Orexis Lawsuit by Ray Sahelian, M.D.

Lawsuit filed in June 2008 against Orexis and Urban Nutrition for Unfair Competition, Trademark violation, and Libel
Andrew Surwilo and Atlantic Coast Media Group were served in January 2009

Jan 2009
Andrew Surwilo and Atlantic Coast Media group are added to the lawsuit and served. Andrew Surwilo is agent of service for Orexis, Urban Nutrition, and Atlantic Coast Media Group.

Andrew Surwilo is agent of service to these companies
Atlantic Coast Media Group, Llc and Flc, has a business entity in Hoboken, New Jersey
Longevity, Llc and Flc, has a business entity in Hoboken, New Jersey
Orexis, , Llc and Flc, has a business entity in Hoboken, New Jersey
Urban Nutrition, Llc and Flc, has a business entity in Hoboken, New Jersey

March 2009
Case 2:08-cv-03561-RGK-CT Document 59 Filed 03/18/2009

In accordance with the provisions of Rule 68 of the Federal Rules
of Civil Procedure, IT IS ORDERED AND ADJUDGED that
defendants, OREXIS LLC, URBAN NUTRITION LLC, EXCELL NOW LLC,
ATLANTIC COAST MEDIA GROUP LLC, and ANDREW SURWILO
(collectively "Defendants"):
1. Pay Plaintiff, Ray Sahelian, M.D., $75,000.00, inclusive of
all damages of any form, including attorney's fees,
liquidated damages, and interest;
2. Are enjoined from:
A. further purchase of keyword advertising triggered by
the words "Passion RX” and "Sahelian" on any
Internet search engine;
B. use of the terms "Passion RX” and "Sahelian" in
metatags on websites operated by them; and
C. publication of reviews of "Passion RX” and any other
product sold by Sahelian on any websites operated
by them.
DATED: March 18, 2009 ____________________________
R. Gary Klausner, US District Judge

Attorney
Ara Sahelian was one of the attorneys who handled the case against Andrew Surwilo, Urban Nutrition, Atlantic Coast Media Group, and Orexis.

Complaint filed in June 2008
Plaintiff Ray Sahelian, M.D. hereby alleges the following for his compliant against Orexis, Urban Nutrition, and Excell (Defendants).

Nature of the case
Defendants' websites misappropriate Plaintiff's name and reputation for purposes of commercial gain. Defendants' conduct directly and secondarily infringes on the trademark owned exclusively by Plaintiff, which is the subject of valid certificates of trademark registration from the Register of Trademarks. The infringement of Plaintiff's trademark is based on Defendants' use of Plaintiff's trademarks and name as keywords or metatags in online advertising.

Defendants
Defendants Orexis, Urban Nutrition, and Excell, are business entities the forms of which are unknown to Plaintiff. Upon information and belief, Orexis, Urban Nutrition, and Excell operate a number of cross-linked websites, the most prominent of which is www orexis com. Orexis, Urban Nutrition have their principal place (s) of business in the state of New York and New Jersey.
   Defendants sell libido enhancing products online. In order to direct traffic to their web sites, and upon information and belief, Defendants operate a network of interlinked "informational" webpages that seemingly provide unbiased commentary and analysis of health related products. The underlying purpose of these "informational pages" is not to disseminate information, but instead to direct traffic towards their own sites. Moreover, some of Defendants' informational pages disparage competitor's product(s) or the reputation of persons associated with said product(s).