ChromaDex Corp. (CDXC)

[Millstone]

Terrific analysis Milarepa! You nailed it. Elysium is playing a dangerous game. If they are getting Niagen from another source, I imagine it can only be:

1. A third-party with a supply agreement with Chromadex;
2. A third-party that is mixing the stuff up on their own.

Evidence points to #2, since the chemical signature was different according to Chromadex's analysis of the contents of Elysium's latest bottles.

So, Elysium would be infringing BIG TIME, and knowingly.

Elysium's claim about the License Agreement is so poor it is maddening. As you point out, there is no requirement that Elysium even USE the trademarks. Elysium is simply purposefully misinterpreting the title of the Agreement itself, and not reading any of the contents of the document. What a farce!

Millstone