Salt Lake City, UT (February 2, 2007) – Tharos Laboratories, Inc. has announced that it has filed a lawsuit (Case No. 2:06CV00757) in Federal Court in Salt Lake City, Utah against Sepracor, Inc. of Marlborough, MA, directed to protect Tharos intellectual property.
Alleged in the Complaint are claims of trademark infringement, false designation of origin and dilution arising under the Lanham (Trademark) Act of 1946, violations of the Deceptive and Unfair Trade Practices Act, and common law unfair competition and trademark infringement. The complaint alleges that Sepracor, Inc.’s advertisements and website related to its Lunesta sleep product has copied several aspects of Tharos’ product, NYTEX® sleep supplement, including identical butterfly designs.
“This is noticeably unfair business practice, in addition to probable infringement,” said Dr. Nikos M. Linardakis, president and CEO of Tharos Laboratories. “As a result, we have filed an action for trademark infringement in violation of the Lanham Act. Our federally registered butterfly trademark and NYTEX® trademark sleep supplement will be protected. We have taken the preliminary steps to put an end to this activity. Our position is to protect our company’s intellectual properties, which include its federally registered trademarks.”
“Tharos Labs will also pursue compensation for damages for alleged trademark infringement and unfair competition,” says Rakesh Amin, of Amin Hallihan LLC and Tharos legal representative. “We are also requesting a permanent injunctive relief under Section 34(a). This includes the broad provision restraining Sepracor from unfairly competing with Tharos in any manner whatsoever.”
Tharos Laboratories, Inc. is an international pharmaceutical ingredient and nutraceutical company focused on isolating, extracting, purifying and concentrating commercially standardized dosages of naturally occurring phytochemical compounds. Using a patented extraction process, high-grade phytochemicals are isolated from fruits and plants such as raspberries, blueberries, and other fruits grown by quality producers. The company’s current product line includes NYTEX® sleep supplement which contains the patent-protected antioxidant Procidin®. Tharos Laboratories’ company motto is “Strength from Nature. Endorsed by Science.”®
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NYTEX® and PROCIDIN® are registered trademarks of Tharos Laboratories, Inc. All other names and trademarks are the property of their respective owners.
For more information contact:
Rakish M. Amin
Amin Hallihan LLC