Orexis Lawsuit, Urban Nutrition and Atlantic Coast Media Group by Ray Sahelian, M.D., author of Natural Sex Boosters and formulator of Passion Rx natural sex enhancer for men and women
A lawsuit was filed in June, 2008 against Orexis, Urban Nutrition
and Atlantic Coast Media Group for Unfair
Competition, Trademark violation, and Libel
After several attempts asking the folks at Orexis to remove derogatory statements made against my trademarked product Passion Rx, and their non-cooperation, I had to resort to filing a lawsuit. fortunately my brother, who is a lawyer, had some free time to devote to this lawsuit which ended quite to my liking.
January of 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.
Ara Sahelian was lead counsel who handled the case
against Andrew Surwilo, Urban Nutrition, Atlantic Coast Media Group, and Orexis.
Representing Doctor Sahelian was Lead Counsel and Trial Lawyer Ara Sahelian of Laguna Hills, CA (949) 859-9200. I was very satisfied with the diligence with which he pursued the case against Orexis and how he persistently followed up with every detail and fact finding. His website is www.sahelianlaw.com
The principal count noted in the complaint filed against against Andrew Surwilo, Urban Nutrition, Atlantic Coast Media Group and Orexix, by Ray Sahelian M.D. in District Court, was a violation of an aspect of Trademark Law called “Initial Interest Confusion”.
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 of 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
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
DATED: March 18, 2009 ____________________________
R. Gary Klausner, US District Judge
Complaint filed in June of 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 include the following
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).
Some of the offending websites that had mentioned Passion Rx reviews include:
The Ladies Choice dot com
Man Tested dot com
Men Tested dot com
The Mens Choice dot com
Sensational dot com
Mens blog talk dot com
Urban Nutrition, LLC302A West 12th St, #276New York, NY 10014
New Jersey State Business Gateway
Corporate and Business Information Reporting
Business Entity Name (Officer Name ) Filing Number Type Code
ATLANTIC COAST MEDIA GROUP, LLC (SURWILO, ANDREW,009) 0600266748 FLC2
BELLEZZA PRODUCTS, L.L..C.(SURWILO, ANDREW, 009) 0600266994 FLC3
INTERNATIONAL HAIR INSTITUTE, LLC (SURWILO, ANDREW, 009) 0400288396 FLC4
HYDROXATONE, LIMITED LIABILITYCOMPANY (SURWILO, ANDREW, 009) 0400280808 FLC5
BELLADERMA, LLC (SURWILO, ANDREW, 009) 0600338541 FLC6
EXCELL NOW, LLC (SURWILO, ANDREW, 009 0600266993
MYDAILYDOSE, LLC(SURWILO, ANDREW, 009) 0600267017 FLC8
GENERAL SCIENCE RESEARCH, LTD (SURWILO, ANDREW, 009) 0100979837 FR9
URBAN NUTRITION, LLC (SURWILO, ANDREW, 001) 0600267015 FLC10
OREXIS, LLC (SURWILO, ANDREW, 009) 0600267016 FLC