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Yes it will be extremely costly. Bottom line is Musclepharm is in clear violation of the patent.
Here's another issue, since all major distributors like GNC, bodybuilding.com, etc. require companies to indemnify them against lawsuits such as this, Musclepharm will be required to also pay the legal expenses of any distributor that gets sued by Thermolife for selling the illegal Musclepharm products.
Musclepharm's legal expenses could be ten fold or more the cost of normal patent litigation.
What is really going to be bad for Musclepharm in this case is that Thermolife contacted Musclepham about their illegal products long before they sued them. This will not sit well for Musclepharm when the judge imposes treble damages.
Look guys, this patent infringement lawsuit is a very big deal. You need to read a little closer what it says. The $75,000 has nothing to do with the actual damages they are seeking. It's simply a minimum arbitrary number for filing purposes.
"By reason of MusclePharm?s acts complained of herein, ThermoLife has suffered monetary damages in an amount that has not yet been determined, but upon information and belief, is substantially in excess of the sum or value of $75,000, exclusive of interest and costs."
Substantially in excess of the sum or value of $75,000!
Lawsuits like this never spell out the exact amount. They have a right to ALL gross procedes from the sale of the infringing product. Then comes the treble damages.
"Due to the intentional nature of MusclePharm?s acts, this is an exceptional case in which ThermoLife is entitled to treble damages, attorneys? fees and costs pursuant to 35 U.S.C. §§ 284 and 285."
"Pursuant to 35 U.S.C. § 284, ThermoLife is entitled to: an accounting by MusclePharm of funds comprising all revenues received through the commercial exploitation of MusclePharm “Creatine”; the imposition of a constructive trust for the benefit of ThermoLife for all such funds in the custody or control of MusclePharm; and to such other damages to which ThermoLife may be determined to be entitled."
This lawsuit will be extremely expensive to defend and very costly to settle. Add this to the ongoing trademark infringement lawsuit and we are talking major UNNECESSARY legal expenses and potential liability into the millions.
Well like I've been saying forever - the Walmart deal has been known for a long, long time.
Now if news just came out that Brad, Cory, and Jeremy were all found dead in a crack house of cocaine overdose, well then the stock would take off.
Management change is what this company needs and that isn't happening, unless of course they all really do overdose on cocaine.
Musclepharm's Michael Vick tops "Most Hated" Athletes list.
http://www.inquisitr.com/192045/michael-vick-tiger-woods-top-most-hated-athletes-list/
It absolutely IS factored in to the current price. Those that don't think so - it's the usual MSLP wishful thinking.
Just wait until they finally reveal the loss they are going to take with each Walmart sell. That's not factored in yet.
Or it could be no one wants to invest in a company ran by two meatheads that are hellbent on fleecing the shareholders through a bonus plan before dollar one has even been made.
Wow, I don't know what to say about any of that. You have to be joking. Please tell me you don't really believe that.
Empire? Way of life? Revolutionizing the sports industry with their supplements? Please, tell me what they sell or what they have done that is revolutionary by any stretch of the imagination - minus yours of course.
They have to dilute - they have NO money. regardless of increasing sales, when you spend more than you make you are constantly going to have to find money to make up the difference. Add to that the theft of shares by management - what is there to expect?
I hope they move to another exchange. That would give us all the opportunity to short the bejesus out of them.
That would be a dream come true. Money in the bank!
You mean the board thinks we are stupid. I think they know exactly what they are doing - padding their pockets before the inevitable.
How do you know?
Either way he's lying. Only Musclegel and Assault are NSF certified. And not all flavors of Assault are.
Musclepharm is lying about all the other products being NSF certified.
Sorry that's not free. Make no mistake, GNC charges every company featured in ads such as that.
I agree. As long as it brings in more money than it costs them to sell it.
In fact, there are many mutil-million dollar nutrition products that have been on the market that did not and do not work.
You are right, it doesn't have to actually work to sell.
Well if Musclepharm comes out with a so-called N.O. supplement they will do so by spitting in the face of published research. So-called N.O. supplements have been proven in clinical trials NOT to work.
http://sportsnutritioninsider.insidefitnessmag.com/2631/yes-or-no-the-final-answer-on-nitric-oxide-no-supplements
In light of this publicly available research, if Musclepharm puts out a supplement that has been proven NOT to work, what will that say about Musclepharm and their remaining credibility?
And please, that stack3d.com site is embarrassing.
No they were introduced before this video was mad. In fat on 2 of there products have ever been NSF certified and only certain lot numbers and flavors of one of them.
This has been a consorted effort by Musclpharm to fraudulently label their supplements to make the unassuming consumer think they are something they are not.
It's an illegal use of the NSF mark that opens them up for trademark infringement and fraud lawsuit from NSF.
It's false advertising and mis-labeling that sets them up regulatory and posible criminal action from the government.
It's unfair trade practice that sets them up for lawsuits from competitors in the industry.
And it's fraud to the consumer that sets them up for individual and class action lawsuits from the consumer.
And think this is the only time MSLP has ever bounced.
See. What did I tell you turokman. Now we are the same person.
Careful turokman, you know you are not supposed to point out anything negative.
Sorry but why do you keep bringing up EAS. They are not fraudulently labeling their products.
Funny how you are basing your opinion on your miss-guided interpretation of a press release and not the actual certification body - NSF.
Yes how silly of anyone to bring up such a non-issue as Musclepharm fraudulently labeling their products. You know with their 6-Stage Research and Testing Protocol. i wonder what else they are scamming on. Maybe this 1 cent stock price is far more realistic than most of you realize.
And Odessa - love the radio-silence when you are asked about the products you have on hand as they relate to NSF certification. Credibility shot.
Well it wouldn't be the first time a press release made little sense.
Just call Lisa at NSF. She'll explain in detail like she did to me. Then you will agree.
I know for a fact that NSF does all it's own testing and does not accept Informed Choice testing for anything they approve. They are completely independent of one another.
Here's the NSF contact info. She will explain how Musclepharm, against NSF policy and acceptance, have fraudulently placed the NSF certification logo on products that have not passed certification.
Lisa Thomas
Business Unit Manager
Dietary Supplements & Sports Nutrition
NSF International
789 N. Dixboro Rd.
Ann Arbor, MI 48105
Phone: 248-249-2005
Fax: 734-827-7819
Email: lthomas@nsf.org
NSF and Informed Choice are two completely separate and non-collaborating entities.
So they had the NSF certification logo on products other than Musclegel and Assault?
Odessa can you confirm for us that the Musclepharm Combat you has the NSF Certification logo on it please?
How about posting a picture for all of us to see.
TIA
You seriously want to argue this? SMH
Here you go:
http://www.nsfsport.com/listings/certified_products_results.asp
That's the NSF list. Scroll down to the 7 or so One A Day vitamins that are listed. There are numerous more on the list as well.
Steadymobbin - you are wrong. NSF does not allow the NSF certification logo on any product that has not passed their NSF certification program. And why would a muti-vitamin be exempt and a protein not?
It appears Musclpharm has taken the liberty to put the NSF logo on all their supplements even though only two have been approved to have it.
And as far a Assault goes, according to the NSF, only one lot or batch has been approved.
Odessa, since you won't post a photo can you please tell us if the NSF Certification logo is on the Musclepharm Combat protein you have?
Bulldog2 I don't "thrive" on anything that goes wrong. Look we have many positive posters on here. And that's great! There are a few on here with bit more skepticism. You don't have to agree with them but at least you get both sides of the picture.
Not sure why you want to attack me and call me names when I'm just posting real information that certainly could impact your investment.
Bulldog2 - no I don't work for a competitor and no I'm not trying to destroy MSLP. When I invest in a company I like to know the good and the bad that exists with that investment.
The NSF labeling issue is BIG and it effects everyone that has a stake in this company.
Well since you post images on a constant bases please do us all a favor and post a picture of the NSF certification on the Combat label.
Odessa99 I see that you have a couple of containers of Musclepharm Combat. Can you confirm that it has the NSF certification logo on it?
Please post a picture for us.
The evidence is Musclepharm putting the NSF certification on products that are not NSF certified.
Pretty cut and dry actually.
Looks like Musclepharm is fraudulently labeling some of their supplements with the NSF certification mark. just like I thought.
This is not good. This sets them up for potential lawsuits and certainly kills there credibility. The negative publicity could be disastrous.
It's all good chief. I'll ask for help next time. I mean you are a doctor. ;) ;)
So now you understand? Good chief. I was beginning to worry about you. That whole broccoli rambling threw me for a loop.
Why are you hung up on just the multivitamin? Are you saying that just because it's a "simple multivitamin" it's OK if they lie about the certification?
Look, they are claiming ALL their products are NSF certified. I emailed the MP contact listed on the NSF website and he said ONLY Musclegel and Assault were NSF certified. Please read that several times so you get a more clear picture here.
And NO MP itself is NOT NSF certified. That's not how it works.
They are claiming ALL their supplements are NSF certified and have logos on them saying they are when clearly they are NOT. This is outright fraud.
This opens them up to consumer class action lawsuits, competitor unfair trade practice lawsuits, and government regulatory fines and recalls and possibly even criminal charges. Whitewash it as much as you want but this is not good for the shareholder period.
Well I hope so.
I can guarantee you that the NSF would certainly take legal action if the are using their logo on products that are not certified. That completely negates NSF's credibility of their certification process if they allow it. And credibility is the whole thing the NSF stands on.
jwblue74 has it.
jwblue74 can you post a picture?
I went by GNC last night to snap a picture but they didn't carry any Musclepharm supplements.
It's a very serious issue that will effect us all if anything is made of it.