United Specialties, Inc (UNSP)

[scion]

I posted this earlier, but it was deleted - Urbani Truffle Family Protects Its Name in Suit With Former U.S. Distributor Rosario´s Epicureo, Ltd.
NEW YORK, May. 06 /PRNewswire/ --

NEW YORK, May 6 /PRNewswire/ -- URBANI TARTUFI s.n.c of Sant'Anatolia di Narco, Italy, the world's largest producer of truffles and truffle-related products, is pleased to announce that "we have our name back."

On April 21, 2003 the Federal Court in Brooklyn, New York ordered Urbani's previously terminated US distributor Rosario's Epicureo, Ltd. and its officers, Rosario and Andrew Safina ("Rosario's") to discontinue effective May 10, 2003 all use of the wordmarks, tradenames and logos of Urbani Tartufi. (the "URBANI MARKS".)

Rosario's failed to pay Urbani and others for Urbani Tartufi products that were received and sold. Throughout 2002 Mr. Safina proposed and promised payment schedules. None of those schedules were ever honored.

In late summer of 2002 the Urbani family proposed to create a new entity as the US distributor, including Rosario Safina as part of the new entity, but providing the Urbani family with financial oversight. At that time Rosario Safina also agreed to execute a number of documents acknowledging the amounts owed for shipments of truffles and truffle-related products and the quality and timeliness of the shipments. He also committed to new payment plans.

Subsequently Rosario refused to stop the unlawful use of the URBANI MARKS; to honor the new payment plans; disavowed the signed acknowledgments of the debts; and refused to be part of the new entity formed to be the exclusive distributor of Urbani products in the United States.

In early March Urbani Tartufi filed suit to stop Rosario's unlawful use of the URBANI MARKS and by early April, Rosario's had not responded to the suit or any settlement overtures.

Faced with Rosario's intransigence, Urbani Tartufi sought to enjoin all of Rosario's unlawful actions. The application for the injunction included the presentation of evidence of the continual use of the URBANI MARKS for more than half of a century in the United States and the presentation of affidavits from witnesses scattered between Pennsylvania and Italy. In approximately one week after Urbani Tartufi went to Court all of the requested injunctive relief was obtained as part of the "Settlement Agreement Constituting the Judgment and Order of the Court." An itemized copy of the Court's Order signed by Judge Allyne R. Ross is available upon request.

Urbani Tartufi's specific financial claim for product shipped and another claim for money lent to Rosario Safina has not been initiated yet. Other claims for product shipped to Rosario's Epicureo, Ltd. are pending in New York federal and state courts.

"I believe the excellent result in the trademark case was a result of the Court holding everyone's feet to the fire," said Urbani's NY lawyer, Raymond S. Fersko. "I assume the same will be required to obtain the money judgments."

"It has been a long and arduous process to get our name back from Rosario's," said Olga Urbani, the Director of URBANI TARTUFI s.n.c.

"It is unfortunate that we had to take this legal action to get back our lawful rights to the use of our proud name, but we are most gratified that we now have those rights and that Rosario's can no longer make any claims to them.

"Rosario's clinging to the URBANI MARKS speaks volumes about the importance of those marks and our family's proud tradition so closely associated with the truffle.

"However, good fortune has now come our way that our American cousin Lee Urbani was available to form with us a new exclusive distributor for the U.S. and Canada. The new company is URBANI TRUFFLES USA LTD. In this regard," said Olga Urbani, "our whole family is extremely gratified and we do feel content."

The new CEO of URBANI TRUFFLES USA LTD., Lee Urbani, has a proven record as a top-level business executive working for many years in international transactions. "For more than 100 years the Urbani name has stood for quality. URBANI TRUFFLES USA, LTD. working hand in hand with our family in Italy, through Urbani Tartufi s.n.c., will continue this grand tradition here in America," said Lee Urbani.

URBANI TARTUFI s.n.c
CONTACT: Mary Kelly, Media Relations, [phone] or Lee Urbani,
CEO, [phone], both for URBANI TARTUFI

Web site: http://www.urbanitruffles.com/