
2
such as cellulite and anti-wrinkle creams; and/or over-the-counter drugs, such as tooth-whitening
products (together, the "Infringing Products"). These Infringing Products include, but are not
limited to: Resveratrol Ultra, RcsV, Vital RezV, ResV Pure, ResV Pro, Youth ResV, ResVer XP,
Acai Berry Breeze, Acai X3, Acai Pure, Acai Berry Detox, Acai Edge, Acai Burn, Body
Solutions, Nature Cleanse, Colon Pro Cleanse, Power Colon Cleanse, Colon Max, Whitening
Now, Easy White, Cellutone, and Cosmetyn.
These Defendants are willfully capitalizing on Plaintiffs' valuable reputation and
intellectual property rights to lure consumers into ordering their Infringing Products on the false
premise that they have been tested or recommended by Ms. Winfrey and/or Dr. Oz when they
have not. Defendants are fabricating quotes or falsely purporting to speak in Dr. Oz's and/or Ms.
Winfrey's voice about specific brands and products that neither of them has endorsed.
Defendants' conduct has gravely injured Plaintiffs' reputations. Plaintiffs seek to stop the
unauthorized and unlawful use of Dr. Oz's and Ms. Winfrey's names, pictures, voices and
identities, and Harpo's and Zo Co's trademarks and copyrighted works in connection with
Defendants' marketing and sales of, or offers to sell the Infringing Products.
Upon information and belief, many of Defendants' offers turn out to be credit card scams
or other fraudulent schemes by which Defendants (a) charge customers despite advertising that
the Infringing Products are available for a "free trial;" (b) fail to fulfill orders despite charging
consurners; or (c) charge consumers for monthly subscriptions of Infringing Products without the
consumers having signed up for any such subscription.
Defendants' conduct also raises serious public health and safety concerns because many,
if not all, of the Defendants are illegally marketing the Infringing Products, which are not
approved as drugs, as a means to cure, mitigate, treat or prevent diseases, illnesses, or serious
3
conditions.
Such marketing messages are, upon infonnation and belief, unsubstantiated and
unauthorized health claims, which Defendants falsely attribute to Dr. Oz and Ms. Winfrey.
Defendants are brazenly using Plaintiffs' property and infringing upon their rights despite
repeated requests that they cease and desist from such use and/or Plaintiffs' other extensive
efforts to put a stop to such unauthorized and unlawful use.
Plaintiffs seek injunctive reliet damages, including exemplary and punitive damages, and
attorney's fees under various causes of action, for violation of their statutory rights of privacy
and publicity under New York Civil Rights Law §§ 50 and 51 and the Illinois Right of Publicity
Act, 765 1LCS § 1075/1 et seq., trademark infringement, false endorsement, sponsorship or
affiliation, and dilution under Sections 32 and 43(a) of the Trademark Act of 1946 (the "Lanham
Act"), 15 U.S.C. §§I 114, 1116-1118 and 1125, copyright infringement under the Copyright Act,
17 U.S.C. § 101 et seq., deceptive acts and practices under New York General Business Law §
349, false advertising under New York General Business Law § 350, violation of the Illinois
Uniform Deceptive Trade Practices Act, cybersquatting under the Anticybersquatting Consumer
Protection Act, 15 U.S.C. § 1125(d), common law unfair competition, and unjust enrichment.
THE PARTIES
Plaintiff Dr. Oz is an individual with a principal place of business at Columbia University
Medical Center, Milstein Hospital Building 7-435, 177 Fort Washington Avenue, New York,
New York 10032. Dr. Oz is a renowned medical doctor who has been a frequent guest on
TOWS. He is the Director of the Cardiovascular Institute and Vice Chairman of Cardiovascular
Services, Department of Surgery, at Columbia University Medical Center, and Professor of
Surgery at Columbia University College of Physicians 8z Surgeons in New York, New York. Dr.
Oz is nationally renowned, but since his professional activities are based in New York and in this
4
District, his professional reputation stands to be most affected by Defendants' conduct in the
State ofNew York.
Plaintiff Zo Co is a Delaware corporation, with its principal place of business at 110
North Carpenter Street, Chicago, Illinois 60607, and is registered to do business in the State of
New York. Zo Co is the owner of the "Dr. Oz" family o f trademarks.
Plaintiff OW is a Delaware limited liability company, with its principal place of business
at 110 North Carpenter Street, Chicago, Illinois 60607. OW is the holder of the rights of
publicity and related rights of Ms. Oprah Winfrey, one of the world's nnost known and respected
individuals, who resides in the State of Illinois. OW has the right to assert a.nd enforce Ms.
Winfrey's rights of publicity.
Plaintiff Harp° is an Illinois corporation, with its with its principal place of business at
110 North Carpenter Street, Chicago, Illinois 60607, and is registered to do business in the State
of New York. Harpo is the owner of the "OPRAH" and "0" family of trademarks and the
copyrights in the images from and episodes of TOWS and Ms. Winfrey that are at issue in this
case.
Upon information and belief, Defendant FWM Laboratories, Inc. ("FWM") is located at
4961 Leeward Lane, Fort Lauderdale, Florida 33312, or at 3007 Greene Street, Hollywood,
Florida 33019, or at 2040 NE 163 Street, #305, North Miami Beach, Florida 33162. Upon
information and belief, FWM is a supplier or importer of certain of the Infringing Products at
issue, including Maximum ResV, ACAI X3, Acai Berry Detox, Resveratrol Ultra, RezMelts,
Colon Max and Resvie, which are the subject of numerous consumer complaints. FWM's
deceptive advertising for these Infringing Products is violating Plaintiffs' rights, and thousands
of consumers have complained of credit card fraud and other deceptive practices by FWM in
5
connection with its sale of these Infringing Products, and of its deceptive practices. FWM is
doing and transacting business within the State of New York and this judicial district, marketing,
selling and/or offering for sale the Infringing Products via its interactive websites and its affiliate
marketers.
Upon information and belief, Defendant CPX Interactive LLC ("CPX") is a New York
limited liability corporation, with its principal place of business at 1600 Steward Avenue, Suite
401, Westbury, New York 11590. Upon information and belief, CPX is an online advertising
network and global marketing company that is placing banner ads displaying infringing material
on websites, including using Dr. Oz's and Ms. Winfrey's name and images without their
authority.
Upon information and belief, Defendant Netalab Corp is located at 940 Lincoln Road,
Suite 215, Miami Beach, Florida 33139, or at 500 South Pointe Drive, Suite 230, Miami Beach,
Florida 33139. Upon information and belief, Defendant is a supplier or importer of certain of the
Infringing Products at issue, including Pure ResV Pro, South Beach Java, Acai Energy, and
RezV Advance. Defendant is doing and transacting business within the State of New York and
this judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon information and belief, Defendant Gillmap Limited a/k/a Natures Perfection is
located at 600 SW Anny Post Road, Des Moines, Iowa 50321 or at 4977 Fairview Avenue,
Boise, Idaho 83706. Upon information and belief, Defendant is a supplier or importer of certain
of the Infringing Products at issue, including ACAI BURN, Pure ResV, and Colon Revitalize.
Defendant is doing and transacting business within the State of New York and this judicial
6
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon inforrnation and belief, Defendant MiniRED UAB is located at Sunroad Corporate
Center, 4445 Eastgate Mall, 2nd Floor, San Diego, California 92121. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
Acai Ultimate, Power Colon Cleanse, and Vital RezV. Defendant is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Nutra Lane LLC a/k/a GNS Global LLC is
located at 871 Coronado Center Drive, #500, Henderson, Nevada 89052 or at 6452 Fig Street,
Suite A, Arvada, Colorado 80007. Upon information and belief, Defendant is a supplier or
importer of certain of the Infringing Products at issue, including Acai Berry Elite, ACAI EDGE,
Res Ver XP, and ResV. Defendant is doing and transacting business within the State of New
York and this judicial district by marketing, selling and/or offering for sale the Infringing
Products via its interactive websites and affiliate marketers.
Upon information and belief Defendant Central Coast Nutraceuticals a/k/a CCN Inc. is
located at 2375 East Camelback Road, 5th Floor, Phoenix, Arizona 85001. Upon information
and belief, Defendant is a supplier or importer of certain of the Infringing Products at issue,
including Acai Pure, Acai Power Blast, and Acai Blast. Defendant is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Pure Nutrients is located at 273 Walt Whitman
Road, Suite 274, Huntington Station, New York 11746. Upon information and belief Defendant
7
is a supplier or importer of certain o f the Infringing Products at issue, including Natural Cleanse.
Defendant is doing and transacting business within the State of New York and this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and belief, Defendant B67 Nutra Pure Systems a/k/a 96R Pure Nature
Products a/kla P67 Wie Natural Products LLC is a supplier or importer of certain of the
infringing Products at issue including ResV Pure. Defendant is doing and transacting business
within the State of New York and this judicial district by marketing, selling and/or offering for
sale the Infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant SFL Nutrition, LLC is located at 123 NW 13th
Street, Suite 212, Boca Raton, Florida 33432. Upon information and belief, Defendant is
a
supplier or importer of certain of the Infringing Products at issue, including Acai Berry Supreme,
Total Cleanse, Colon xR, and Colon rx. Defendant is doing and transacting business within the
State of New York and this judicial district by marketing, selling and/or offering for sale the
infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Acai Berry Breeze is located at 3370 N. Hayden
Road, Suite 123-180, Scottsdale, Arizona 85251. Upon information and belief, Defendant is a
supplier or importer of certain of the Infringing Products at issue, including Acai Berry Breeze
and UltraSlim XS. Defendant is doing and transacting business within the State of New York
and this judicial district by marketing, selling and/or offering for sale the Infringing Products via
its interactive websitcs and affiliate marketers.
Upon information and belief, Defendant Life Fit Labs LLC is located at 1101 High View
Drive, Webberville, Michigan 48892. Upon information and belief, Defendant is a supplier or
8
importer of certain of the Infringing Products at issue, including Colon Cleanse, Colon Cleanse
Pro, Probiotic Complete, and Goji Trim Pro. Defendant is doing and transacting business within
the State of New York and this judicial district by marketing, selling and/or offering for sale the
Infringing Products via its interactive websites and affiliate marketers.
Upon inforrnation and belief, Defendant Rejuvenate Worldwide is located at 3634 Long
Prairie Road, Suite 108-113, Flower Mound, Texas 75022.
Upon information and belief,
Defendant is a supplier or importer of certain of the Infringing Products at issue, including
Certified Resveratrol, Colon Pro Cleanse, and Miracle Resveratrol. Defendant is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via
its
interactive websites and affiliate
marketers.
Upon information and belief, Defendant HealthBuy.Com aik/a Health Buy Ltd. is located
at 350 N. Glenoaks Boulevard, Suite 305, Burbank, California 91502. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
Acai Berry Select and Resveratrol Select. Defendant is doing and transacting business within the
State of New York and this judicial district by marketing, selling and/or offering for sale the
Infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Physical Enhancement Labs is located at 1025
SW 59th Street, Oklahoma City, Oklahoma 73109, or at 6409 S. Western Avenue, Oklahoma
City, Oklahoma 73139. Upon information and belief, Defendant is a supplier or importer of
certain of the Infringing Products at issue, including Acai Berry Blast and Acai Blast. Defendant
is doing and transacting business within the State of New York and this judicial district by
9
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief, Defendant MyColonRelief is located at 1210 S. Brand
Boulevard, Glendale, California 91204. Upon information and belief, Defendant is a supplier or
importer of certain of the Infringing Products at issue, including My Colon Relief. Defendant is
doing and transacting business within the State of New York and this judicial district by
marketing, selling arid/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief, Defendant XM Labs LLC a/k/a RX Labs is a supplier or
importer of certain of the Infringing Products at issue, including Acai Flush and ResV Ultra.
Defendant is doing and transacting business within the State of New York and this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and belief, Defendant Rauscher Bekke, LLC a/k/a ResVLife, LLC
aik/a Res-V-Life, Inc. is located at 407 Lincoln Road, Suite I IC, Miami Beach, Florida 33137,
or at 12399 Belcher Road South, Largo, Florida 33773, or at 1500 Ocean Drive, Miami Beach,
Florida 33139. Upon information and belief, Defendant is a supplier or importer of certain of the
Infringing Products at issue, including Dennapril, Dermapril-SP, and ResV Life. Defendant is
doing and transacting business within the State of New York and this judicial district by
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belie Defendant Body Solution is located at 20828 Lassen Street,
Chatsworth, California 91311. Upon information and belief, Defendant is a supplier or importer
10
of certain of the Infringing Products at issue, including Body Solution and Striation. Defendant
is doing and trarisacting business within the State of New York and this judicial district by
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief, Defendant 456 Vital Health Systems, LLC a/k/a FCM
Performance Health USA a/k/a AEG Partners Ltd. is located at 654 North 800 East, #501,
Spanish Fork, Utah 84660, or at 78 West 560 South, Orem, Utah 84058. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
ResV Pro. Defendant is doing and transacting business within the State of New York and this
judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon information and belief, Defendant .11DW Media, LLC is located at 2184 Charming
Way, #322, Idaho Falls, Idaho 83404. Upon information and belief, Defendant is a supplier or
importer of certain of the Infringing Products at issue, including Pure Cleanse and Acai Ultra
Bum.
Defendant is doing and transacting business within the State of New York and this
judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon information and belief, Defendant Pure Vitamins is located at 273 Walt Whitman
Road, Suite 274, Huntington Station, New York 11746, or at 3280 Suntree Blvd, Suite 101,
Melbourne, Florida 32940. Upon information and belief, Defendant is a supplier or importer of
certain of the Infringing Products at issue, including Phosphacore and Eternal RezV. Defendant
is doing and transacting business within the State of New York and this judicial district by
11
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief, Defendant XLENT Health is located at 3005 South Street,
East Troy, Wisconsin 53120. Upon information and belief, Defendant is a supplier or importer
of certain of the Infringing Products at issue, including Res-V and Energai. Defendant is doing
and transacting business within the State of New York and this judicial district by marketing,
selling and/or offering for sale the Infringing Products via its interactive websites and affiliate
marketers.
Upon information and belief, Defendant Organica Research LLC is located at 11701 East
53rd Avenue, Denver, Colorado 80239. Upon information and belief, Defendant is a supplier or
importer of certain of the Infringing Products at issue, including Ultimate Colon Cleanse.
Defendant is doing and transacting business within the State of New York and this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and belief, Defendant Incline Health Ltd. is located at 6841 Virginia
Parkway, Suite 103 #218, McKinney, Texas 75071. Upon information and belief, Defendant is a
supplier or importer of certain of the Infringing Products at issue, including ResV Daily, Acai
Fuel Extreme, and Acai Fuel Cleanse. Defendant is doing and transacting business within the
State of New York and this judicial district by marketing, selling and/or offering for sale the
Infi-inging Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Health Technology is located at 5300 Ontario
Mills Parkway, Ontario, California 91764. Upon information and belief, Defendant is a supplier
or importer of certain of the Infringing Products at issue, including Acai Away and Youth ResV.
12
Defendant is doing and transacting business within the State of New York and this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and beliet Defendant Natural Source Store, LLC is located at 4051
SW 47th Avenue, Suite 101-102, Davie, Florida 33314 or at 6565 Taft Street, #204, Hollywood,
Florida 33024. Upon information and belief, Defendant is a supplier or importer of certain of the
Infringing Products at issue, including Cosmetyn. Defendant is doing and transacting business
within the State of New York and this judicial district by marketing, selling and/or offering for
sale the Infringing Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant 0841092 B.C. Ltd. is located at 180 West
Westfield Avenue, Roselle Park, New Jersey 07204. Upon information and belief, Defendant is
a supplier or importer of certain of the Infringing Products at issue, including Resvermax,
Premium Acai Berry, Slim Berry, and Procolo. Defendant is doing and transacting business
within the State of New York and this judicial district by marketing, selling and/or offering for
sale the Infringing Products via its interactive websites and affiliate marketers.
Upon information and beliet Defendant Bottom Two Investments a/k/a Nutra Foods is
located at 110 West 9th Street, #665, Wilmington, Delaware, 19801. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
Acai Resolution, Acai Nutraburst, RezEX, Maqui Nutraburst, and Exilatrol. Defendant is doing
and transacting business within the State of New York and this judicial district by marketing,
selling and/or offering for sale the Infringing Products via its interactive websites and affiliate
marketers.
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Upon inforrnation and belief, Defendant HealthRezV, LLC a/k/a HealthRezV is located
at 10134 6th Street, Suite M, Rancho Cucamonga, California 91730. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
HealthRezV. Defendant is doing and transacting business within the State of New York and this
judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon inforrnation and belief Defendant Healthy Colon, Inc. a/k/a Healthy Colon LLC is
a supplier or importer of certain of the Infringing Products at issue, including Body Flush.
Defendant is doing and transacting business within the State of New York and this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and belief, Defendant Redux-V Holdings, Inc. a/kJa Redux Holdings,
Inc. Oda/ Naturade, Inc. is located at 2099 South State College Boulevard, Suite 210, Anaheim,
California 92886, or at 1 City Boulevard West, Suite 1440, Orange, California 92868. Upon
information and belief, Defendant is a supplier or importer of certain of the Infringing Products
at issue, including Redux-V. Defendant is doing and transacting business within the State of
New York and this judicial district by marketing, selling and/or offering for sale the Infringing
Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Easy White, Inc. a/k/a Easy White Labs is
located at 5711 SW I37th Avenue, Miami, Florida 33183, or at 6899 Winchester Circle, Suite
103, Boulder, Colorado 80301, or at 5711 SW 137 Avenue, Miami, Florida 33183.
Upon
information and belief, Defendant is a supplier or importer of certain of the Infringing Products
at issue, including Easy White. Defendant is doing and transacting business within the State of
14
New York and this judicial district by marketing, selling and/or offering for sale the Infringing
Products via its interactive websites and affiliate marketers.
Upon information and belief, Defendant Jet Processing
is
located at 13799 Park
Boulevard North, Suite #330, Seminole, Florida 33776. Upon information and belief, Defendant
is a supplier or importer of certain of the Infringing Products at issue, including Acai Natura
Burn.
Defendant is doing and transacting business within the State of New York and this
judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon information and belief, Defendant Monavie AS, LLC alkla Monavie Holdings
International, LLC ailda Monavie LLC aIlda Monavie is located at 10757 South Riverfront
Parkway, Suite 110, Salt Lake City, Utah 84095. Upon information and belief, Defendant is a
supplier or importer of certain of the Infringing Products at issue, including Monavie. Defendant
is doing and transacting business within the State of New York and this judicial district by
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief, Defendant Bra_zilian Basics is located at 165 Pleasant
Avenue, South Portland, Maine 04106. Upon information and belief, Defendant is a supplier or
importer of certain of the Infringing Products at issue, including Acai Energy. Defendant is
doing and transacting business within the State of New York and this judicial district by
marketing, selling and/or offering for sale the Infringing Products via its interactive websites and
affiliate marketers.
Upon information and belief Defendant L'avenir is located at 1275 Bloomfield Avenue,
Building 9, Unit 85, Fairfield, New Jersey 07004. Upon information and belief, Defendant is a
15
supplier or importer of certain of the Infringing Products at issue, including Cellutone.
Defendant is doing and transacting business within the State of New York a_nd this judicial
district by marketing, selling and/or offering for sale the Infringing Products via its interactive
websites and affiliate marketers.
Upon information and belief, Defendant Ultra Green Products, LLC a/k/a Ultra Green
Products is located at 2820 Remington Green Circle, Tallahassee, Florida 32308, or at 2160A
Sunnydale Boulevard, Clearwater, Florida 33765. Upon information and belief, Defendant is a
supplier or importer of certain of the Infringing Products at issue, including Goji Raw,
Resveratrol Lifeline. Defendant is doing and transacting business within the State of New York
and this judicial district by marketing, selling and/or offering for sale the Infringing Products via
its interactive websites and affiliate marketers.
Upon information and belief, Defendant Rez-Berries a/k/a RezActiv a/k/a Res Q is
located at 6899 Winchester Circle, Suite 103, Boulder, Colorado 80301. Upon information and
belief, Defendant is a supplier or importer of certain of the Infringing Products at issue, including
Rez Activ. Defendant is doing and transacting business within the State of New York and this
judicial district by marketing, selling and/or offering for sale the Infringing Products via its
interactive websites and affiliate marketers.
Upon information and belief, Defendant Crush LLC is located at 9140 S. State Street,
Suite 202, Sandy, Utah 84070. Upon information and belie Defendant is a supplier or importer
of certain of the Infringing Products at issue, including Acai Berry 500. Defendant is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via its interactive websites and affiliate
marketers.
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Upon inforrnation and belief, Defendant 3V Marketing, LLC is located at 100 Middle
Street, West Tower, Portland, Maine 04101 or 482 Congress Street, Portland, Maine 04101.
Upon information and beliet Defendant is a supplier or importer of certain of the Infringing
Products at issue, including Acai Advanced and Acai Advance.
Defendant is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via its interactive websites and affiliate
marketers.
Upon information and belief, Defendant James Russel is an individual residing at 9321
W. Hudson Street, Hartford, Connecticut 21563.
Defendant James Russel is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or
offering
for
sale
the
Infringing
Products
via
his
websites
www.resveratrolreviewboards.com, www.resveratro124.com, www.celluliteallgone.com, and
www.byebyewrinkle.com.
Upon information and belief, Defendant Mike Johnson is an individual residing at 12
Front Street, San Francisco, California 90231. Defendant Mike Johnson is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via his websites www.drozstretchmarkcure.com and
wWW exclus iv eres veratrol. co m.
Upon information and belief, Defendant David Dube is an individual residing at 30
Chelsea Road, Essex Junction, Vermont 05452. Defendant David Dube is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via his websites www.resveratrolreports.com and
www.resveratro trey ie w ed. com.
17
Upon information and belief, Defendant Katherine Clements is an individual residing at
2015 Springvale Road, Duluth, Minnesota 55811. Defendant Katherine Clements is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via her websites www.droz4-diet.info and
www.healthynaturals.com
Upon information and belief, Defendant Pawel Reszka is an individual residing at 499
Ivy Lane, Apt. 7, Bradley, Illinois 60915. Defendant Pawel Reszka is doing and transacting
business within the State of New York a_nd this judicial district by marketing, selling and/or
offering for sale the Infringing Products via his websites www.acaisavedrnylife.com and
http://www.Drozmiracle.com.
Upon information and belief, Defendant Mike Koens is an individual residing at 2342
Santa Monica Boulevard, Los Angeles, California 90025. Defendant Mike Koens is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via his website www.dr-oz-resv.com.
Upon information and belief, Defendant Touvan Sughiarto is an individual residing at
10601-G Tierrasanta Boulevard, San Diego, California 92124. Defendant Touvan Sughiarto is
doing and transacting business within the State of New York and this judicial district by
marketing, selling and/or offering for sale the Infringing Products via his websites www.dr-ozacai-betTy-alert.com and www.oz-resveratrol-alert.com.
Upon information and belief, Defendant Ryan Bukevicz is an individual residing at
1
Breckenridge Drive, Warminster, Pennsylvania 18974. Defendant Ryan Bukevicz is doing and
transacting business within the State of New York and this judicial district by marketing, selling
18
and/or offering for sale the Infringing Products via his websites www.acaiberriestrial.com and
www.dro zd iet-acaibeiTy. co m.
Upon information and belief, Defendant Mark Swartz is an individual residing at Laurel
Oak Road, #1, Voorhees, New Jersey 08043. Defendant Mark Swartz is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via his websites www.whatisresveratrol.cotn and
www. resv erat ro lreview s. com.
Upon information and belief, Defendant Matthew Kelly is an individual residing at 2497
Martin Avenue, Bellmore, New York 11710. Defendant Matthew Kelly is doing and transacting
business within the State of New York and this judicial district by marketing, selling and/or
offering for sale the Infringing Products via his websites www.resveratroltop3.com and
www. resverat ro lw inepil 1 s. com.
Upon information and belief, Defendant Sidney Fein is an individual residing at 1600
Stewart Avenue, Suite 401, Westbury, New York 11590. Defendant Sidney Fein is doing and
transacting business within the State of New York and this judicial district by marketing, selling
and/or offering for sale the Infringing Products via his websites www.doctorozresv.com and
www.aol.doctorozresv.com.
Upon information and belief, Defendants Does and ABC Companies 1-500 are affiliates,
marketers, suppliers, manufacturers and/or importers of certain of the Infringing Products via
hundreds of websites, including but not limited to: www.drozadvice.com, www.dr-oz-resv.net,
www.dr-oz-resv.com,
www.drozresv.corn,
www. do ctoro zres v. co in,
w w w.o zres vt rial. co m,
www.droz-resv- free. corn,
www.dro z- resvera.t ro1- trial, corn,
19
www.dr-o z-res veratrol-alert. net,
www.Theozresveratrol.com,
www.oz-loves-resveratrol.com,
wl,vw-.oprahsacaiberrydiet.com,
www.dr-o z-s uggest s. corn,
http://webmdacaireview.com,
www.dr-oz-co loncleanse.coin,
www.dr-oz-acai-ratings.com,
www.drozstretchmarkcure.com,
www.celluliteassociation.corn,
www.Drozteethwhitening.com,
www.oprahsspecialdiet.com,
www.oprandietsecret.com,
www.resveratro160.corn,
www.oprahsnewdiet.coin,
www.oprahsbestdiet.com, and www.oprahhealthoffers.com.
Plaintiffs are currently ignorant of the true names and capacities of the defendants sued
herein as Does and ABC Companies 1 through 500, inclusive, and therefore sue these defendants
by such fictitious names. Plaintiffs have identified over 500 web sites selling and/or marketing
the Infringing Products, and will amend this Complaint to allege their true names and capacities
when ascertained. Upon information and belief, Defendants Does and ABC Cornpanies 1-500
include individuals and corporations.
Upon information and belief at all times all Defendants were the principals, agents,
affiliates, partners, alter-egos, co-conspirators, and/or are acting in concert with each other, and
each acted within the course, scope and authority of such relationships so that, as a result, all
Defendants are jointly and severally liable for the acts alleged in this Complaint. This belief is
based, in part, on the facts that some or all of the Defendants: (a) have identical or similar
websites, (b) are using the same language and images, (e) link or redirect visitors to the same
websites, (d) are aggregated on single websites, (e) market and/or sell the same Infringing
Products manufactured by the same manufacturer, and (f) share profits from sales of the
Infringing Products. A list of the suppliers, products and websites believed to be affiliated with
each other at the time of the filing of this Complaint is attached as Exhibit 1.
20
JURISDICTION AND VENUE
This action arises under the Lanham Act, 15 U.S.C. § 1051, et seq. and the Copyright
Act, §17 U.S.C. 101, et seq. This Court has subject matter jurisdiction over this action pursuant
to 15 U.S.C. § 1121, 28 U.S.C. §§ 1331, 1338(a) and (b), and 28 U.S.C. § 1367(a), because this
action arises under the laws of the United States, and this Court has supplemental jurisdiction
over related state law claims.
Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) and (c) because a
substantial part of the events giving rise to Plaintiffs' ciairns occur-red in this district, or a
substantial part of the property that is the subject of the action is situated within this district, and
Defendants are subject to personal jurisdiction within this district. New York is a major center
of Plaintiffs' activities, and Defendants aggressively market and sell their goods in New York
and in this District, including making sales to New York residents through active websites.
FACTUAL ALLEGATIONS
Plaintiffs Have Valuable Rights in Their Names, Pictures, Voices, Identities, and
Trademarks
As a result of the investment of considerable time, effort and expense, both Dr. Oz and
Ms. Winfrey have developed valuable rights in their names, pictures, voices, identities personas,
and trademarks.
The Oprah Name and Marks
Ms. Winfrey is one of the world's most famous and respected individuals. Her fame is so
extensive that she is instantly recognized by her first name "Oprah" alone.
21
TOWS, featuring Ms. Winfrey as the host, has aired since 1986, and is watched by tens of
millions of daily viewers in 145 countries. New York City is a major market for TOWS and for
the activities of Plaintiffs.
TOWS has covered a wide range of topics, including lifestyle, health, and nutrition.
Just
getting mentioned by Ms. Winfrey on TOWS can lead to an exponential increase in a product's
sales. This has been colloquially referred to as "The Oprah Effect" or "The O Factor," and was
recently the subject of a documentary aired on CNBC titled The Oprah Effect which premiered
on or about May 28, 2009. Ms. Winfrey's reputation depends, in part, on the quality of the
products she recommends, which she does only after careful consideration and vetting to rnake
sure such products meet her standards and approval.
Plaintiff Harpo is the owner of many federal trademark registrations and applications for
the mark "OPRAH," alone and in combination with other words. Harp° owns a federal
registration, Registration No. 1,726,373, for "OPRAH" in International Class 041, covering
"entertainment services rendered through the medium of television in the nature of a variety talk
show series."
Harpo is also the owner of Registration No. 2,521,889 for "OPRAH" in
International Class 041, covering Aciomputer services, namely, information via a web site
featuring information on the subject matter of Applicant's television programs, films and videos,
food and books via the Internet," and International Class 042, covering "[c]omputer
services,
namely, information via a web site featuring health, nutrition, fitness, volunteetism for charities,
charitable work and philanthropic lifestyles via the Internet."
Harpo is also the owner of
Registration No. 2,638,506 for "THE OPRAH WINFREY SHOW" in International Class 041,
covering "entertainment services rendered through the medium of television in the nature of a
variety talk show series; and computer services, namely, providing information via an Internet
22
web site featuring information on the subject matter of Applicant's television programs, films
and videos, food, and books," and International Class 042, covering "computer services, namely,
providing information via an Internet web site featuring health, nutrition, fitness, volunteerism
for charities, charitable work and philanthropic lifestyles." These registrations are incontestable
pursuant to 15 U.S.C. §§ 1065 and 1115(b).
The name and trademark OPRAH is well recognized as denoting Harpo and is famous
under 15 U.S.C. § 1125(c).
The fame of TOWS together with the fame of Ms. Winfrey have resulted in invaluable
and incalculable good will to the right of publicity of Ms. Winfrey and to the "OPRAH" and "0"
family of trademarks and copyrights.
The Dr. Oz Name and Marks
Dr. Oz is a well-regarded medical doctor and is vice chair of surgery and professor of
cardiac surgery at Columbia University Medical Center and its College of Physicians and
Surgeons, and host of the soon-to-premiere The Dr. Oz Show. He has written numerous books,
including the You series, and other publications, and is a sought-after lecturer. He is involved in
a number of non-profit efforts, including as a spokesman and adviser for an organization that
provides health information to consumers. He has received multiple awards for his work.
Dr. Oz frequently appears on television to talk about healthcare and nutritional advice
and policy, and is a frequent guest on TOWS.
Dr. Oz is known to the public as "Dr. Oz." He has obtained celebrity status and soon will
be appearing in his own television show.
Zo Co owns several federal trademark applications for the mark DR. OZ, alone and in
combination with other words, including Serial No. 77,736,468 for "DR. OZ" in International
23
Class 041, covering "Entertainment services in the nature of providing newsletters in the fields
of diet, exercise, fitness, health and wellness, medicine and medical practices via e-mail;
providing on-line journals, namely, blogs featuring information and entertainment in the fields of
diet, exercise, fitness, health and wellness, medicine and medical practices; providing
information and entertainment via the Internet in the fields of diet, exercise, fitness, health and
wellness, medicine and medical practices."
Dr. Oz's fame has resulted in invaluable and incalculable good will to the name and
trademark DR. OZ.
Plaintiffs' Copyrighted Shows In Which No Particular Dietary Supplements, Cosmetics or
Drugs are Endorsed
Dr. Oz and Ms. Winfrey are very discerning about the products and services with which
they associate themselves.
On or about May 5, 2005, Dr. Oz appeared in an episode of TOWS entitled "Insider's
Secrets to Make You Younger and Healthier," in which he discussed colon health. Immediately
following the episode, upon information and belief, Defendants started advertising and selling
dietary supplements that purport to aid in "colon cleansing" on various websites by unlawfully
and deceptively using Dr. Oz's and Ms. Winfi-ey's names, images, and voices.
On or about February 5, 2008, Dr. Oz appeared in another episode of TOWS entitled "Dr.
Oz Reveals the Ultimate Checklist for Great Aging" in which he discussed a fruit called the "acai
berry." Immediately following the episode, upon information and belief, Defendants started
advertising and selling dietary supplements that purport to contain acai ben-y on various websites
by unlawfully and deceptively using Dr. Oz's and Ms. Winfrey's names, images, and voices.
24
Most recently, on March 24, 2009, Dr. Oz appeared in an episode of TOWS entitled "Dr.
Oz Extreme Life Extension," which focused on aging. In a segment of that episode, he discussed
resveratrol, a compound found in some plants, fruits and seeds, and especially in the skin of
grapes and certain grape-derived products (such as red wine) ("Resveratrol"). This segment of
the March 24, 2009 episode of TOWS is hereinafter referred to as the "Resveratrol Clip."
Immediately following the airing of the Resveratrol Clip, upon information and belief,
Defendants started advertising and selling dietary supplements allegedly containing Resveratroi
on various websites by unlawfully and deceptively using Dr. Oz's and Ms. Winfrey's names,
images, and voices.
Upon information and belief, Defendants are also advertising and selling anti-wrinkle and
cellulite creams, as well as tooth-whitening products, by unlawfully and deceptively using Dr.
Oz's and Ms. Winfrey's names, images, and voices.
Critically, neither Dr. Oz nor Ms. Winfrey endorsed any specific dietary supplement,
cosmetic, or drug, on TOWS or at any other time and in fact, in certain cases, discouraged the
use of certain dietary supplements, cosmetics or dnigs altogether.
Defendants' Unauthorized Use of Plaintiffs' Names, Pictures, Voices, Identities,
Trademarks and Copyrighted Works
Defendants are unlawfiilly using Dr. Oz and Ms. Winfrey's names, pictures, voices,
identities, personas, Plaintiffs Dr. Oz's, Hatpo's and Zo Co's trademarks and Plaintiff Harpo's
copyrighted works (together, "Plaintiffs' Property") in a number of ways, including, but not
limited to, through search engine optimization through the use of embedded meta-tags and other
methods; by purchasing keywords for sponsored links in search engines' advertising programs;
through Internet and behavioral advertising methods, such as banner ads and affiliated marketing
25
programs; by using Dr. Oz's and/or Ms. Winfrey's names in domain names or webpage
addresses themselves; by using Dr. Oz's and or Ms. Winfrey's names, images and voices on their
websites; by purporting to be Dr. Oz and/or Ms. Winfrey; by claiming their Infringing Products
have been recommended by Dr. Oz and/or Ms. Winfrey; and through videos containing images
of Dr. Oz and/or Ms. Winfrey (together, "Defendants Unlawful Marketing"). These methods are
expiained in further detail below.
Defendants are using Plaintiffs' Property without Plaintiffs' consent or authorization.
Upon information and belief, Defendants did not seek Plaintiffs' written consent for use
of Plaintiffs' Property in connection with the Infringing Products because they believed that they
would not have received it, a.nd because they wished to profit from this use without paying any
compensation to Plaintiffs.
Had their permission been sought, Plaintiffs would have flatly refused to consent to the
use of Plaintiffs' Property in connection with the Infringing Products.
Unauthorized and Deceptive Use in Search Engine Optimization: Sponsored Links and
Meta-Tags
Defendants are using the Dr. Oz and Oprah names and marks in a number of ways to
optimize their visibility on online search engines such as Google, Yahoo!, and MSN (now Bing).
Upon inforrnation and belief, Defendants have embedded meta-tags containing the Dr.
Oz and Oprah names and marks, and are engaging in other search engine optimization strategies
that violate Plaintiffs' rights in the Dr. Oz and Oprah names and marks, such that links to
Defendants' websites appear in results of online searches for Dr. Oz's and Ms. Winfrey's names.
Upon information and beli4 Defendants have bought keywords using the Dr. Oz and
Oprah names and marks from online search engines, such that a search for "Dr. Oz" or "Oprah"
26
on their own and in conjunction with other words results in "sponsored links" to Defendants'
websites. Copies of sample sponsored link results for "Dr. Oz" and "Oprah" on Google, Yahoo!
and MSN/Bing printed on July 10, 2009 are attached as Exhibit 2. These sponsored links listings
give the false impression that the listed websites are sponsored or otherwise approved of by Dr.
Oz and Ms. Winfrey when they are not.
In addition to purchasing keywords containing the Dr. Oz and ()prat] names and marks,
the titles and descriptions of Defendants' "sponsored links" contain the Dr. Oz and Oprah names
and marks. For example, they bear titles such as "Free Resveratrol
Dr. Oz" and "Dr. Oz
Recomrnends" and descriptions such as "Oz is Giving You Two Free Bottles of Resveratrol."
This reinforces the false impression that the listed websites are sponsored or otherwise approved
o f by Dr. Oz and/or Ms. Winfrey.
Unauthorized Use in Domain Names
Defendants have or are also using the Dr. Oz name and mark in the domain names for
their websites and/or their web addresses for specific pages on their websites. A representative
sample of these domain names and web addresses is attached as Exhibit 3.
Defendants have or are also using the Oprah name and mark in the domain names for
their websites and/or their web addresses for specific pages on their websites. A representative
sample of these domain names and web addresses is attached as Exhibit 4.
Many of these domain names are registered through third-party proxies, upon information
and belief, in an effort to mask the identities of the true owners of the domain names and the
operators of the offending websites, and to attempt to shield such owners from liability for their
deceptive conduct.
27
Unauthorized and Deceptive Use on Websites
Defendants are u.nlawfully using Plaintiffs' Property in a number of ways on their
websites, such as: (a) prominently displaying Dr. Oz and/or Ms. Winfrey's name and marks as a
false "branding" for their websites; (b) copying and distributing Harpo's copyrighted Resveratrol
Clip, including Dr. Oz and/or Ms. Winfrey's voice, picture and identity; and/or (c) prominently
displaying Dr. Oz and/or Ms. Winfrey's photographs, including still images from the Resveratrol
Clip.
In addition, Defendants' websites claim or suggest that Dr. Oz and/or Ms. Winfrey
specifically endorse or promote the Infringing Products, when in fact they do not.
For example, as shown below, on www.droz-resveratrol-trial.com and www.dr-ozresveratrol-trial.com, Dr. Oz's name and irnage were illegally used to refer consumers to a
Resveratrol product.
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In the examples above, which are nearly identical, Defendants purport to sell "the doctor
OZ ResV," prominently display Dr. Oz's photograph, and purport to be websites belongin.g to
Dr. Oz, such as by including a "Dr. Oz's Perfect Match Tool," and state that he is giving away
trials of Defendants' product. All of this was done without Plaintiff's' authority. The examples
above also prominently display the words "As Seen On Oprah/The Oprah Winfrey Show,"
misleadingly suggesting that this specific product was featured on TOWS, when in fact it was
not.
Similar examples of Defendants' Unlawful Marketing appear on websites that sell acai
berry and colon cleanse dietary supplements, for example:
29
A. http://dr-oz-acal-berry-alert.com
(5. Ur tic ncos uerey Supplement Product Alert I Hurry Wirer Ends soon I As Discussed un the Dwell 5 - Windows Internet Explorer
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seen my segment on the Acal Derry diet without Side Effects.
_ns me.ntioned, rve Mien; dcai myself, and love the benefits it has
to offer When en the Anii Diet, yon should et pert an average loss
of 2u-25 pounds in a span uf 2-4 weeks. The <imams superhuit
can also promote boons in the immune system, asid help prevent
diseases like cancer and diabetes.
Free trials of Arai Berry supplemonn are available. But act
immediately, there Ls a limited supply of tdal bottles.
CoMtining afag_ftury With d AAA' CleADSe SOpptement
could enhance& maximite the process alshendingensse weight.
This Weeks Trial Special: Ends June tfl, 2009
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Free Trials Remaining:12
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30
The Ultimate Aca I Berry Die
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http://www.ultimatecoloncleanse.eomI3O_day_tria I/
Ultimate Colon Cleanse
Organea
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Try it FREE for 30 Days
accinse Yo, Syitern
No Obligation. No Automatic Shipments. No Risk.
CM. US
FREE TRIAL
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For Your 30 Day. FREE Triall
The Truth About Parasites& Why You
( just cover *4.77 g a h)
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Suppiies Are Limited!
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lifeS (*oh Mr.r.,
Or Ciz, the now famous Oprah *infrey guest sa,s...-ninety percent et humana wIll
have a problem wih parasites in their blame." Parasites are not just something
lhat other people gel - a maim./ reserved for cittens of developing counkies.
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First Name:
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Attached as Exhibit 5 are equally egregious examples of additional websites that are part
of the Defendants' Unlawful Marketing.
These websites sell or promote several different
Infringing Products and prominently display Dr. Oz's photograph and purport to speak in Dr.
Oz's voice. Por example, these websites make such misleading statements as, "if you have been
following me on the Oprah show, you would have seen my segment on Resveratrol, and
everything it can do for you." These websites go on to make specific false claims, such as that
"our review team ordered twenty (20) products that provided FREE TRIALS and the good news
is that the products arrived on time and were in fact free!" The websites also make specific
health claims that are false, and which were never made by Dr. Oz on the Resveratrol Clip or in
any other forum, such as that "a majority of patients were able to lose 15-35 lbs within a very
short period of time and felt 50% healthier. We are also very happy to report that there were no
31
Resveratrol side effects detected during this test." These websites also point to a particular
Infringing Product, Resveratrol Ultra, and identifies it as "the Resveratrol that was showcased on
Oprah," when in fact it was not.
As set forth above, based upon information and belief, and on the identity or similarity of
these websites, the fact that they are inter-linked, and the aggregation of these Infringing
Products on certain websites, Defendants are alter egos of each other and/or are acting in concert
with each other in connection with all the Defendants Unlawful Marketing and Infringing
Products.
Fake Blogs and False News Reports
Defendants are also deceiving consumers by the use of fake blogs and news reports that
purport to report true accounts of positive results from use of the Infringing Products, when in
fact, these websites are advertisements for the Infringing Products. In addition, these fake blogs
and news reports falsely reference Ms. Winfrey and Dr. Oz as their "sources."
One such example is a false news report accessible at the URL www.newsl3direct.com,
which contains a story reported by Cathy Diaz of News 13 WKTV in New York City. A copy of
the fake news report is attached as Exhibit 6. Upon information and belief, no such reporter or
news station, however, exists in New York City. The website directs visitors to purchase
Resveratrol Ultra.
Unauthorized and Deceptive Use in Internet Advertising
In addition, Defendants advertise their Infringing Products through contextual and
behavioral advertising methods, whereby advertisements are directed to consumers based on
their browsing history or the content on the sites they visit.
32
These advertisements contain or use Plaintiffs' Property without authorization, and
falsely claim or suggest that Plaintiffs endorsed or are affiliated with Defendants when in fact
they are not. Representative samples of deceptive "banner ads" using Plaintiffs' Property are
attached as Exhibit 7. Upon information and belief, these banner ads were placed by defendant
CPX on behalf one or more of the defendant Does and ABC Cornpanies
1
to 500 whose
identities we have yet been able to ascertain. Upon information and belief, CPX placed these
banner ads with, among other websites, AOL, and falsely and fraudulently represented to AOL
that Dr. Oz liad authorized the use of his name and image in the advertisement when he had not.
Through AOL's advertising service, these banner ads have appeared on various websites,
including the LA Times website, www.latimes.com.
Unauthorized and Deceptive Use in Unsolicited Email
Defendants advertise their Infringing Products through unsolicited spam emails using
Plaintiffs' Property. Examples of Defendants' spam emails are attached as Exhibit 8.
Unauthorized and Deceptive Use in Videos
Ill.
In addition, Defendants advertise their Infringing Products by distributing clips of TOWS,
or making their own videos, which are distributed on various third-party websites, such as
YouTube, which display user-generated video content ("UGC Video Sites"). These videos
contain or use Plaintiffs' Property, and falsely claim or suggest that Plaintiffs endorsed or are
affiliated with Defendants when in fact Plaintiffs have not endorsed and are not affiliated with
Defendants.
Examples of Defendants' use of Plaintiffs Property on UGC Video Sites are
attached as Exhibit 9.
33
Unauthorized Use of Harpo's Copvriuhted Works
Harpo is the owner of all rights, title and interest, including without limitation all
copyrights,
in
and
to
various
photographs
of
Oprah
Winfrey
(the
Photographs") and the following episodes of TOWS (the "Episodes"): "Dr. Oz Extreme Life
Extension" (containing the Resveratrol Clip), date of first publication March 24, 2009,
Registration No. PA 1-633-071, with an effective date of registration within three months of first
publication; "Insider's Secrets to Make You Younger and Healthier," date of first publication
May 5, 2005, Registration No. PA 1-633-068; "Dr. Oz Reveals the Ultimate Checklist for Great
Aging," date of first publication February 5, 2008, Registration No. PA 1-633-070; "Ask Dr.
Oz," date of first publication February 13, 2007, Registration No. PA 1-635-926; "The Dr. Oz
Diet," date of first publication November 2, 2006, Registration No. PA 1-635-927; "Dr. Oz 90
Day Live Longer, Feel Younger Plan," date of first publication May 1, 2006, Registration No.
PA 1-635-929; "Look Ten Years Younger in 10 Days," date of first publication November 10,
2004,
Registration No. PA 1-635-930; "The Great Debate: Should You Replace Your
Hormones," date of first publication January 15, 2009, Registration No. PA 1-636-640. Copies
of the recordation certificates for the assignment documents for the Photographs and
representative samples of corresponding infringing uses are attached as Exhibit 10 and copies of
the registration certificates for the Episodes and representative samples of corresponding
infringing uses are attached as Exhibit 11.
Harpo has complied in all respects with the copyright laws of the United States, and all
other laws governing copyright, and the Photographs and Episodes are original works of
authorship.
34
Defendants have promoted the Infringing Products by, among other conduct,
reproducing, distributing, publicly displaying and creating derivative works of the Photos and the
Episodes on their websites, on UGC Video Sites and on third-party websites where Defendants'
Unlawful Marketing appears, for example in banner ads.
A non-exhaustive list of websites on which Defendants have copied, distributed, publicly
displayed and created derivative works of the Resveratrol Clip, is attached as Exhibit 12.
Defendants Fraudulent Schemes Directed to the Public
Defendants' conduct does not stop at deceptively luring customers by unlawfully using
Plaintiffs' intellectual property and other rights.
Upon information and belief, Defendants are engaging in fi-audulent credit card scams.
For example, consumers are promised a free trial, or told they will only incur certain limited
charges, but Defendants then charge additional amounts to consuiners, without their
authorization, after obtaining their credit card account information.
Defendants are also
engaging in "negative option marketing," whereby consumers are required to automatically opt
out of receiving unknown, recurring shipments and charges. When consumers attempt to reach
company representatives in order to cancel their "free" trials, or to reverse or stop charges that
the consumer did not agree to pay, they are Linable to do so, and/or Defendants continue to
charge additional amounts to the credit cards. In some cases, Defendants charge consumers and
never send them any Infringing Products.
Upon inforrnation and belief, Defendants are also engaging in affiliated marketing
programs, whereby they re-route visitors to various websites in order to increase the amount of
"click through" revenues they can receive.
35
119.
Upon information and belief, Defendants deliberately make themselves difficult to detect
by failing to properly disclose their contact information, by obscuring their proper names and by
changing their names, and by acting in concert in some other manner and/or as alter egos of each
other which make them difficult to distinguish.
Injuries Due to Defendants' Unlawful Conduct
Defendants' Unlawful Marketing falsely suggests that Dr. Oz and/or Ms. Winfrey
endorsed, sponsored and/or were otherwise affiliated or associated with the Infringing Products.
Dr. Oz and Ms. Winfrey have never endorsed, sponsored or otherwise been affiliated or
associated with the Infringing Products.
Defendants' actions are likely to cause, and have caused, confusion and misled the
public, which has been and is being led to believe that Dr. Oz and Ms. Winfrey endorse, sponsor
an.d/or are otherwise affiliated or associated with the Infringing Products, when, in fact, they are
not.
In fact, Plaintiffs have received thousands of complaints from consumers, including
consumers in New York and Illinois, reflecting their actual confusion and damage to Plaintiffs'
reputation due to Defendants' conduct. Other organizations, such as the Better Business Bureau
and www.complaintsboard.com, have also received thousands of similar complaints. For
example, a recent article on Forbes.com, "A Headache for Dr. Oz" by Dirk Smillie, dated June
16, 2009, describes Defendants', including FWM's, deceptive conduct, details consumer
complaints, and discusses the injury to Dr. Oz as a result. A copy of the article is attached as
Exhibit 13.
Defendants' conduct is especially damaging to Dr. Oz's professional reputation as a
doctor.
In fact, Dr. Oz's employer, Columbia University, received a complaint based on
36
websites that falsely claim that Dr. Oz has conducted studies on the Infringing Products and
endorsed particular brands.
The harm to consumers is both significant and widespread. Thousands of consumers
have made complaints of Defendants' unlawful credit card charges and the effects they have had
on the consumers' financial health and credit scores, in addition to other injuries. These
comptaints bave been made, inter alia, directly to Plaintiffs, to consumer organizations such as
the Befter Business Bureau, www.complaintsboard.com and to law enforcement bodies.
Upon information and belief, Defendants' unauthorized health claims also pose
significant risk to public health and safety.
Upon learning about Defendants' wrongful actions, Plaintiffs have undertaken various
efforts to stop Defendants' conduct and to stem the harm to consumers, such as by sending cease
and desist letters, fielding phone calls from viewers and the public, issuing statements on the
Oprah.com website, working with Internet Service Providers and search engines, and
cooperating with various government authorities to remove infringing content. Plaintiffs have
borne, and continue to bear, significant costs and expenses in undertaking these efforts.
Despite these efforts, Defendants continue to violate Plaintiffs' rights and defraud the
consuming public. Upon information and belief, in many instances, upon receiving notice from
Plaintiffs of their unlawful conduct, or in response to Plaintiffs' efforts to have infringing
materials removed or domain names transferred, many of the Defendants have merely changed
the domain names at which the websites reside to avoid detection.
For example, shortly after Plaintiffs sent a Digital Millennium Copyright Act Notice to
Google to request that the infringing materials on www.droz-resveratrol-trial.com and www.droz-resveratrol-trials.com be removed, upon information and belief, Defendants registered a new
37
domain name tl-u-ough a proxy and posted the identical website at the domain name ww-w.dr-oz-
suggests.com:
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Defendants' conduct of changing the domain names at which the websites reside to avoid
detection continues to this day. For example, although the web site shown above is no longer
accessible, a similar web site can be accessed at www.dr-oz-resv.net. A screenshot from
www.dr-oz-resv.net, captured on August 17, 2009, follows below:
38
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411
Resci
COUNT I
(Violation of Right of Publicity and Right of Privacy, N.Y.C.R.L §§ 50-51)
(By Plaintiff Dr. Oz)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants used Dr. Oz's name, image, voice and/or persona in connection with
advertising the Infringing Products throughout the United States, including both within and
outside of the State of New York.
Dr. Oz did not consent, in writing or otherwise, to Defendants' use of his name, image,
voice and/or persona in connection with the Infringing Products.
39
As a result, Defendants have violated Dr. Oz's right of publicity and right of privacy
under Section 51 of the Civil Rights Law of the State of New York (the "CRL") and related
statutes in other states and ten-itories.
Defendants knowingly used Dr. Oz's name, image, voice and/or persona for advertising
purposes without obtaining his written consent.
As a direct and proximate result of Defendants' actions, Plaintiff Dr. Oz has been
damaged in an amount to be determined at trial.
By reason of the foregoing, plaintiff Dr. Oz is entitled to punitive or exemplary damages
in an amount to be determined at trial, as well as disgorgement of Defendants' profits, receipt of
plaintiffs costs, including reasonable attorneys' fees, and all other available relief under the
CRL and related statutes.
COUNT II
(Violation of Right of Pub/ieity, 765 ILCS 1075/1 et seq.)
(By Plaintiff OW)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants used Ms. Winfrey's identity, including her name, image, voice and/or
persona in connection with advertising the Infringing Products throughout the United States,
including both within and outside of the States of New York and Illinois.
OW and/or Ms. Winfrey did not consent, in writing or otherwise, to Defendants' use of
her identity in connection with the Infringing Products.
As a result. Defendants have violated OW's rights in Ms. Winfrey's right of publicity
under the Illinois Right of Publicity Act and related statutes in other states and territories.
40
/41.
Defendants knowingly and willfully used Ms. Winfrey's name, image, voice and/or
persona for advertising purposes without obtaining her written consent.
As a direct and proximate result of Defendants' actions, Plaintiff OW has been actually
damaged in an amount to be determined at trial.
By reason of the foregoing, Plaintiff OW is entitled to punitive or exemplary damages in
3.n amount to be determined at trial, as well as disgorgement of Defendant' profits, plaintiff's
costs, including reasonable attorneys' fees, and all other available relief under the Illinois Right
of Publicity Act and related statutes.
Plaintiff OW is also entitled to injunctive relief under the Illinois Right of Publicity Act
and related statutes.
COUNT 1II
(Direct, Contributory and/or Vicarious Trademark Infringement
under Section 32(1) of the Lanham Act)
(By Plaintiff Harpo)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Upon information and belief, Defendants have either used the OPRAH marks directly on
their websites without Harpo's consent, and/or with knowledge of the infringement, intentionally
induced others to infringe the marks, continued to supply Infringing Products to others with
knowledge or reason to know that they are engaging in trademark infringement, have profited
fiorn the infringement, are able to exercise direct control over the affiliates' infringement, had
the ability to stop their affiliates' infringement, monitor their affiliates' actions that lead to sales
of the Infringing Products, could take simple measures to prevent their affiliates' infringement
and yet fail to do so, and there is an apparent or actual partnership between Defendants and the
41
direct infringers, giving each the authority to bind the other or exercise joint control over the
products at issue.
Defendants' use of the OPRAH marks is likely to confuse or deceive the public in the
United States into believing that the unauthorized activities of Defendants originate from, are
associated with or are licensed, sponsored or authorized, or otherwise approved by Harpo, all to
the damage and detriment of the reputation and good will in the OPRAH marks.
Defendants' use constitutes direct, contributory and/or vicarious trademark infringement
under section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).
Defendants' acts were done intentionally and with knowledge of Harpo's rights, and thus
constitute deliberate and willful infringement. This is an exceptional case that warrants the
award of attorneys' fees.
As a consequence of Defendants' willful misconduct, Harp° is entitled to injunctive relief
as set forth below, and to an award against Defendants in the amount of three times Harpo's
damages (which include damage to its marks and the reasonable value of a license), such sum
above Defendants' profits arising fiom the infringement as the court deems just, destruction of
all infringing materials, and Haipo's costs and attorneys' fees incurred in connection with this
action.
COUNT IV
(Trademark Dilution by Blurring and Tarnishment under
Section 43(c) of the Lanham Act)
(By Plaintiff Harpo)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
42
The OPRAH marks are distinoive and are famous as they are widely recognized by the
general consuming public of the United States as a designation of the source of the goods and
services of Plaintiffs Ms. Winfrey and Harpo.
Defendants began making use of the OPRAH Marks long after they became famous.
Defendants' use of the OPRAH Marks impairs the distinctiveness (blurs) and harms the
reputation of (tarnishes) the OPRAH Marks.
Defendants willfully intended to trade on the reputation of and dilute the distinctiveness
of the famous OPRAH Marks. This is an exceptional case that warrants the award of attorneys'
fees.
Defendants' use of the OPRAH Marks without Harpo's consent, as described above,
and/or causing, inducing or materially contributing to such use constitutes trademark dilution
under section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
Plaintiff Harpo
is
accordingly entitled to injunctive relief and an award against
defendants in the amount of three times its damages (which include damage to its marks), such
sum above Defendants' profits arising from the infringement as the court deems just, destruction
of all infringing materials, together with Harpo's costs and attorneys' fees incurred in connection
with this action.
COUNT V
(Direct, Contributory and/or Vicarious Trademark Infringement
under Section 43(a) of the Lanham Act)
(By Plaintiff Zo Co)
158
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
43
Upon information and belief, Defendants have either used the DR. OZ mark directly on
their websites without Zo Co's consent and/or with knowledge of the infringement, intentionally
induced others to infringe the tnarks, continued to supply Infringing Products to others with
knowledge or reason to know that they are engaging in trademark infringement, have profited
from the infringement, are able to exercise direct control over the affiliates' infringeinent, had
the ability to stop their affiliates' infringement, monitor their affiliates' actions that lead to sales
of the Infringing Products, could take simple measures to prevent their affiliates' infringement
and yet fail to do so, and there is an apparent or actual partnership between Defendants and the
direct infringers, giving each the authority to bind the other or exercise joint control over the
products at issue.
Defendants' conduct constitutes direct, contributory and/or vicarious trademark
infringement under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
Defendants' acts were done intentionally and with knowledge of Plaintiff Zo Co's rights,
and thus constitute deliberate and willful infringement. This is an exceptional case that warrants
the award of attorneys' fees.
As a result of Defendants' deliberate and willful infringement, Plaintiff Zo Co has
suffered irreparable harm. Plaintiff Zo Co has no adequate remedy at law and, if Defendants'
activities are not enjoined, Plaintiff Zo Co will continue to suffer irreparable harm and injury to
its reputation and good will. In addition, as a result of this trademark infringement, Plaintiff Zo
Co has sustained and is continuing to sustain damages in an amount to be determined at trial,
plus interest, costs and attorneys' fees.
44
COUNT VI
(False Designation of Origin, False Endorsement and Sponsorship and Unfair Competition
under Section 43(a) of the Lanham Act)
(By Plaintiffs ZO Co and Harpa)
163,
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants' use of Plaintiffs' names, marks, and identities, without their consent, as
described above, and/or causing, inducing or materially contributing to such use, constitutes false
designation of origin, and unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. §
1125(a)(1)(A).
By disseminating the Defendants' Unlawful Marketing without authorization, Defendants
have falsely represented to the public that Plaintiffs endorse, sponsor and/or are otherwise
affiliated or associated with Defendants' goods, services or other commercial activities, when in
fact that is not the case.
Defendants' acts were designed to entice consumers to purchase the Infringing Products,
and their materially false representations were likely to deceive or confuse, and have deceived or
confused, the public into believing that Plaintiffs endorse, sponsor and/or are otherwise affiliated
or associated with Defendants, when in fact that is not the case.
Defendants availed themselves o f the advantages of Plaintiffs' extensive efforts, goodwill
and fine reputation willfully and deliberately, with knowledge of Plaintiffs' rights, and with the
intent to unfairly commercially benefit Defendants' at Plaintiffs' expense. This is an exceptional
case that warrants the award of attorneys' fees.
Plaintiffs have been damaged by Defendants' unauthorized use of their names, marks and
identities.
45
Upon information and belief, Defendants have derived substantial revenue and profits as
a result of their conduct, at Plaintiffs' expense.
As a consequence of Defendants' willful misconduct, Plaintiffs are entitled to injunctive
relief and to an award against defendants in the amount of three times Plaintiffs' damages, such
amount to be determined at trial, destruction of all infringing materials, and plaintiffs' costs and
attorneys' fees incurred in connection wfth this action.
COUNT VII
(Cybersquatting under the Anticybersquatting Consumer Protection Act,
15 U.S.C. § 1125(d)(I)(A))
(By Plaintiffs Zo Co and Harpo)
171
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants' registration of domain names using Zo Co's and Harpo's marks, including
those in Exhibits 3 and 4, constitutes cybersquatting in violation of Section 1125 of the
Anticybersquatting Consumer Protection Act, 15 U.C.S. § 1125(d)(1)(A).
The DR. OZ rnark and OPRAH marks are inherently distinctive.
The domain names registered by Defendants are identical and/or confusingly similar to
the DR. OZ and OPRAH marks.
Upon information and belief, Defendants registered the above-described domain names
in bad faith with an intent to profit. Defendants' bad-faith in registering the infringing domain
names is evidenced by, among other things, Defendants' registration of multiple domain names
which Defendants know are identical or confusingly similar to Plaintiffs' marks.
Upon
information and beliet Defendants were fully aware of Plaintiffs' strong marks in DR. OZ and
OPRAH before they registered the domain names at issue.
46
Furthermore, for the following reasons, Defendants' actions have been taken in bad faith
with an intent to profit: (a) Defendants do not have any trademark or intellectual property rights
in the domain names; (b) the domain names do not contain the legal name of Defendants or a
name commonly used to identify Defendants; (c) Defendants did not make noncommercial or
fair use of the DR. OZ or OPRAH marks in a site accessible under the domain name; and (d)
Defendants intended to divert consumers to websites that could harm the goodwill represented
by the DR. OZ and OPRAH marks for commercial gain, by creating a likelihood of confusion as
to the source, sponsorship, affiliation, or endorsement of their websites.
As a result of Defendants' actions, Plaintiffs have suffered irreparable harm. Plaintiffs
have no adequate remedy at law and, if Defendants' activities are not enjoined, will continue to
suffer irreparable harm and injury to their goodwill and reputations.
As a consequence of Defendants' willful rnisc,onduct, Plaintiffs are entitled to injunctive
relief prohibiting Defendants fi-om using or registering as a domain name Plaintiffs' names and
trademarks, alone or in combination with other words, and ordering Defendants to transfer any
such domain names to Plaintiffs, and to an award against Defendants in the amount of three
times plaintiffs' damages, such sum above Defendants' profits arising from the infringernent as
the court deems just, destruction of all infringing materials, and plaintiffs' costs and attorneys'
fees incurred in connection with this action. In the alternative, Plaintiffs are entitled to an award
of statutory damages in the amount of up to $100,000 per domain name, or as the court considers
just but no less than $1,000 per domain name, plus costs and attorney's fees.
47
COUNT VIII
(Direct, Contributory and/or Vicarious Copyright Infringement Under The Copyright Act)
(By Plaintiff Harpo)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Harpo owns valid copyrights in the registered Resveratrol Clip and all of the infringed
TOWS episodes and images of Oprah, including the works identified in Exhibits 10 and 11,
which are original works of authorship.
Defendants had access to Harpo's copyrighted works, and intentionally copied and
distributed them, or portions or still images from thetn, without Harpo's consent, and/or had
knowledge of infringing activity and induced, caused, or materially contributed to it, and/or
induced the infringement, and/or had the right and ability to supervise the infringing activity and
had a direct financial interest in the activity.
Defendants' use constitutes direct copyright infringement and/or contributory and/or
vicarious infringement under the Copyright Act.
Defendants' acts were done intentionally and with knowledge of Harpo's rights, and thus
constitute deliberate and willful infringement.
As a conseciuence of Defendants' willful misconduct, plaintiff Hamo is entitled to
injunctive relief as set forth below; to an award against Defendants in the amount of (i) Harpo's
damages and Defendants' profits arising from the infringement, or in the alternative, (ii)
statutory damages in the amount of up to $150,000 per work infringed; destniction of all
infringing materials; and plaintiffs' costs and attorneys' fees incurred in connection with this
action.
48
COUNT IX
(Common Law Unfair Competition / Unjust Enrichment)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants' use of Plaintiffs' Property without Plaintiffs' consent, as described above,
and/or causing, inducing or materially contributing to such use constitutes unfair competition
under New York and Illinois common law.
As a direct and proximate result ofthe foregoing, Defendants have been unjustly enriched
at the expense of Plaintiffs.
Defendants' acts were done intentionally and with knowledge of Plaintiffs' rights, and
therefore in bad faith.
As a result of Defendants' deliberate and willful conduct, Plaintiffs have suffered
irreparable harm. Plaintiffs have no adequate remedy at law and, if Defendants' activities are n.ot
enjoined. Plaintiffs will continue to suffer irreparable harm and injury to their reputations and
good will. In addition, Plaintiffs have sustained and are continuing to sustain damages in an
amount to be determined at trial.
COUNT X
(Violation of Section 349 of New York General Business Law)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants' aforesaid acts constitute deceptive acts and practices in the conduct of
business in willful and knowing violation of New York General Business Law § 349.
49
Plaintiffs have no adequate remedies at law to compensate them for all the darnages that
have been caused by defendants' wrongful acts, and that will be caused if Defendants' wrongful
acts are not immediately enjoined.
Plaintiffs have suffered rnonetary damages as a result of Defendants' wrongful acts, in an
amount to be proved at trial,
COLTNT XI
(Violation of Section 350 of New York General Business Law)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
New York General Business Law § 350 prohibits "Malse advertising in the conduct of
any business, trade or commerce or in the furnishing of any service in this state ... ."
Defendants' statements, as set forth above, were consumer-oriented and made in the
conduct of business, trade or commerce in New York.
Defendants' statements were misleading in a material respect and were and/or are likely
to mis lead consumers.
Defendants' statements constitute false advertising in willful and knowing violation of
New York General Business Law § 350.
Defendants' statements caused harm to Plaintiffs and to the public at large.
Plaintiffs have no adequate remedy at law to compensate them for all the damages that
have been caused by Defendants' false advertising and that will be caused should those acts not
immediately cease.
Defendants have suffered money damages as a result of Defendants' false advertising, in
an amount not yet ascertainable but which will be determined at trial.
50
COUNT XII
(Violation of Illinois Uniform Deceptive Trade Practices Act)
(By Plaintiffs OW and Harpo)
Plaintiffs repeat and reallege the allegations stated in the preceding paragraphs of the
Complaint as if set forth fully herein.
Defendants' conduct as described above constitutes deceptive trade practices in violation
of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510 et seq.
As a result of Defendants' unlawful acts, Plaintiffs have suffered, and continue to suffer
irreparable harm and pecuniary damages in an amount yet to be determined.
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs request that the Court grant an order or orders:
Preliminarily and permanently enjoining Defendants, their officers,
directors, agents, servants, employees, successors and assigns, and all other persons acting on
their behalf or under their control in active concert and participation with any of them, from (a)
using Plaintiffs' Property to sell or market any product or service in any and all media and
forums, or using Plaintiffs' names and trademarks, alone or in combination, in any domain name;
and (b) doing any other act likely to cause the public to believe that Defendants' business or
services, in any way, originate from, are associated or affiliated with or are sponsored by one or
all Plaintiffs; and
Directing Defendants to (a) withdraw all advertising and promotions in
any and all media that include the Plaintiffs' Property; (b) destroy all advertising, marketing
materials and other tangible items that incorporate Plaintiffs' Property and provide a certificate
of such destrudion; (c) transfer all domain names containing Plaintiffs' names or marks to
Plaintiffs; and (d) issue a press release and run prominent corrective advertising alerting the
51
public and consumers to the fact that Plaintiffs are not, and never have been, associated with
Defendants.
Awarding damages in an amount to be proven at trial, caused by
Defendants' copyright and trademark infringement and/or contributory infringement, dilution,
unfair competition, and invasion of right of privacy and publicity, and other misconduct as
specified herein. In the alternative, awarding statutory damages in the amount of up to $150,000
per work infringed under the Copyright Act and up to $100,000 per domain name under the
Anti-Cybersquatting Consumer Protection Act.
Ordering that Defendants make restitution to Plaintiffs for any unjust
enrichment caused by virtue of their unlawful conduct.
Awarding Defendants' profits arising out of Defendants' willful copyright
and trademark infringement and contributory infringement, false representations, use of false
designations of origin, dilution, invasion °fright of privacy and right of publicity.
Awarding treble damages to be assessed against Defendants and such
amount above profits as the court finds just under the Lanham Act, 15 U.S.C. § 1117, exemplary
damages under New York Civil Rights Law § 51, and punitive damages under the Illinois Right
of Publicity Act.
Awarding plaintiffs interest and costs of this action together with statutory
attorneys' fees under the Illinois Right of Publicity Act, 765 ILCS § 1075/55, New York Civil
Rights Law § 50-c, the Lanham Act, 15 U.S.C. § 1117, the Copyright Aet, 17 U.S.C. § 505, the
Illinois Uniform Deceptive Trade Practices Act, 815 ILCS § 510/3, and New York General
Business Law § 349(h).
52
H.
Dated:
Granting such other and further relief as this Court may deem just and proper.
New York, New York
August 18, 2009
DAVIS & GI BERT LLP
By:
arc Rachm (mrachtnan@dglaw.com
Shirin Keen (skeen@dglaw.com)
Sean Cameron (scameron@dglaw.com)
1740 Broadway
New York, New York 10019
(212) 468-4853
Attorneys for Plaintiffs
53
Rank
Supplier
.,...
1
FWM
Laboratories
INC.
4961 Leeward Lane
Fort Lauderdale, FL
33312
Alt. Address
3007 Greene Street
Hollywood Florida
33019
Products
Affiliate Websites (offering products)
Maximum ResV
www.Doctorozresv.com
ACAI X3
www.drozrecommended.org
Acai Berry Detox
Resveratrol
Ultra
RezMelts
Colon Max
www.drozrecommended.com
httris://www.securecartcenter.com/IsliA5N3wyM1YzfD140
TgzM3x2Mg==h3dsm4b9fg
Resvie
http:Haol.doctorozresv.com
www.Doctorozresv.com
www.news3news.com
www.healthnews7.com
www.The-resv-warning.com
htto://www.acaielite.com
www.Dr-oz-coloncleanse.com
http.//webmdacaireview.com
www.theacaistu4y.com
httpl/drozacaidiet.com
Alt. Address
2040 NE 163 St.,
#305 North Miami
Beach, FL 33162
www.resveratrolpanol.com
www.acai owerfruit.com
www.acaiberryfiber.com
www.Acaiberrybox.com
www.Acai-secrets-unmasked.com
www.oprahsdietworks.com
www.oprahsecretrevealed.com
wwws2rahsexclusivediet.com
www.oprahsoecialdiet.corn
www.oprahsspecialdiet.com
www.oPrandietsecret.com
www.ograndietsgcrets.com
www.oprahsnewdiet.corn
www.oprahsmiraciediet.com
WWW.OP ra hsfavoritediet.com
www.oprandietrevealed.com
www.oprahsacaidiet.com
www.oprahssecretdiet.com
www.oprandiettrial.com
WWW.OP ra hsuperdiet.com
www.oprahseasydiet.com
WWW.Og rahsbestdiet.com
www.oprahfreediet.com
www.oprahsecretdiet.com
www.acaiberryrating.com
http://dr-oz-acai-berry-alert.com
www.Acai-berry-diet.us
www.Acaiburn.orP.
www.2009drozdiet.com
www.kelivglietdiary.com
www.acaiberrydetox.com
www.Acaiberrystudy.net
www.fruitweightloss.com
www.acaiburnacaiburn.net
Confidential
FWM
La boratories
INC. (cont.)
e
a
ed
_g
r
www.Marforiesweivhtloss.com
p7/
rV
TA
www.Acai-advance.net
www.Acaiberrvstorv.org
www.Acalexposed.net
www.Celebritvdietoftheyear.com
wwwJessicascellulitestory.com
www.Ozresvtrial.com
www.Ozresvtrial.com
httriildr.ozreviewsite.com
www.drozadvice.com
www.Droz-resveratrol-alert.net
www.Doctorozresv.com
www.dr-oz-suggests.conwww.Dr-oz-resveratrol-alerts.com
http://oz-resAieratrol-alert.corn
www.dr.ozreviewsite.com
www.ozresvtrial.com
www.drozrecommended.org
www.drozrecommended.com
www.resveratroireviewboards.com
www.allresveratrol.com
www.cvnthiasdiet.com
www.resveratrolultra.com
www.Whatisresveratrol.com
www.agingeffectsreversed.com
www.resveratrolwinepills.corn
www.drozstretchmarksoluticins.com
www.amvscellulite.com
www.resveratroloapel.com
www.Drozantiaging.com
www.Dr-oz-resveratrolalert.com
http://aol.doctorozresv.com
www.Allresveratrol.com
www.Doctorozresv.com
www.Official-resveratrol.com
www.Resveratrolwarnings.info
www.Oprah-show-on-resveratrol.com
www.allresveratrol.com
www.resveratrol-reviewed.com
www.resveratrolreviews.org
www.freetrial-resveratrol.com
http://www.resveratrol-studv.com
www.re_sveratroltrial.net
www.resveratrol-truth.com
www.resv-anti-aging.com
http://dr.oz.resveratrol-truth.net
Confidential
FWM
La boratories
INC. (cont.)
httn://www.ton3-resv.comiresveraArol.php
www.resveratrolcenter.com
www.resverdrQJfact.com
httP://www.resveratro124.com
http://www.rosveratrolton3.com
http://hubjagtupl
www.healthnews7.com
www.Dietproductsguide.com
www.Ourresveratrolreviews.com
www.Theresveratroireviews.com
ww.The-resv-warnin .com
www.Debrasdietco_m
www.Free-resveratrol-trials.com
www.Resveratrolcomparetoday.com
www.Rezv.org
www.Rezveratrolreviews.com
www.Top3resveratrolreviewers.com
www.The resv warnin:.com
www.FLee-resveratrol-trials.com
www.Rezveratrolreviews.com
www.healthvandenerrw.com/resveratrol
www.Resveratrol-advice.com
www.Rezv-free.com
www.Reseveratrol.org
www.Topresv.com
Confidential
t.ca
Rank
Supplier
Products
Affiliate Websites (offering products)
Netalab Inc.
Pure ResV Pro
REGISTERED AGENT:
RezV Advance
www.resveratrolauthority.com
htto:Hdr.ozreviewsite.com
www.drozadvice.com
www.resveratrolreviews.org
www.Dr-ozresveratrol.com
www.ozresvtrial.com
www.resveratrolreviewboards.com
tittP://www.beachiavanow.com/
Craig Stein Clyne &
Associates, P.A.
814 Ponce De Leon
Boulevard, #210
Coral Gables, Florida
33134
South Beach Java
Acai Energy
Alt. Address
940 Lincoln Road,
Suite 215
Miami Beach, FL
33139
Alt. Address
500 South Pointe
Drive
Suite 230
Miami Beach, FL
33139
Confidential
MilSupplier
3
Gillmap
Limited
a/k/a
Natures
Perfection
600 Army Post road
Distribution
Des Moines, Iowa
50321
Alt. Address
4977 Fairview
Avenue Boise, ID
83706
Products
Affiliate Websites (offering products)
ACAI BURN
www.acaiberrybase.com
www.Acaiberryweightlossreports.com
www.Drozdietworks.com
www.Theacaiberryreports.net
www.Acaiburn.org
www.drozacai.com
www.acai-berry-diet-review.info
www.detoxacaiburn.com
www.Dr-oz-resveratrol-alert.com
www.Oprah-acai-berrv.com
www.acaiburn.com
www.drozacaiberryreview.com
www.oprahsdietbIgg.com
wwwlyndasdietsuccess.com
www.Acaiberrybox.com
www.Acai-secrets-unmasked.com
www.The-acaiberry-diet.com
www.Acaiberrystory.org
Pure ResV
Colon Revitalize
www.Acaiberag,
www.Acaielite.net
www.acai-berrywarning.com
www.dr-oz-resv.net
www.dr-oz-resveratrol-alert.net
www.drozsumrdiet.com
www.Resveratrol-digest.com
www.Dr-oz-resveratrol-alert.com
www.resveratrol-information.net
www.resveratrolauthoritv.com
www.doctorozdiet.net
www.freetrialrezy.com
http://www.resveratro124.com
www.oprahsdietplan.com
www.colonrevitalize.com
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
4
MiniRED
UAB
Acai Ultimate
Power Colon
www.Acaiberryweightlossreports.com
www.acaiberry.weightlossformulas.org
Cleanse
Vital RezV
Sunroad
Corporate Center
4445 Eastgate
Mall, 2nd Floor
San Diego, CA
92121
www.Acaiberryguides.info
www.freetrial-acai-ultimate.com
www.oprahsacaiberrydiet.com
www.freepowercleanse.com
www.oprahhealthoffers.com
www.powercolorcleansetrial.com
www.topnewreviews.com/acai-s
www.powercolorcleansetrial.com
www.Gabbysweightloss.com
www.Ozresvtrial.com
www.Oprahresveratrol.blogspot.com
www.dr.ozreviewsite.com
www.drozanti-aging.com
www.Resvreviewer.com
www.Resveratro160.com
www.Resveratrol-digest.com
www.Recommendsit.com
www.Rapidantiaging,com
www.Resvreviewed.com
www.trustedrezv.corn
www.resveratrol-information.net
www.resvuide.com
www.vitalresveratro1100mg-forfree.com
www.resveratro1100mg-free.com
www.resveratrolwarning.com
www.Free-body:makeover.com
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
5
Nutra Lane
Acai Berry Elite
Res Ver XP
http://gns-online.corn/acailae25/index.asp
www.Wendylostweight.com
www.Acai-elite-berry.com
ResV
www.acaiberry-oprah.com
LLC
a/k/a
GNS Global
LLC
REGISTERED AGENT:
Nevada Corporate
Division, Inc.
3027 E Sunset Road,
Suite 201
Las Vegas, Nevada
89120
Alt. Address
871 Coronado Center
Dr. #500
Henderson, NV 89052
Alt. Address
ACAI EDGE
www.acal-berry-tests.com
www.drozacai.com
www.acai-be-digt-review info
www.resveratrolpanel.com
www.top3-resv.com
http://dr.ozreviewsite.com
www.drozadvice.com
www.droz-resv-free.com
httr://oz-resveratrol-alert.com
www.healthvandenergy.com/resveratrol
www.drozadvice.com
www.red-v.com
www.allresveratrol.com
www.resveratrolreviews.org
www.Freetrialresveratrol.com
www.resveratrol-rx.net
www.Wrinklesuccess.com
www.Jackysdietblog.com
6452 FIG STREET
SUITE A
Arvada, CO 80007
Confidential
Rank
Supplier
Products
Affiliate VVebsites (offering products)
6
Central Coast
Nutraceuticals Inc.
a/k/a
Acai Pure
Acai Power Blast
Acai Blast
www.acaiberry-oprah.com
www.acpipure-trialoffer.com
http://free-bo,dy-makeover.com/weight-loss
www.acaiberriesdiet.com
www.fruitsweishtloss.com
www.Drozdiet-acaiberry.com
www.Acai-Pure.com
www.oprahsdietblog.com
www.momsdietswork.com
www.acaip ure-trialoffjr.com
www.Acai-advance.net
www.Acaiberriesdiet.com
www.Acaiberrvweightlossreports.com
www.Theacaibervreports.net
www.Acai-power-blast.com
www.Acaiberrystorv.org
www.oprahsacaiberryclietcom
www.acaiberryfiber.com
www.Acaiberrybox.com
www.Tinalostweight.com
CCN Inc.
2375 East Camelback
Rd 5th Floor,
Phoenix, AZ 85001
Confidential
'
Supplier
Products
Affiliate Websites (offering products)
7
Pure Nutrients
Natural Cleanse
www.oprahsdietplan.com
www.oprahshowdiet.com
www.oprahsexclusivediet.com
www.oprahspecialdiet.com
www.oprahsnewdiet.com
www.oprahsmiraclediet.com
yvww.oprandiettrial.com
www.oprahsuperdiet.com
www.gprahseasydiet.com
www.oprahsbestdiet.com
www.oprahfreediet.com
www.oprahsecretdiet.com
www.dr-oz-acai-berry-alert,com
http://wwwcoloncleansereviews.com
http://dr-oz-acai-berry-alert.com
www.drozdietrevealed.com
www.drozeasydiet.com
www.2009drozdiet.com
www.Acaiberryguides.info
www.thenaturesecret.net
www.officialcleansereview.com
www.Topcolondiets.com
www.Celebritydietoftheyear.com
273 Walt Whitman RD
Suite 274,
Huntington Station,
NY 11746.
Rank
Supplier
Products
Affiliate Websites (offering products)
8
B67 Nutra Pure
Systems
a/k/a
ResV Pure
www.0z-loves-resveratrol.com
www.OzResveratrolTrials.com
http://drosresveratrol.com
www.Theozresveratrol.com
www.resveratrol-advisor.com/dr-oz
www.the-resveratrol-reviews.com
www.drozadvice.com
www.Resveratrol-advice.com
www.Rezy.org
www.resvpure.com,
www.resveratroltrial.net
www.resvguide.com
www.news3news.com
www.healthnews7.corp
www.Ourresveratrolreviews.com
www.Reseveratrol.org
www.Theresveratrolreviews.com
www.Topresv.com
96R Pure Nature
Products
a/k/a
P67 Wie Natural
Products LLC
REGISTERED AGENT:
Registered Agent
Solutions, Inc.
32 W. Loockermann
Street, Suite 201
Dover, Delaware
19904
www.Rezv.org
www.Top3resveratrolreviewers.com
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
9
SFL Nutrition,
Acai Berry Supreme
www.Drozdietsavedmylife.com
www.Acaiberriesdiet.com
www.helenshealthblog.corn
www.acaiberrysupreme.com
www.acaiberryreports.com
www.Acaiberryweightlossreviews.com
www.acaiberr -results.com
www.Acai-free.info
www.Acai-free.info
www.sfInutrition.com
www.total-cleanse.com
www.oprahsfavorite.com
http //acaiedgescam.com
www.Coloncleansereport.net
www.Topcolondiets.com
www.drozmiraclediet.com
www.Acaiberriesdiet.com
LLC
Total Cleanse
Colon xR
/ Colon rx
REGISTERED AGENT:
Mark B. Goldstein,
P.A.
2700 N. Military
Trail, Suite 130
Boca Raton, Florida
33431
Alt. Address
123 NW 13th Street,
Suite 212
Boca Raton, FL
33432
Rank
Supplier
Products
Affiliate Websites (offering products)
10
Acai Berry
Acai Berry Breeze
UltraSlim XS
www.Drozdiet-acaiberrv.com
Breeze
3370 N. Hayden Rd.
Ste. 123-180
Scottsdale, AZ
85251
www.katiesweightlossdiarv.com
www.weight-loss-warning.com
www.acaiberry-weightlossreviews.com
www.di-oz7acai-berrv-alertgom
www.dr-oz-acai-ratings.com
httpl/www.acai-berry-tests.com
www.acaiberrybreeze.com
http://acaibernestrial.com
httP://webmdacaireview.com/a1/index.php?t202id=8279
&t202kw=acai
www.acaiberrydetox.com
www.bestacaireviewed.com
www.bestcelebdiet.com
www.acaistudy.com
www.acaiberryrating.com
www.Theacai-diet.com
www.Acaihollywood.com
Confidential
11.5upplier
11 Life Fit Labs
LLC
1101 High View Drive
Webberville, MI
48892
Products
Affiliate Websites (offering products)
Colon Cleanse
www.Drozadvice.com
Colon cleanse Pro
www.oprahsacaiberrydiet.com
Probiotic Complete
Goji Trim Pro
www.freepowercleanse.com
www.drozdietmiracle.com
www.drozdietsecrets.com
www.oprahs-best-colon.com
www.ultimatecoloncleanse.net
www.oprahhealthoffers.com
www.coloncleanse-elite.com
www.smiley-lcom/foryou/colon-cleanse
http://free-body-makeover.com/weight-loss
www.Colon-cleansePro.com
www.Ultimatecoloncleanse.com
www.Drozdietworks.com
www.00rahsdietadvice.com
www.fruitsweightloss.com
www.powercolorcleansetrial.com
www.Resvreviewed.com
www.Getcoloncleansepro.com
www.katiesweightlossdiary.com
www.topnewreviews.com/acai-s
www.powercolorcleansetrial.com
www.Lyndasdietsuccess.com
www.Acaiberrystudy.net
www.goforbeauty.com
www.dietways.com
www.Gabbysweightloss.com
www.Acaibernesdiet.com
www.Acaitesters.com
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
12
Rejuvenate
Certified Resveratrol
Worldwide
Colon Pro Cleanse
www.the-resveratrol-reviews.com
www.try-acai-berry-now.com
Miracle Resveratrol
httpliwww.resveratrol-study.com
www.resveratrolcenter.com
www.Jessicascellulitestory.com
www.Top3resveratroireviewers.com
www.coloncleanseguidetoday.com
www.Colonprocleanse.com
www.theresveratrol-reviews.com
www.Resveratrolwarnings.info
www.resveratrolsupplementreview.com
www.az2.mostresveratrol.com
3634 Long Prairie Rd.
Suite 108-113
Flower Mound, -75022
www.coloacleanseguiclgtockay.com
www.the-resveratrol-reviews.com
http :II az2.mostresverotrol.com
www.Resveratrolwarnings.info
www.resveratrolsupolementreview.com
Rank
Supplier
Products
Affiliate Websites (offering products)
13
Health Buy.com
Acai Berry Select
Resveratrol Select
www.oprahsfatlóss.com_
a/k/a
Heath Buy Ltd
350 N. Glenoaks
Boulevard Suite 305
Burbank, California
91502
www.Acai-free.info
www.Acai-free.info
www.Resvratings.com
www.Aboutresveratrol.com
www.Top3resveratrolreviewers.com
www.Resveratrolselect.com
Confidential
Rank
Supplier
14
3V
LLC
Products
Affiliate Websites (offering products)
Acai Advanced
Acai Advance
www.Free-bodv makeover.com
www.Acaiburn.org
www.tonnewreviews.com
www.Acaiberry-dietreviews.com
www.acai-berr -caution com
www.The-acaiberry-diet.com
www.Acai-advance.net
www.Acalexposed.net
www.acai-berry-tests.com
www.doctorozdiet.net
REGISTERED AGENT:
James F. Keenan
P.O. Box 9729
Portland, Maine 04104
Alt. Address
100 Middle Street, West
Tower
Portland, Maine 04101
httoliacaiberriestrial.com
Alt. Address
482 Congress Street
Portland, Maine 04101
Rank
Supplier
Products
Affiliate Websites (offering products)
15
Physical
Enhancement
Acai Berry Blast
Acai Blast
www.Ozdietnow.com
www.acaiblast4free.com
Labs
Alt. Address
6409 S. Western
Oklahoma City, OK
73139
www.Acaiberryblaqfree.com
www.Acaiberryguides.info
www.acaiberr .weightlossformulas ora
www.acairatings.com
_www.oprahsacaiberrvdiet.com
www.acaiberryfiber.com
www.Acaiberrybox.com
www.Tinalostweight.com
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
16
MyColonRelief
My Colon Relief
www.oprahsdietworks.com
www.orahsecretrevealed.com
www.00rahsspecialdiet.com
www.oprandietsecret.com
www.oprandietsecrets.com
www.oprahsfavoritediet.com
www.oprandietrevealed.com
www.oprahsacaidiet.com
www.00rahssecretdiet.com
Products
Affiliate Websites (offering products)
Acai Flush
ResV Ultra
htto://www.Ivrinsweightlossstory.com
www.dietways.com
www.acaiberryfiber.com
1210 S. Brand Blvd.
Glendale CA 91204
Rank
Supplier
17 XM Labs
a/k/a
RX Labs
REGISTERED AGENT:
XM Brands Inc.
3609 North 29th
Avenue
Hollywood, Florida
33020
htt://www.Acai-flush.çgrn
htto://www.Drozadvice.com
www.Drozhealth.com
www.Theac err ?rer5orts.net
Confidential
_
Rank
Supplier
Products
Affiliate Websites (offering products)
18
Rauscher Bekke
Dermapril
Dermapril-SP
www.0z-loves-resveratrol.com
www.Theozresveratrol.com
ResV Life
www.dr.ozreviewsite.com
www.Antiagereoort.com
htto.Uaol.doctorozresv.com
www.Doctorozresv.com
www.wrinklestreatmentwarning.com
www.Wrinklesuccess.com
www.news13direct.com
www.Acaidietstudv.net
LLC
a/k/a
ResVLife, LLC
a/k/a
ResVLife, INC
REGISTERED AGENT:
Blumbergexcelsior
Corporate Services,
Inc.
515 East Park Avenue
Tallahassee, Florida
32301
Alt. Address
or 407 Lincoln Road,
Suite 11C
Miami Beach, Florida
33137
Alt. Address
12399 Belcher Road
South
Largo, Florida 33773
Alt. Address
1500 Ocean Drive
Miami Beach, Florida
33139
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
19
Body Solution
Body Solution
Striation
www.cynthiasdiet.com
www.celluliteallgon e.com
www.try-acai-berry-now.com
www.forgetcellulite.com
www.cellulitetreatmentwarnin,g.com
https://ca rt.voicegenx.com/0664/novacart.pl?c
ommand=clear set&sku=HDMS3P15X&Qty=1&
merchant id=186&storefront=bodysolution&pa
vment method ref=108&view=step1&leadid=j
armedia BS&subid=43443&hid
www.resveratrol-reviewed.com
20828 Lassen St
Chatsworth, CA
91311
Rank
Supplier
Products
Affiliate Websites (offering products)
20
456 Vital Health
ResV Pro
http://dr.ozreviewsite.com
www.drozadvice.com
www.resveratrol-reviewed.com
www.resveratrolreviews.org,
www.review-skin-care.com
wwwseview-skin-care.com
www.resveratrolcenter.com
Systems , LLC
a/k/a
FCM Performance
Health USA
a/k/a
AEG Partners LTD.
1_=p_firesvpro:com
654 North 800 East,
#501
Spanish Fork, Utah
84660
Alt. Address
78 West 560 South
Orem, UT 84058
Confidential
Rank
Supplier
21 JDW Media
LLC
Products
Affiliate Websites (offering products)
Pure Cleanse
www.oprahsdietplan.com
www.doctorozdieta.com
www.dr-oz-colon-cleanse.net
www.dr-oz-colon-cleanse.net
www.colongleansereviews.com
www.Healthy-diet-program.com
www.drozdietmiracle.com
www.Ozdietnow.com
Acai Ultra Burn
REGISTERED AGENT:
Rob Harris
1000 Riverwalk Drive
Idaho Falls, Idaho
83402
Alt. Address
2184 Channing Way,
#322
Idaho Falls, Idaho
83404
Rank
Supplier
Products
Affiliate Websites (offering products)
22
Pure Vitamins
Phosphacore
Eternal RezV
www.appliednutritionalresearch.com
www.Antiagereport,com
www.AcaidietstudY.net
www.everlastingrezv.com
273 Walt Whitman RD
Suite 274,
Huntington Station,
NY 11746.
Alt. Address
3280 Suntree Blvd
Suite 101
Melbourne, FL 32940
Rank
Supplier
23 XLENT Health
Products
Affiliate Websites (offering products)
Res-V
www.energai.com
Energai
3005 South Street
East Troy, WI 53120
Confidential
Rank
Supplier
24
Organica
Research LLC
Products
Affiliate Websites (offering products)
Ultimate Colon
www.ultimatecoloncleanse.net
Cleanse
www.smiley-l.com/forvou/colon-cleanse
www.Ultimatecoloncleanse.com
11701 East 53rd
Avenue
Denver, CO 80239
Rank
Supplier
Products
Affiliate Websites (offering products)
25
Incline
Health Ltd.
ResV Daily
Acai Fuel Extreme
www.RemorR
www.Juliaswrinkles.com
www.What-is-resveratrol.com
www.RemorR
Acai Fuel Cleanse
6841 Virginia
Parkway, Ste 103
#218
McKinney, TX
75071
www.Resydaily.com
Rank
Supplier
Products
Affiliate Websites (offering products)
26
Health
Technology
Acai Away
Youth ResV
www.acaiaway.com
www.Acaihollywood.com
www.drozacai.com
www.Acaitesters.com
www.drozstretchmarkcure.com
5300 Ontario Mills
Pkwy
Ontario, CA. 91764
Confidential
Rank
27
Supplier
Products
Affiliate Websites (offering products)
Natural Source
Cosmetyn
www.drozstretchmarkcure.com
www.cellulitetreatmentwarning.com
Store, LLC
Á.
httpilsecurethealthierwavtogq.comilandingsisbs/
REGISTERED AGENT:
cosmet n%5Fcell%5F01 ?caCode=ANTI ELL%5FCLI
Spiegel & Utrera, P.A.
1840 SW 22nd Street,
KB&p=0&caid=14917&cid1=0&cid2=1164&cid3=0&c
id4=False&sid=&stID=60&new=1&misc3=CD94212
www.celluliteassociation.com
4th Floor
Miami, Florida 33145
Alt. Address
4051 SW 47th
Avenue, Suite 101-102
Davie, Florida 33314
Alt. Address
6565 Taft Street, #204
Hollywood, Florida
33024
Rank
Supplier
28
0841092 B.C. Ltd Resvermax
180 w. Westfield Ave
Roselle Park, NJ
07204
Affiliate Websites (offering products)
Products
Premium Acai Berry
Slim Berry
Procolo
www.coloncleanseguidetoday.com
www.acai-berry-oz-review.com
www.acaiherbal.com
www.fastfatburningdiet.com/oprah2.php
www,acai-berrv-caution.çom
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
29
Bottom Two
Investments
Acai Resolution
Acai Nutraburst
www.acai-berrvwarninp,.com
RezEX
planet/acaiO4
Maqui
Nutraburst
Exilatrol
www.drozacaidiet.com
/aka
Nutra Foods
REGISTERED AGENT.
Business Filings
http://secureLhealthierwaytogo.comilandingsinew
www.Acaihealthdiet.com
www.Acai-secrets-unmasked.com
Incorporated
108 West 13th Street
Wilmington,
Delaware 19801
Alt. Address
110 West 9th Street,
#665
Wilmington,
Delaware, 19801
Rank
Supplier
Products
Affiliate 1A/ebsites (offering products)
30
Health RezV,
HealthRezV
www.dr-oz-resv.com
www.Drozresveratroltrial.com
www.trustedrezv.com
www.resveratrol-studv.com
LLC
a/k/a
HealthRezV
10134 6th St.
Suite M
Rancho Cucamonga,
CA. 91730
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
31
Healthy
Body Flush
www.topnewreviews.com/acai-s,
www.helenshealthblog.com
www.o a rahs-best-colon.com
www.Debrasdiet.com
Colon LLC
REGISTERED AGENT:
Xtrenne Business
Solutions, Inc.
3838 Raymert Drive,
Suite 3
Las Vegas, Nevada
89121
Rank
Supplier
Products
Affiliate Websites (offering products)
32
Red ux-V
Redux-V
www.redux-v.com
Holdings, Inc.
a/k/a
Redux
Holdings, Inc.
a/k/a
Naturade, Inc
REGISTERED AGENT:
Rick Robinette
17595 Edgewood
Lane
Yorba Linda,
California 92886
Alt. Address
2099 South State
College Boulevard,
Suite 210
Anaheim, California
92806
Alt. Address
1 City Boulevard
West, Suite 1440
Orange, California
92868
Confidential
-
33
Supplier
Products
Affiliate Websites (offering products)
EasyWhite,
Easy White
htto://drosresveratrol.conn/?t202kw=resveratrol&t202c=
32352398648,002t=c&t202p=hubpages.com
www.Theozresveratrol.com
www.resveratrol-advisor.com/dr-oz
www.drozadvice.com
www.resvguide.com
www.news3news.com
www.the-resveratrol-reviews.com
www resv ure com
www.resveratroltrial.net
Inc.
a/k/a
Easy White
Labs
REGISTERED AGENT:
Michael Singer
701 Northpoint
Parkway, Suite 330
West Palm Beach,
Florida 33407
Alt. Address
57115W 137
Avenue
Miami, Florida
33183
Alt. Address
6899 Winchester
Circle, Suite 103
Boulder, Colorado
80301
Confidential
Rank
Supplier
Products
Affiliate Websites (offering products)
Products
Affiliate Websites (offering products)
Monavie
www.Acai-berry.info
www.Try-acai-berry.com
www.Trv-monavie.com
www.acailite.com
www.TheAcai.com
34 Jet
Processing
Jet Processing
13799 Park Blvd N
Suite #330
Seminole FL 33776
1111111Supplier
35
Monavie AS,
LLC
a/k/a
Monavie
Holdings
International,
LLC
a/k/a
Monavie LLC
a/k/a
Monavie
REGISTERED AGENT:
Graden P. Jackson
Strong & Hanni
3 Triad Center, Suite
500
Salt Lake City, Utah
84180
Alt. Address
10757 South
Riverfront Parkway,
Suite 110
South Jordan, Utah
84095
Confidential
Rank
Supplier -1111.1
Product-SW Affiliate Websites (offering products)
36
Brazilian
Acai Energy
www.acai-berry-oz-review.com
www.acai-free.com
Affiliate Websites (offering products)
Basics
165 Pleasant Ave
S. Portland, ME
04106
Rank
Supplier
Products
37
L'AVENIR
Cellutone
I
wwvv.foro&L ellulite.com
www.cellulitetreatmentwarnim.F.córn
L'AVENIRTM Skin Care
1275 Bloomfield
Avenue, Bldg 9
Unit 85, Fairfield, NJ
07004
Confidential
Rank
Supplier
Products
38
Ultra Green
Goji Raw
Affiliate Websites (offering products)
Resveratrol Lifeline
Products, LLC
a/k/a/
Ultra Green
Products
REGISTERED AGENT:
Michael P. Bist
1300 Thomaswood Drive
Tallahassee, Florida
32308
Alt. Address
2820 Remington Green
Circle
Tallahassee, Florida
32308
Alt. Address
2160A Sunnydale
Boulevard
Clearwater, Florida
33765
Illrupplier
39
Products
Affiliate Websites (offering products)
Nature's
Perfection
4977 Fairview
Aven ueBoise, ID
83706
Confidential
Rank
Supplier
Products
40
Rez-Berries
Rez Activ
Affiliate Websites (offering products)
/aka RezActiv
/aka
Res Q
6899 Winchester
Circle
Suite 103
Boulder, Colorado
80301
Rank
Supplier
Products
41
Crush LLC
Acai berry 500
i
Affiliate Websites (offering products)
ry
REGISTERED AGENT:
BTJD Corporate
Services, LLC
3165 East Millrock
Drive, Suite 500
Salt Lake City, Utah
84121
Confidential
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MINIM
Page 3 of 3
EXHIBIT 5
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Following the Dr Oz and 60 Minutes specials, a number of companies have started selling inferior or even fake
Resveratrol Products. For this reason. we have nviewed all P.esveratrol be:ng sold on the market today We found that
s..me products have almost no effect at all while others work ed rapidly and effectively at reversing aging, reducir3g weight
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L Resveratrol Ultra
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the same Pesveratrol that featured on Dr Oz, Oprah and 60 Minutes The free
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well as increased energy levels. Every single reviewer had at least some we ght
IOSS, with one person losing alrnost four pounds the first wee'
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expectancy went up a monsterous 3590 How would you like to
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Effects. As menforted, I take lessentrol myself, and love the benefits it has to
offer. In our !Aprilments with animals, the hie estpectancy went up a monster°.
35%! liow would you hire to live to be 125? Resveratrol can also promote calorie
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rate interested, act test, there is a filleted supply
The ResV tool below will help you find the perfect bee tnal.
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After years ot testing, it has come to our attention that rnany of the anti cellulite
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As YOU have probabh, seen, Oorah tested many of these product,' on her
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Though most of these products indeed r.t our quality assurance standards,
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Alter years ot testing it hai,, come to out attention that many ot the Acal
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to to the, test.
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of 10
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WARNING - If vou are looking for resveratrol. there is essential information on this website that you
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lIy Dr. Oz Weight Loss Story
Read How I Lost Over 65 Pounds Using Two Simple New FREE Products In My Life
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Step 2_ Colon Cleanser Supplement
"I was surprised when I lost 23 lbs. - but when I lost 65 lbs., I was
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eiihausted with my twin boys, and then one ovely BUT demanding girl In Just 4 years, I grew
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large site AND comfort myself Well, this 15 the mum look...
Me being overweighed & back to normal aga n
Goodbye to plus / extra large size .)
Being desperate, 1 tr'ed so many "best weight loss programs" that did noth ng but made me
suffer! If you have tried any of those, you ir now whatl mean.
As Seen On The Oprah Show, Rachael Ray and Dr. Oz berry diet Is the new superfood coming from
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Dr Oz is vice-chalr and professor of surgery at Columbia University.
He directs the Cardiovascular Institute and Complementary Medicine
Program at NewYork-Presbyterlan Hospital. His research interests
Include heart replacement surgery, minimally invasive cardiac
surgery, complementary medicine and healthcare policy. He has
authored over 400 original publications, book chapters and medical
books and has received several patents.
''All foods with dark colors have some of these really protecting
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If you have been following the show you would haw seen my segment on
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Oprah's Resveratrol Dr Oz Anti-Aging
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If you have been following me on the Oprah show, you would have
For Anatvei,
Faster- Way
To
Fat... -or
Los4
seen my segment on Resveratrol, and everything it can do for
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Free Oprah Diet!
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Reviews Last Updated: 4/20/09 - We are delighted to announce that we have partnered with the top
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_
"Resveratrol seeks out a gene that controls the
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Dr. Oz, OprezhWintey S'oecial (Vigksalak)
Resveratrol (As Seen On Oprah With Dr. Oz)
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Luckily- for you. I've helped to narrow down all of the different Resveratrol and other anti-wrinkle
products available to the top dime products cuirently on the market today' This isn't to say that any
product not included in this wonderful trio is not worth purchasing but these three are the best out of
all of them. The cream of the crop!
Before I get started with the reviews, let's take a look at what I had to say during Oprah's Resveratiol
special.
I told Optah that to give your cells an extra energy boost to take a Resveratrol supplement. because
when giN en to lab animals, actually incteased their life expectancy and overall health'
* It's just been bought to out attention that you can 110W also look younger when combining ResV 1.71tra
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effects.
71.)
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Hello and welcome if you me looking for mkornation cm Resveratrod
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trovirostinfirsYself, unid love the benefits it has to offir "Mucha at Harvard Medical School and
the Institute of Genetics and Maio:elm Biology have found that resveratroL a natural compound
band la the skin si red gripes indiums in cederme, may radically reduce the risk not only of
heart dwease Ind also of age related amasses such as Alzheimer's dmease. It might aho counter
the effects of a high-fat diet ami even prcdong life As an independent study...Oh no affiliation
to any Resteratrol mart currently being sold online, this site documents a =trolled
mdflarusieut study canons Meant types of Remeratiol products. As a part of the study we
ordered free Wad vessiOns of almost all the producto colme. Our metering= carload twenty
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40IPage
EXHIBIT 6
Adyerhsem.ent
New York, NY
HOME I NEWS I WEATHER SPORTS I ENTERTAINMENT I BUSINESS I NN HAT'S ON
Health Specialist Cathy Diaz Reports On Her
Experience Using Resveratrol
tievo York NY
Currently I Hourly Info 1 >15 [law
Cathy Diaz
Sunny
t
Monday, June 15, 2009
76°F
RealFeetert. 86*F
NEW YORK - I'm a 35-year-old news veteran, who's been covering health and wellness news for more than a
decade. I admit I can sometimes be jaded and skeptical with an 'I've seen it all attitude.'
Winds Cairn
Your Forecast
84%8°
Birth of a Story
RESVERATROL! Barbara
Partly cloudy
VVhen the news director John Beamer asked me to do an
investigative report on the nutritional supplement Resveratrol
when combined with Dermapril, I had no idea that I would end
up as the 'star' of my own story. But I did!
John had seen Resveratrol all over the news and media lately
and wanted to get to the bottom of this new 'miracle product', so
he gave me the task to do a story on it.
141
"Scientists have identified a
substitute to red wine called
Resveratrol that they believe
might do more than just
protect the heart but could, in
very high concentration, significantly extend
life by preventing a number of age-related
illnesses."
Rich in antioxidants and believed to promote healthy, younger
looking skin as well as increasing energy levels, it has gotten a
lot of attention in the national media. When I dug further, the real
secret was adding it to a product called Dermapril as well.
Here's why:
Tom
78./66°
Thu
77%8°
4:0 A shower early;
An evening
78°,86°
Partly cloudy
Radar I ENLARGE
"Scientists have identified a substitute to red wine called
Resveratrol that they believe might do more than just protect the
heart but could, significantly extend life by preventing a number
of age-related illnesses."
Temperatures I ENLARGE
Oprah, Barbara Walters, CNN, and 60 Minutes were my
'sources'
Resveratrol has been 'in the news' for nearly two decades For
example, 17 years ago, CBS News and Morely Safer did a story on
Europeans who tend to eat a high fat diet, but drink a lot of wine and
have lower levels of fat and cholesterol than Americans.
Those benefits were not the wine, per se, but the Resveratrol in the skin
of the grapes used to make the wine.
I learned more about Resveratrol's benefits from Dr. David Sinclair,
Associate Professor of Pathology at Harvard University Medical School.
In an interview for ABC News, Sinclair told Barbara Walters that study
trial participants who used Resveratrol "had improved s_kin increased
One of our loyal
viewers sent
these photos in
recently. Mane
combined a
Trial of Dermapril
Skin Crème with
Resveratrol Ultra
and saw a much
younger appearance Dermapril is
offering our viewers the same free*
Mal!! I recommend combining the
two products as she did
free*Ill
energy and lived_3_0% longer."
Even Oprah Winfrey's favorite medical man - Dr. Oz says, 'I take Resveratrol myself, and love it.' Dr. OZ goes
on to say 'It turns on a system in your body that prevents your cells from aging'.
Bottles of Resveratrol have been selling like wildfire ever since Dr. Oz's appearance. But were 'good sales' an
indication that Resveratrol was a good product? I wasn't convinced yet. I decided to try Resveratrol while using
Derrnapril at the same time for myself...
Like I said... I'm in news, and I don't take anything at face value. So I decided to put these two products,
6-30-09 www.news 1 3 direct. com/
WeethtEreca Iviiotteaps
Resveratrol Dermapril to the test myself and monitor the results I achieved. I asked two colleagues
my editor
David and my photographer Vivien to take the challenge, too. They're skeptics like me, but they had become
somewhat unhealthy over the years due to a hectic lifestyle and caring for their children and decided to give it a
try.
So the three of us made a pact to take Resveratrol & Dermapril for 30 days and document our findings. We
found the most reputable Resveratrol product, and skin cream product on the market (Resveratrol Ultra &
Dermapril) and ordered the free trials. We received our order 3 days later and Cathy's 30-Day Resveratrol
Challenge was officially 'on.'
Usually as a reporter I find products that are "too good to be true" and report on how they didn't live up to their
claims. I can say with the utmost certainty that this is a feel good story for the "ages"!
"The results were so dramatic we started to look and feel younger within 24hrs of taking
Resveratrol & Dermapril"
'Vivian combined a Free Trial of Dermaoril Skin Cream with Resv Ultra and her results were astonishing. We
took before and after photos! Dermapril is offering our readers the same free trial! I recommend combining the
two products."
As the month wore on we gained a tremendous amount of energy from Resveratrol's antioxidant properties that
helped to improve our overall health, while our wrinkles started disappearing from Dermapril.
We were all sleeping better and we looked way better, too. David became aware of how much his 'color' had
improved. He looked healthy and literally 'in the pink.' His crows feat even started fading.
Vivien and I noticed that our skin seemed brighter and healthier. Both of us agreed that there were fewer visible
wrinkles when we looked in the mirror. Our hair was also noticeably softer and had more volume to it.
We all experienced tremendous energy boosts all day long. All three of us had energy after a hard days work to
spend time with the kids playing instead of in front of the TV as we used to do because of exhaustion.
John really liked the story we did. He was so impressed with the research I'd done and the information I'd
uncovered, that he decided to give Resveratrol & Dermapril a try himself; maybe I'll do a follow-up report on HIM!
Resveratrol Ultra is trying to spread the word on the miracle powers of Resveratrol. I suggest checking out their
site for a Free Trial, and don't forget to pair it up with a Free Trial from Dermapnl for the ultimate results.
How I got a Six Month Supply Using Risk-Free Trials!
Digging a little deeper, I found that the 3 largest sellers of Resveratrol were essentially using the same amount
of the supplement per pill. Seeing as how they were all offering free trials, I decided to order all 3 to save a little
bit of money on my end. I recommend you do the same. With the shipping and handling it all comes out to $18. If
you take half the recommended dosage it will last an entire year! The products are listed below.
Resveratrol Ultra
- Shipped in 3 Days
- Currently offering a free trial as of June 15, 2009
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Title battle moves to California (source: bignewsnetwork.com)
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California to issue IOUs tg vensiors_,. local govemments (source: bignewsnetwork.com)
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Tue, 30 Jun 2009 04:09:33 -0400
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California Insufance Commissioner Steve Poizner orders insurers to reveal. Iran inv restABti
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Tue, 30 Jun 2009 04:09:21 -0400
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Megkal.Marijuana, InQ Captures Market Share in 3 More Counties in Caktornia (source:
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Tue, 30 Jun 2009 04:35:43 -0400
MJNA ) continues its expansion with four additional collectives agreeing to use Medical Marijuana, Inc's
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California Insurance Commissioner 5teve Poizner orders insurers to reveal. Iran lOyestiarten/s (source:
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California Insurance Commissioner Steve Poiznpr orders insurers tdreveal Iran investments (source:
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California Insurance Commissioner Steve Poizner orders insurers to revea: Iran investments (source.:
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Tue, 30 Jun 2009 04:09:33 -0400
Poizner says he wants to identify whether any insurance company doing business in the state is
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Herald).- News widgets and RSS feeds on Feedzilla.com
Medical Marijuana, Inc Captures Mark et Share in 3 More Counties in California (source: Los Angeles
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Tue, 30 Jun 2009 04:35:43 -0400
MJNA ) continues its expansion with four additional collectives agreeing to use Medical Marijuana, Inc's
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State's most conserv_ative county uses much cash (source: bignewsnetwork.com)
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(06-30) 04:00 PDT Likely, Modoc County Sprawling across the northeastern corner of California, this
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Medical Marijuana, In Captures Kerkett.S .e in 3 More Counties in California (source: Big News
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Tue, 30 Jun 2009 04:35:43 -0400
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Tue, 30 Jun 2009 04:09:33 -0400
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The lawsuit: filed in U.S. District Court,
alleges that the CTA's rule unconstitutionally
"restricts speech in a public forum that is
otherwise open to all speakers without a
compelling interest for doing so." It asks the
court to declare the rule void, to bar the
CTA fi-om enforcing it and to award the
"CTA does not allow ads for alcohol or
tobacco products and this orcbnance is
consistent with that longstanding policy," she
said.
defensible."
CTA spokeswoman Wanda Taylor said the
authority believes "that our ordinance is
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Doroshow said association officials discussed the matter with CTA officials for some time and that the
transit authority's objection was that some games labeled ""mature" and "adults only" could inspire
violence among those who play the games.
association court costs and legal fees.
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Kenneth L. Doroshow, general coimsel of the associatio' n, pointed out that the movie 'Resident Evil,"
which is based on a video game, could be advertised on CTA buses and trains but the game itself
could not under the rule, which was approved in November 2008.
The association maintains that computer and video games are entitled to the same free speech
protection imder the First Amendment as other forms of enteitainment such as movies.
Done
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EXHIBIT 8
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Dr Oz on Oprah Talking About Resveratrol We Can Live Past 125 0
Now!! Oprah Show
Suescrteo
March 27. 2009
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http fheww.ResreratroisToni . Chad 651-3304032
Dr. Oz Talking ulth Oprah tallong about Resveratoi
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EXHIBIT 10
Certificate of Registration
9 .sTATEs.
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This Certificate issued under the seal of the Copyright
Office in accordance with title IT United States Code,
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INME1
Arai Berry - Windows Internet Explorer
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The Oprah Show rated the exotic and humble
Ace Berry as the #1 Super food, and had this to say-
*StwIles have shown that the elk Acre bony is one
of the most nuttioue and powerful foods in the
mode
51,erw
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Dr Pontoons (MD), a pofessor at Meagan Stato
Univenety College has conducted many studies in alter
to determine which kods and natural en:ducts have the
maximum benefit to us In antognsing, keeping our skin
beautiful, losing weight, end keeping ue heathy.
rTs
fthe Intensive studies, Dr Pent:ono rated Me /PI Super food as the Amid
Bony. Containing an extramsly high lewd of ordlexidants. Onwie-9: anti
peokod with nutrients Met have ageelowing properties. eta well se weight
loas plusentes, this wet fruit fnom deep within the Board knots may
well be the lealthloal food In Die Went
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Hoodia Diet 11115 I Appetite Suppressants I Weight Loss Reviews -Part 9 - Windows Internet Explorer
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Hoodia reached a pinnacle of pa.pul.rity
the oS public seem to rate
Oprah's opinion on whatever subject, product ni brand and gloss over the
fact that Oprah has never stated that she recommends or has ever used
a Hoodm weight loss mil
ffoodiaffeadOuaters rs pro Hoodlu but we have to draw attention to this
fact in the interest of the consumer - as many corriff.ercia/ Hondo
products have used the Oprah association to their advantage direc Lie
referencing oprah winfrey endorsing their specific brand
Oprah Winfrey's Hoodia Article
0 Magazine publsihed a ghost written
article entitled The Next Generation Of
Diet
Pills - the articio
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a
generalization about
weight
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supplements, diet pills and appetite
suppressants, highlightng ffoodia as a the
most effective and best of breed
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ivhether Oprah Winfrey has use.d a Hoodia
Met pill but was cleverly to written and up
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acal sales - °prat, Show - Windows Internet Explorer
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tact, it is a complete food in itself 77
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rainfore.s of Brazi/ ace, tastes. 1,ke o ibrant
blend of borrica and ,hoto,ate H dden w.thin
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EXHIBIT 1 1
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&A,C)
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Title
Title of Work: The Oprah Winfrey Show; The Dr. Oz Diet
Nature of Work: Audiovisual work
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Date of 1st Publication: November 2, 2006
Nation of lst Publication: United States
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Author: Harp°, Inc.
Author Created: Entire work except for previously published material
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United States
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footage from the Dr. Oz special "You: On A Diet"; stock footage; medical
animation; v-8 trademark; Listerine breath mint trademark; 365 product line;
Sweet & Low trademark.
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Mtn: Broelke Singer, Esq.
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.sTA7'Es.
to
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Office in accordance with tide 17, United States Code,
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Title
Title of Work: The Oprah Winfrey Show: Dr. Oz 90 Day Live Longer, Feel Yotmger Plan
Nature of Work: Audiovisual work
Completion/ Publication
Year of Completion: 2006
Date of 1st Publication: May 1, 2006
Nation of 1st Publication: United States
Author
Author: Harpo, Inc.
Author Created: Entire work except for previously published material
Work made for hire: Yes
Domiciled in:
United States
Anonymous: No
Pseudonymous: No
Copyright claimant
Copyright Claimant: Harpo, Inc.
110 North Carpenter Street, Chicago, IL 60607
Limitation of copyright claim
Material excluded from this claim: Previously published material licensed from third parties, specifically:
footage of "You, the Owner's Manual"; age morphing animation of Dr. Oz;
cover, text and photos from the book, "The Invision Guide to a Healthy
Heart"; Photos depicting average food portions in the 1960's and today, and;
footage of Jillian Sterkin aging.
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Date:
July 16, 2009
Correspondence: Yes
Page 2 of 2
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PA0001635929
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Attn Brooke Singer, Esq.
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New York, NY 10019
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.sTATts
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Title of Work: The Oprah Winfrey Show: Look Ten Years Younger in 10 Days
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Year of Compledon:
2004
Date of 1st Publication: November 10, 2004
Nation of 1st Publication: United States
Author
Author: Harpo, inc.
Author Created:
Entire work exc,ept for previously published material
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Copyright Claimant: Harpo, Inc.
110 North CaTenter Street, Chicago, IL 60607
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footage of TLC: Ten Years Younger, and photograph of hand and cane.
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Date: July 16, 2009
Page 1 of 2
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Yes
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Service Request #:
1-217473429
Davis & Gilbert LLP
Attn: Brooke Singer, Esq.
1740 Broadway
New York, NY 10019
Certificate of Registration
. sTA res.
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.
e
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July 27, 2009
Title
Title of Work: The Oprah Winfrey Show: The Great Debate: Should You Replace Your Hormones
Nature of Work: Audiovisual
Completion/ Publication
Year of Completion: 2009
Date of 1st Publication: January 15, 2009
Nation of lst Publication: United States
Author
Author: Harp°, Inc.
Author Created:
Entire work except previously published material
Work made for hire: Yes
Domiciled in: United States
Anonymous: No
Pseudonymous: No
Copyright claimant
Copyright Claimant:
Harpo, Inc.
110 North Carpenter Street, Chicago, IL 60607
Limitation of copyright claim
Material excluded from this daim: Previously published material licensed from third parties or owned by
Claimant, specifically. book covers for "What's Age Got to Do With It,"
"The Wisdom of Menopause" and " Feminine Forever"; photos from
February 2009 issue of 0, The Oprah Magazine.
Previously registered: No
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Service Request #:
1-224531073
Davis & Gilbert LLP
Brooke Singer, E,sq.
1740 Broadway
New York, NY 10019
Natural Rio Health - Offering Bioidentical, Bio Identical, Hormone Replacement Therapy, H., HC - Windows Internet Soplorer
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EXHIBIT 12
U
Websites Containing Oz or Oprah Media Clips
1
www.Drozadvice.com
2
www.dr-oz-resv.net
3
www.dr-oz-resv.com
11111111111L
4 4..wwwdrozadvice.com
umuum
5
www.Droz-resveratrol-alert.net
6
www.dr-oz-suggests.com
7
htto://drosresveratrol.com/?t202kw=resveratrol&t202c=
3235239864&t202t=c&t202p=hubpages.com
8
www.Theozresveratrol.com 000110.
9
www.Dr-oz-resveratrol-alerts.com
10
http://oz-resveratrol-alert.corn
11
www.drozdietmiracle.com
12
www.acai-berrywarning.com
13
www.resveratrol-reviews.info
14
15
www.the-resveratrokreviews.com
ogle&t2021d=9214&t202kw,Resveratrol&t202c=2926645
678&t202t=c&t202p=resveratrol2lanet.com&gclid=CKHKn
16
www.0z-resveratroltrial.com
17
www.Free-bodv-makeover.com
18
www.Resveratro160.com
19
http://www.acaiberriesdiet.com
20
www.Acaiberriesdiet.com
21
www.drozadvice.com
22
www.resveratrolultra.com
23
www.red-v.com
24
www.Acai-flush.com
25
www.redux-v.com
26
wwwoprahonresvejitr.oIçom
27
www.0z-resveratrol.com
1
Page 1 of 2
I
#
Websites Containing Oz or Oprah Media Clips
28
www.DietandfitnessPlan.info
29
www.Rezv.org
30
www.Rezv-free.com
31
www.Rezvplusl.com
32
www.resvenergy.comjblog
33
www.trustedrezv.com
34
www.Youthres-v.com
35
www.resveratrolreviews.org
36
www.Rezvplus5.com
37
www.rezvplus5.com
38
www.resreviewed.com
16111111111111110
39
www.roxnocnews.comj uoctors txpiain vvnv ueanse Yo
ur Colon.htm
40
www.resveratrol-truth.com
41
www.resveratrolauthority.com
42
www.agingeffectsreversed,pam
43
www.resveratroltrial.net
44
http://www.to0-resv.cornjresveratrol.php
45
www.resveratrolcertifiedsupplements.com
46
www.getVoumernow.com
47
www.resveratorlmx.com
48
www.p4treszyp ronpw.com
49
www.Evesg_ardensecrets.com
50
www.resveratrol.com
51
http://www.voutube.com/watch?v=ibYWCIeW88gs
52
www.energai.com
Page 2 of 2
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Health
A Headache For Dr. Oz
Dirk Smillie, 06.16.09, 6:00 AM ET
Oprah VVinfrey's latest protégé, Dr. Mehmet Oz, made some startling claims this spring in appearances on Oprah and Good Morning
America. Dr. Oz, whom VVinfrey calls "America's doctor," talked up the anti-aging properties of resveratrol, a substance found in red
wine. Oprah looked a tad skeptical as Dr. Oz, sitting in hospital scrubs and holding a bowl of green pills, described his belief that
drinking red wine could substantially slow aging. To get enough resveratrol, however, you'd have to drink 24 bottles of wine a day. Or,
you could just take a resveratrol pill.
After appearing as Oprah's health expert for the past five years, the 49-year-old Oz, director of the Cardiovascular Institute at
Columbia University Medical Center in New York, is preparing to host his own daytime show produced by Oprah this fall.
When Dr. Oz speaks, people listen. His glowing endorsements of resveratrol have spawned an overnight industry of shadowy
peddlers of the stuff. Dozens of Web sites using his name or image have appeared, usually offering free trials of resveratrol. One of
the biggest operators is a North Miami Beach, Fla.-based company called FWM Laboratories that runs phony local television news
Web sites hawking its anti-aging pills.
At the top of the Drudge Report's homepage, pictures of Nicole Kidman, Jennifer Aniston and Marisa Tomei are captioned: "How does
she look so young?" A photo of Dr. Oz appears alongside the actresses. Clicking Dr. Oz brings you to "News 3," supposedly a Web
site for a local television news outfit in Sacramento, Calif., which carries an article titled "Health Specialist Janice VVilson Reports on
Her Experience Using Resveratrol." The same ads on other sites take users to sister pages with the same reports, like "News 9" (New
Jersey) and "News 5" (Austin, Texas)
On each site, the reporter confides that her news director asked her to do an "investigative report" on resveratrol. So she challenged
two colleagues, including an attractive photographer, Vivian, whose picture accompanies the story, to try it. After a 30-day trial, Wilson
writes that they slept better, had fewer wrinkles and even noticed more volume in their hair. Apparently, resveratrol even gave one a
new body (on the Sacramento page "Vivian" is a 30-something blue-eyed blonde; on the Austin page she is an auburn-haired woman
in her 40s). In the middle of these news accounts, which sit next to real-time AccuWeather updates, is a link to "Resveratrol Ultra,"
which--surprise--is described as the most "reputable" resveratrol product on the market.
Click that link and you get to the offer: a free 30-day supply of resveratrol pills (pay only $2.94 shipping and handling). At the bottom of
the page, beneath a slew of news stories, is the clincher The site states your credit card will be debited a recurring charge of $85.26 a
month to keep your supply of pills current, unless you cancel in 10 days.
Last month, the Resveratrol Ultra site drew 833,000 unique visitors. It has also drawn the lion's share of postings from 285 angry
buyers on ComplaintsBoard.com, many of whom contend they were ripped off by FWM Laboratories, which makes Resveratrol Ultra
and other supplements. Many write that after they tried to cancel their free trials, the company made monthly charges to their credit
cards anyway One buyer contends the capsules he was sent do not contain Resveratrol, but Japanese knotweed.
The Better Business Bureau rates the company an "F" and lists 2,694 consumer complaints against FWM Labs. The Florida Attorney
General's Office is unhappy with FWM, too. It is investigating similar unauthorized credit card charge complaints involving another
product Attempts by phone and e-mail to reach FWM or the company's only listed executive, Vice President Brian Weiss, were
unsuccessful.
Other rag-tag sites peddle resveratrol using Dr. Oz's imprimatur far more aggressively There's the incorrectly spelled "Dr. Os
Resveratrol," fronted by a photo of a beaming Dr. Oz, stating, "How would you like to live to be 125?" There is "Dr Oz Resveratrol,"
"Dr. Oz Anti-Aging Secrets" and "Dr. Oz Resveratrol Wrinkle Cream." Another says, "Click Here to Get Free Dr. Oz's Resveratrol Top
Choice!" Many of these sites draw from 30,000 to 160,000 unique visitors a month--some more, according to Quantcast. These pages
often display earlier reports on CBS' 60 Minutes and a Harvard study lauding the health benefits of resveratrol.
6-16-09
What power does resveratrol really have? Found in the skin of red grapes, it is one of a key group of enzymes called sirtuins. Worms,
fruit flies, even yeast cells fed resveratrol in studies have lived longer. Resveratrol treatment helped fat mice live as long as healthy
thin mice. But it didn't extend the lives of mice that were already healthy in one study. Researchers don't know what it will do in
humans.
Dr. Oz says he does not endorse or profit from any resveratrol maker. He declined an interview with Forbes but said in a statement
that he could not vouch for the "authenticity, safety or effectiveness'' of any resveratrol seller. "Unfortunately, several companies are
attempting to deceive consumers through the unauthorized use of my image or my name, and my attorneys are pursuing those
making these false claims," he says.
When Dr. Oz's show launches in September, chances are he'll think twice about such endorsements. Topics he's expected to discuss
on the show include infrared sauna baths and the healing properties of hyperbaric oxygen. If you see a Dr. Oz-hosted site selling air,
think twice.
6-16-09