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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, +1-609-977-7924 or Lee Urbani,
CEO, +1-215-699-8780, both for URBANI TARTUFI
Web site: http://www.urbanitruffles.com/
There has been a lawsuit with Urbani, which settled recently. UBNI had to give up all the Urbani trademarks etc., and must have found another truffle supplier.
I love truffles.
URBANI HOLDINGS INC filed this 10KSB on 05/27/2003.
Item 3.Legal Proceedings.
On January 31, 2003, a complaint was filed against Rosario's Epicurio
Ltd. by Nuova Casa Del Fungo E Del Tartufo SRL in United States District Court,
Eastern District of New York. The complaint alleges among other things breach of
contract and unjust enrichment against Rosario's. The plaintiff is demanding
$1,024,821.61, together with prejudgement interest, costs, expenses, etc. and
such other relief as the court deems just and proper.
On January 10, 2003, a complaint was filed against Rosario's Epicurio
Ltd. by Cibo Vinum Import SRL in United States District Court, Eastern District
of New York. The complaint alleges among other things breach of contract and
unjust enrichment against Rosario's. The plaintiff is demanding $487,666
together with prejudgement interest, costs, expenses, etc. and such other relief
as the court deems just and proper.
On March 12, 2003, a complaint was filed against the Company by Urbani
Tartufi S.N.C. in Eastern District of New York court. The complaint alleges
trademark infringement, dilution, unfair competition and violation of the
Anticyber Squatting Consumer Protection Act.
Other than above, there are no material legal proceedings pending or,
to the Company's best knowledge, threatened against the Company.
Still awaiting your reply...
And which "accusation" are you talking about?
Presuming your accusation was correct............
So, posting about Urbani website errors, which you put up in the first place is verboten, hollen?
I just want to be clear what you think the rules are at IHub. Also, please stop talking about anything off topic.
And which "accusation" are you talking about?
Presuming your accusation was correct............
TOS - you really need to learn to respect the people who post here.
This is NOT the correct website hollen - why don't you correct it since you seem to be the one in charge of those little things..
Websites: http://www.urbani.com/
WHICH website are you talking about?
Oh well, the DD'rs can find all that 'hoopla' on the website anyway - so no big deal.
You deleted my request that you update the Urbani information?
WHY?
SO hollen - why don't you update this?
Started By: ToshacH
Assistants: jmhollen
Created: 7/15/2003 3:31:18 AM
Urbani Holdings, Inc. ( OTCBB: UBNI ): The story of the Urbani Truffle Company and the Urbani family passion for the truffle begins during the middle ages with our ancestors gathering this delightful natural product of the earth. We have recorded information dating from the 17th century that traces the Urbani family's direct involvement in truffle harvesting and distribution through out Europe, a practice which has continued through the present day.
Websites: http://www.urbani.com/ -- http://www.shopdarosario.com/
Stock Quote: http://www.pcquote.com/stocks/QuoteDirect.php?ticker=ubni
Recipes from Rosario Safina’s book “Truffles, Ultimate Luxury Everyday Pleasure”
MINI GRILLED CHEESE SANDWICHES WITH TRUFFLE CHEESE
SUMMER TRUFFLE FRITTATA WITH ITALIAN FONTINA CHEESE
GRILLED DUCK BREASTS WITH TRUFFLE HONEY
http://www.shopdarosario.com/recipe.asp
TOS jmhollen - unwarranted deletions.
The information in post 1 is out of date - Websites: http://www.urbani.com/ is not the correct web site, and the narrative below also needs reviewing and updating, in the interests of accuracy.
Started By: ToshacH
Assistants: jmhollen
Created: 7/15/2003 3:31:18 AM
Urbani Holdings, Inc. ( OTCBB: UBNI ): The story of the Urbani Truffle Company and the Urbani family passion for the truffle begins during the middle ages with our ancestors gathering this delightful natural product of the earth. We have recorded information dating from the 17th century that traces the Urbani family's direct involvement in truffle harvesting and distribution through out Europe, a practice which has continued through the present day.
Websites: http://www.urbani.com/ -- http://www.shopdarosario.com/
Stock Quote: http://www.pcquote.com/stocks/QuoteDirect.php?ticker=ubni
CURRENT BUSINESS INFORMATION: Urbani Holdings, Inc., (formerly Sattel Global Networks, Inc.), is a specialty food distributor of truffles, caviar, wild mushrooms, smoked fish and specialty game and foie gras to fine restaurants. The Company sells its products to gourmet shops, supermarkets, wholesalers, distributors and private retail customers througout the United States.
http://www.knobias.com/individual/public/quote.htm?aff=IHUB&ticker=UBNI
jmhollen TOS
About Us
For over 20 years, chefs at the finest restaurants have relied on one person to bring them the highest quality truffles, and truffle products: Rosario Safina.
During his time as President of Urbani USA, Rosario became the driving force behind the popularization of truffles, and its transformation from elite luxury to everyday staple for millions of food lovers across the country. His depth of knowledge on the subject, along with the publication of his book “Truffles” in 2002, made him a noted authority and frequent guest expert for the likes of Martha Stewart Living, the New York Times, Vogue and CNN.
Rosario has a history of landmark product introductions and innovations in the United States:
1984 First importer of Fresh Truffles on a weekly basis
1985 Introduced Truffle Oil
1991 Introduced Truffle Butter & retail line of Truffle Oil and Porcini
1994 First importer of South African Porcini
1998 One of the first importers of Iranian Caviar
2002 Author of the first U.S.-published book on Truffles
Now he’s embarking on a personal journey, bringing his undying passion for fine foods, his unending quest for the new and exotic, and his unmatched expertise to launch his own eponymous line – da Rosario.
With a wide variety of products to suit and tempt every taste, the da Rosario line debuts with truffles, caviar, american paddlefish, american caviar, russian caviar, iranian caviar, fresh truffles, truffle oil, Foie Gras, Smoked Fish and Wild Game.
Be among the first to savor the possibilities, and find out why the first name in truffles has the last word on fine foods.
http://www.shopdarosario.com/
URBANI HOLDINGS INC filed this 10QSB on 06/20/2003
Item 1. Legal Proceedings
Other than as previously disclosed in the Company's Form 10-KSB for the year
ended December 31, 2002, the Company is not a party to any material legal
proceedings.
URBANI HOLDINGS INC filed this 10KSB on 05/27/2003.
Item 3.Legal Proceedings.
On January 31, 2003, a complaint was filed against Rosario's Epicurio
Ltd. by Nuova Casa Del Fungo E Del Tartufo SRL in United States District Court,
Eastern District of New York. The complaint alleges among other things breach of
contract and unjust enrichment against Rosario's. The plaintiff is demanding
$1,024,821.61, together with prejudgement interest, costs, expenses, etc. and
such other relief as the court deems just and proper.
On January 10, 2003, a complaint was filed against Rosario's Epicurio
Ltd. by Cibo Vinum Import SRL in United States District Court, Eastern District
of New York. The complaint alleges among other things breach of contract and
unjust enrichment against Rosario's. The plaintiff is demanding $487,666
together with prejudgement interest, costs, expenses, etc. and such other relief
as the court deems just and proper.
On March 12, 2003, a complaint was filed against the Company by Urbani
Tartufi S.N.C. in Eastern District of New York court. The complaint alleges
trademark infringement, dilution, unfair competition and violation of the
Anticyber Squatting Consumer Protection Act.
Other than above, there are no material legal proceedings pending or,
to the Company's best knowledge, threatened against the Company.
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, +1-609-977-7924 or Lee Urbani,
CEO, +1-215-699-8780, both for URBANI TARTUFI ...
Web site: http://www.urbanitruffles.com/
http://news.findlaw.com/prnewswire/20030506/06may2003172717.html
Why did you delete my post of the same article from Gourmet News and repost it under your own name, hollen?
I know you did, and it's easily proved, in spite of your minor format changes.
Urbani Truffles relinquishes name in U.S. legal settlement
Lawsuits seek millions in back payments
By Lisa Wolff
BROOKLYN, N.Y. - Rosario Safina, president of Rosario d’Epicureo, settled a trademark infringement, unfair competition, anti-dilution and anti-cyber-squatting lawsuit in U.S. District Court for the Eastern District of New York here April 10, relinquishing the Urbani name to Urbani Tartufi, the Italian supplier of truffles and gourmet foods.
Urbani's truffle oils.
Until last fall Safina had been conducting distribution business from his offices in Long Island City, N.Y., and Culver City, Calif., under the trade names Urbani Holdings Inc., Urbani Truffles USA and Urbani Truffles and Caviar USA, since 1983.
According to the settlement agreement, Safina was to cease all sales and marketing activities relating to the Urbani name or company logos by May 10, with the exception of the porcini mushrooms, which is to cease by July 9. The settlement also requires Safina to transfer the Web sites www.urbani.com and www.urb-aniusa.com to Urbani Tartufi, and to change his company’s ticker symbol from UBNI. Safina said he was selecting a new ticker symbol at press time.
“Urbani was concerned about (Safina) putting the Urbani label on products that were not supplied by Urbani,” said Raymond Fersko, managing member of New York-based Ferskos LLC, the plaintiff’s attorney. Urbani submitted proof to the court that Safina was selling assorted dried mushrooms, caviar and other gourmet foods with the Urbani name and logos, which were not supplied by Urbani.
“We didn’t want to arrive to this serious point with Rosario, but we were forced by his ‘un-understandable’ behavior, years of shipments without any payment and unfaithful competition while my family treated him as a son,” said Olga Urbani, director of Urbani Tartufi in Italy. “He was for me like a brother, and we have built together very much during the years...life is hard to believe sometimes.”
Urbani’s new exclusive distributor is Urbani Truffles USA Ltd., based in New Wales, Pa. Lee Urbani is president of the new entity. (See related story on page xx.) He is nephew of Paul Urbani, who first introduced Urbani products to the United States in 1946 and who represented the line until Safina took over in 1983.
“We had to get it done quickly to get the confusion out of the marketplace,” said Lee Urbani, in relation to the trademark settlement.
Four other lawsuits, totaling nearly $2 million in back payments from Safina, are pending: two in U.S. District Court for the Eastern District of New York, one in Civil Court of the City of New York, County of Queens, and one in Supreme Court of the State of New York, County of Queens. The lawsuits were filed by four different truffle suppliers, based in Geneva, Barcelona and Umbria, Italy. The two Italian suppliers are owned by Urbani Tartufi. According to Fersko, another $1 million is owed to Urbani Tartufi and the Urbani family, but has yet to be filed in court.
“The marketplace had some confusion in the last one and a half years, when Rosario stopped his payments, about why the products were not delivered. This reflected poorly on our family name,” said Lee Urbani.
Safina claimed the delay in shipments was caused by a tax evasion dispute with the Italian government that froze all assets at Urbani Tartufi.
“There was never an issue with Rosario respecting the timeliness of the shipments for which he owes millions of dollars,” said Fersko. “In addition, he has signed written acknowledgements expressing not only the obligation to pay, but also confirming receipt and total satisfaction for the shipments, both for punctuality and quality. The only delay that Rosario Safina has mentioned is in the context of his apology for, acknowledgment of and recognition of the damage he has caused as a result of the delay in payment.”
Fersko further acknowledged a dispute Urbani had with the Italian government regarding value-added taxes, which were settled April 26 by way of a mutually agreed upon payment by Urbani Tartufi “without admission of liability.” He said the tax proceeding did not effect product shipments.
Safina said he believes the debt claims fail to take into account payments and credits to which his company is entitled and the “true obligation” is closer to $400,000.
Safina’s attorney, Carl Soller, of New York-based law firm Hodgson Russ LLP, said the financial claims, as high as $3 million in back payments, are “tremendously overstated” and noted “we have not gotten any documents verifying the amount of the monies owed.”
According to Fersko, Urbani Tartufi has signed acknowledgements by Safina of nearly $2 million of debt owed to Urbani, witnessed by an Italian notario, an appointed official who oversees the signing of official documents and ensures the signing parties understand what they are signing. He further said Safina has called in a writing analyst to dispute his signed acknowledgment of the debt.
Safina said the financial claims “are not true at all” and that the proof of his signed acknowledgements of debt “will be seen the day we are in court.”
Fersko said initial business settlement proceedings were scheduled for mid-May.
http://www.gourmetnews.com/2003.06/depts/gn/topstory5.htm
In This Section
Rounds?
Is this a quotation board now? Do you have anything relevant to LETH?
I see...you advocate asking questions - as did Einstein - but you can't or won't answer questions about LETH?
"Reasonable men accept the status quo. Unreasonable men try to change the status quo. Therefore all progress is made by unreasonable men"
George Bernard Shaw
If you want to swap quotations, I have thousands available. However, bear this thought in mind:
"If you have to resort to using quotations to say something, it is because you have nothing original of your own to say."
Anonymous
Now, stop the childish sniping and either answer questions or stop inviting them.
Thought for today..since those questions to you go unanswered, do you think LETH will reveal the details of all those claimed sales, and will they provide verifiable references to the claimed customers listed in those LETH PRs that you cut and pasted?
Still waiting for your answers, chcr
"Viatka Scientific Archive Commission" - why would a scientific archive commission be buying Biospheres from LETH?
Now that you have done that, how about answering my questions about the other LETH PR you posted?
I see you are answering a deleted message. What was the message?
Define "slanted commentary" and give me an example of anything which is not factual from any of my LETH posts here...
And, when you want to post something factual about LETH without your slanted commentary - feel free.
Pedantry from you is not what I asked for jmhollen. Why are you so reluctant to discuss LETH on a LETH discussion board?
Your such a pedant. Try answeing my LETH questions on this board/thread.
As for your help in designing anything I'll pass. Your designs here are obvious.
Is the lack of replies to questions about LETH, put to you and your sidekick, while you indulge yourselves in pettiness and sniping, part of the plan for this LETH board?
What is the purpose of this LETH board jmhollen?
Another LETH thread for DD posts coming up...enjoy the dictator's role here,
Have you got an answer to my question about LETH and Alia Holdings yet? Your first post was the PR, so maybe you can exlain it...
Who or what is Alia Holdings S.A., and where are they located?
Posted by: chcr
In reply to: None Date:6/4/2003 2:23:41 PM
Post #of 103
Press Release Source: Life Energy & Technology Holdings Inc.
Life Energy & Technology Holdings Inc., Retires 5,000,000 Shares of Stock to Treasury
Monday June 2, 12:21 pm ET
UTICA, N.Y., June 2, 2003 (PRIMEZONE) -- Life Energy & Technology Holdings, Inc. (OTC BB:LETH.OB - News) (Deutsche Borse DE:LFT) has made an agreement with its subcontract manufacturer Alia Holdings, S.A.
Alia is the holder of five million shares (5,000,000) of LETH's Series B Preferred Stock. These shares were used as collateral against manufacturing, research & development, shipping, installation cost and other expenses incurred on behalf of LETH. Alia was reimbursed, as part of this agreement, for the return to LETH of the five million (5,000,000) shares.
For someone who claims he is not interested in LETH he's trying very hard to stop DD posts.
It's time you stopped trying to choke off discussion about LETH.
Censorship?
Quick deletions -how convenient
I see...you can indulge in petty insults and personal attacks. and your sycophantic sidekick can do the same, and that's OK? I don't think so, and it's time both of you showed more maturity.
It's a discussion board, not your personal touting haven.