PISCATAWAY, NJ, December 22, 2004 - A Missouri federal court has dismissed the declaratory action filed by Creative Compounds against Sabinsa Corporation with regard to Sabinsa's trademark Forslean®.
In August 2004, Sabinsa Corporation sent a cease and desist letter to Creative Compounds of Missouri after discovering the company was selling an extract of the Coleus forskohlii root under the name Forsthin. Sabinsa sought to stop the use of the Forsthin name and recover damages for its use to date. Sabinsa has also filed a lawsuit in New Jersey federal court against Creative Compounds, and that action is continuing.'
The Missouri court ruled that Creative Compound's declaratory action served "no purpose other than to deprive Sabinsa, the real plaintiff in this dispute, of its choice of forum." The purpose of the Declaratory Judgment Act is to provide a remedy that will prevent accrual of damages and give parties threatened with liability a chance to bring an action immediately to limit its damages.
"According to the ruling, it was clear from the cease and desist letter that Sabinsa was prepared to file suit if Creative failed to comply and therefore it wasn't necessary to file the declaratory action," said James Hulme, a partner at Arent Fox, the law firm that represents Sabinsa.
"We are prepared to protect our intellectual property and the rights ensured to the owner of such intellectual property," stated Mark Sysler, senior executive vice president, Sabinsa. "It was encouraging to see that the courts agreed with us in our position there."
ForsLean is a proprietary extract derived from Coleus forskohlii roots, a plant native to warm temperate habitats including India. Coleus forskohlii is the only known plant source of forskolin, a natural compound that has been shown to increase lean body mass and help optimize body composition through cAMP activation. Sabinsa holds U.S. Patent #5,804,596 (international patents pending) for the use of forskolin as a weight management ingredient and manufactures and supplies various extract strengths for use in a variety of supplements and products. For more information visit www.forslean.com.
Sabinsa Corporation, founded in 1988, is a manufacturer and supplier of herbal extracts, cosmeceuticals, minerals and specialty fine chemicals.
Sabinsa's mission is to provide alternative and complementary natural products for human nutrition and well-being. Over the past nine years, Sabinsa has brought to market more than thirty standardized botanical extracts and privately funded several clinical studies in conjunction with prestigious institutions in support of these products. With more than thirty scientists working full time conducting ongoing research both in India and the United States, Sabinsa continues to develop and patent phytonutrients for the world market. All products intended for human consumption are certified Kosher. For more information visit www.sabinsa.com
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