First Fruits Enterprise Ministry has despatched Awakend a stop and desist, pertaining to advertising and marketing of its Zenith complement.
FFBM claims Awakend has made ‘false, deceptive, and misleading claims about First Fruits’ product Trisynex’.
After digging into out there data final week, BehindMLM raised suspicion over Awakend’s advertising and marketing claims.
Our major concern was the patent Awakend represented Zenith was manufactured beneath, not solely didn’t belong to formulator Vietal Diet – however that it was expired.
FFBM’s stop and desist confirms these suspicions and gives context to the present state of affairs.
Vietal and Awakend seem like passing-off First Fruits’ product Trisynex as their very own product Zenith.
It is a basic bait and swap that deceives and probably endangers shoppers.
These actions plainly represent false promoting, false designation of supply and origin, passing-off and unfair competitors in violation of relevant federal and state regulation.
I’ve separated that context into varied points raised within the doc beneath.
Observe that something in a inexperienced field is quoted immediately from FFBM’s stop and desist, dated and despatched to Awakend’s lawyer on September seventh, 2022.
The expired Trisynex Patent
Awakend falsely claims to have unique rights to U.S Patent No. 6,899,892 (the “’892 patent”).
This patent is EXPIRED, as you confirmed in a current submitting you submitted on behalf of Tripharma, LLC, within the matter of Tripharma, LLC v. First Fruits Enterprise Ministry LLC, et al.
As you your self have acknowledged, no person has unique rights to the ’892 patent anymore and any lawyer or competent enterprise individual would know that.
Claiming unique rights to an expired patent is illegal.
As to the present standing of Trisynex, because it pertains to patenting;
First, the UCONN research was to Trisynex, not Zenith.
Second, First Fruits owns U.S. Patent No. 10,632,092 (the ‘092 patent) “Composition for and Technique to Improve Serum Adiponectin and Scale back Physique Fats.”
This issued patent was duly granted by the U.S. Patent & Trademark Workplace to Roger J. Catarino and William D. Kuhne on April 28, 2020, and assigned to First Fruits. This patent is presumed legitimate.
Awakend’s doctored 2009 Trisynex research
Final month BehindMLM famous Awakend was offering shoppers with a doctored research it falsely represented pertained to Zenith.
Awakend has since acknowledged the unique research didn’t pertain to Zenith, however maintains Trisynex and Zenith are the identical system.
Right here’s FFBM’s take;
The copy of the research that Awakend has supplied to potential shoppers and distributors is clearly doctored to incorporate the title “Zenith” as the topic of the research.
Not solely did “Zenith” not exist practically 14 years in the past, however the true topic of the research was Trisynex. Vietal and Awakend merely doctored the research and substituted each occasion of Trisynex for “Zenith.”
Neither Awakend nor Vietal had been concerned, in any capability, in that medical research and clearly modified the textual content of the research to defraud potential shoppers and distributors into believing that Zenith was topic to a rigorous medical evaluation.
It plainly was not, and Awakend’s modification of that research constitutes trademark infringement, copyright infringement, fraud, false promoting, and unfair competitors, in violation of relevant state and federal legal guidelines.
Awakend’s use of Colin F. Watson in Zenith advertising and marketing
Awakend has utilized the providers of self-proclaimed health and diet coach, Colin F. Watson, to look in a video entitled “On Zenith and Awakend Well being,” throughout which he gives a testimonial in help of the effectiveness of “Zenith.”
Mr. Watson echoes the false representations pertaining to the origin of Zenith,” the doctoring of the 2008 medical research to make it sound prefer it was testing “Zenith,” and the effectiveness of “Zenith” moderately than the true product, Trisynex.
Mr. Watson begins his video by stating that these misrepresentations had been made to him immediately by Awakend’s CEO, Danielle Meoli, and that he reviewed a duplicate of the (doctored) research in supporting his conclusions.
Awakend’s use of James (Jim) Roufs and Lorna Vanderhaeghe in Zenith advertising and marketing
Awakend developed an extra advertising and marketing video additional utilized to mislead shoppers and potential contributors in Awakend’s multi-level advertising and marketing scheme as to the origin of “Zenith.”
This video contains remarks by James (Jim) Roufs and girls’s well being “professional” Lorna Vanderhaeghe touting the launch of “Zenith.”
In so doing, Mr. Roufs and Ms. Vanderhaeghe parrot Awakend’s fraudulent misrepresentations concerning the origin of “Zenith” and the applying of the College of Connecticut medical research to “Zenith.”
This video gives one more essential instance of Awakend’s efforts to defraud their client base and coax unwitting prospects into collaborating of their multi-level advertising and marketing scheme.
With each recruit, each Vietal and Awakend intentionally mislead victims into collaborating of their marketing campaign of false promoting, unfair enterprise practices, and misrepresentation surrounding First Fruits’ possession rights to Trisynex, additional solidifying their legal responsibility, together with vicarious legal responsibility, for participating in these myriad unfair enterprise practices.
Vietal Diet’s lawyer’s statements with respect to FFBM and Trisynex (as printed on Awakend’s web site)
Reid Winthrop, Basic Counsel of Vietal, has exacerbated this already voluminous laundry listing of misdeeds by participating in a smear marketing campaign on Awakend’s web site.
Mr. Winthrop’s false and defamatory statements label Mr. Roger Catarino and First Fruits as “infringers” and echo the prior misrepresentations made by Vietal and Awakend pertaining to “Zenith.”
Mr. Winthrop repeats the lie that “Zenith” was the topic of the College of Connecticut research.
He additionally repeats the lie that First Fruits’ rights in Trisynex represent “an effort to steal the tradename and create uncertainty the place none existed,” when the truth is First Fruits has no real interest in utilizing the tradename Zenith and First Fruits is the social gathering which has an issued patent on expertise Vietal and Zenith are infringing.
His statements are blatant falsehoods designed to hurt First Fruits and Mr. Catarino’s enterprise pursuits and thus plainly represent defamation per se.
Mr. Winthrop, in his similar assertion on Awakend’s web site, additionally makes reference to TriPharma, LLC’s enterprise practices, their possession of the “unique rights” to promote merchandise based mostly on the ‘892 patent, and their acquiring judgments in opposition to Imagenetix, Inc. and First Fruits.
That is false and deceptive. Mr. Winthrop fails to say is that the ‘892 patent is EXPIRED and thus gives no such rights.
Mr. Winthrop fails to say that TriPharma’s license to the ‘892 patent expired on October 1, 2014, practically eight years in the past.
Mr. Winthrop additionally fails to say that when TriPharma tried to increase the license, they had been shut down by Federal District Court docket Choose Selna on December 8, 2014.
Mr. Winthrop additionally fails to say that – lower than two months in the past within the pending motion between Tripharma and First Fruits – Choose Selna denied Tripharma’s Movement for a Preliminary Injunction, concluding that Tripharma had not demonstrated a probability of prevailing on its ongoing specious declare that it has the unique license to the patent and associated mental property.
And eventually, Mr. Winthrop fails to say that in relation to a subsequent and associated chapter continuing, TriPharma LLC’s CEO, Evan P. Dameshek, was indicted for and plead responsible to chapter fraud beneath 18 U.S.C. § 157.
Mr. Dameshek admitted to fabricating practically $3,200,000.00 in enterprise dealings with a purpose to defraud Imagenetix, Inc. in 2019 because it pertains to the very product supposedly now solely owned by Vietal and Awakend, specifically Zenith.
FFBM’s calls for to Awakend and Vietal Diet
First Fruits calls for that Vietal and Awakend instantly and completely stop and desist from making any false, deceptive or misleading claims concerning the true nature of Trisynex as defined herein.
First Fruits additional calls for that Vietal and Awakend instantly and completely take away the deceptive claims from their web site(s), challenge a proper retraction of those claims, and stop and desist from any advertising and marketing or sale of “Zenith” or any product derived or developed from the misuse of First Fruits’ mental property.
Whereas First Fruits takes challenge with all the false and defamatory statements so far, First Fruits is much more troubled by the continued efforts to market and distribute “Zenith” in clear contravention of First Fruits’ mental property rights.
Vietal and Awakend falsely play the sufferer to potential contributors in a posh multi-level advertising and marketing scheme, when in actuality they haven’t any authorized authority, in any capability, to promote, market, distribute, or allow others to promote, market, or distribute, any variation of Trisynex.
As a result of TriPharma, Vietal, Awakend, and Mr. Winthrop, are on clear written discover of First Fruits’ potential authorized claims, they’re required by regulation to protect all proof associated to their actions and conduct.
This implies they need to protect and never destroy any and all hard-copy and electronically-stored data regarding the above issues, together with textual content messages and emails with present and former TriPharma, Vietal and Awakend staff and others.
This obligation contains preservation of all paperwork, digital recordsdata, emails, textual content messages, voicemails, social media messaging, hidden system recordsdata, and metadata presently positioned on or contained in any freestanding laptop, laptop computer, pill, mobile phone, cloud storage system, electronic mail or social media account, or different digital system which will comprise data-storage capabilities, together with however not restricted to, arduous disk drives, optical disk drives, detachable media, akin to thumb drives, CD-ROM and DVD drives, flash or zip drives, or every other related electronic-storage media or system of no matter title or description.
The above preservation obligations are persevering with and, subsequently, embody data which will come into existence after the date of this letter, or which will exist now or sooner or later.
As you possibly can little question recognize, First Fruits takes these issues very critically and won’t hesitate to take all acceptable steps to guard its authorized rights.
Having been suggested of our considerations, we belief that you just, TriPharma, Vietal and Awakend will stop and desist and chorus from these and every other illegal actions.
FFBM has given Awakend and Vietal Diet until September 14th to conform.
Until you reply and conform to take the above corrective actions by September 14, 2022, First Fruits will take acceptable motion to guard its authorized rights and forestall false promoting, false designation of supply and origin, passing-off, unfair competitors or different illegal acts or practices. Please govern your actions accordingly.
Full Disclosure
As a result of I’m acutely acquainted with what goes on within the MLM business, I’m going to nip any whacky conspiracy theories within the bud.
BehindMLM’s curiosity in Awakend and Zenith extends solely so far as our protection of the MLM business. We’ve been reporting on dangerous actors within the MLM business and associated shenanigans for over twelve years.
Whether or not Awakend or First Fruits Enterprise Ministry prevails on this ongoing dispute, BehindMLM has “no pores and skin within the sport” so to talk. As a part of our dedication to our readers, we’ll be protecting what occurs subsequent regardless.
BehindMLM’s protection of Awakend and Zenith, excluding this text, was a part of our routine protection of the MLM business. Neither Awakend, Vietal Diet or anybody representing the businesses had or have been involved.
Roger Catarino (proper), proprietor and CEO of FFBM, first reached out on September 1st.
Catarino knowledgeable me that BehindMLM’s so far printed protection on Awakend and Zenith was “principally correct”.
He requested I electronic mail him”for the reality which can be documented with info”.
I responded to Catarino’s electronic mail on September eighth.
This prompted a response from Catarino, informing me of the stop and desist despatched to Awakend.
I promised you the Reality supported by documentation. Please see the connected, because it goes into nice and particular element, concerning the violations Vietal and Awakend have and proceed to commit.
A replica of the C&D was connected to the e-mail.
Neither Awakend or FFBM have had any enter into BehindMLM’s so far protection of Awakend and Zenith.
Whereas I did ask for permission to report on the C&D Catarino despatched me, which was granted, he had no enter or oversight into publication of this text.
BehindMLM has not acquired any fee or compensation of any type from FFBM or Catarino. Past searching for permission to report on the C&D, as a matter of courtesy, BehindMLM has additionally not entered into any settlement with FFBM, Awakend, Vietal Diet or every other associated social gathering.
So far no person from Awakend or Vietal Diet has contacted BehindMLM about our ongoing analysis and reporting.
Within the feedback beneath our Awakend articles, I’ve needed to repeatedly name out Awakend distributors brainlessly parroting Awakend’s advertising and marketing claims – with out consideration of our impartial analysis and reporting.
I’m unaware of Awakend addressing the problem of the expired Trisynex patent it’s representing is legitimate. Or the truth that, because it stands, neither Awakend or Vietal Diet seem to have any standing declare to rights pertaining to fabricate, advertising and marketing and sale of Trisynex.
Patent US10632092B2, at the very least as I perceive it, suggests that is not the case for First Fruits Ministries.
