New York-based Nutrition21, LLC has announced the conclusion of a dispute with MythLabs (New Jersey) following MythLabs’ agreement to cease any further intellectual property (IP) infringement of Nutrition21’s ingredient Nitrosigine.
Nutrition21 discovered a product being sold in the marketplace, MythLabs Pump, that claimed to include the NO (nitric oxide) booster Nitrosigine without a purchase and trademark license agreement. Upon further investigation and product testing, Nutrition21 confirmed MythLab’s Pump product did not contain Nitrosigine despite using the trademark on the bottle.
As a part of this resolution, MythLabs confirms the following actions:
- Removal of all misleading product from the retail marketplace
- Destruction or disposal of any remaining inventory of MythLabs Pump
- Barred from selling any product that utilizes the Nitrosigine mark without a license
Nutrition21 stated it has made considerable investments in R&D, safety and efficacy studies, patents and consumer education and is aggressive in policing the marketplace for infringing products. “These products cheat the consumers who have purchased them and compete unfairly with brands that produce products that contain the ingredients that are listed on their labels” said Sara O’ Brien, general counsel, Nutrition21. “Nutrition21 has a robust portfolio of patents, trademarks and copyrights across the globe, and we have a successful track record of enforcing and protecting our IP.”
“We are doing our part in bringing efficacious products to the market, as well as leaving no stone unturned when it comes to getting fraudulent products removed that infringe on our IP,” added Joe Weiss, president of Nutrition21. “I suggest that any ingredient supplier with patented products take a look at the CertainT program that we have launched this year.”
In February of 2020, Nutrition21 was the first company in the dietary supplement industry to adopt CertainT, a technology solution by Applied DNA Sciences designed to protect the IP of ingredient suppliers. This state-of-the-art solution provides Nutrition21 the ability to identify its ingredients through the global supply chain from raw material to finished products in retail and e-commerce. CertainT supports Nutrition21’s investment in brand and IP protection for its ingredients and its customers’ final products.
For more information, visit www.nutrition21.com.