PRESS RELEASE: October 20, 2004
Savvier Announces Civil Lawsuits to Stop Unauthorized Distributors from Selling Counterfeit Copies of 6 Second Abs
Temporary Restraining Orders and Preliminary Injunctions Granted in New York and Florida as Savvier Vigorously Prosecutes Its Copyright and Trademark rights
CARLSBAD, Calif., October 20, 2004
Savvier announced today that it has recently been granted temporary restraining and preliminary injunction orders against distributors suspected of illegally distributing counterfeit 6 Second Abs products. Court orders were granted in New York and Florida and prohibit Drop Ship Solutions of Brooklyn, New York and Salco International, of Clearwater, Florida from selling specified Savvier products during the pendency of the action. Savvier is vigorously defending their patent, copyright, and trademark rights on 6 Second Abs in an effort to protect the consumer from inferior quality merchandise. Savvier has also served cease and desist letters against several additional distributors and further investigations and actions are pending as Savvier continues to shut down counterfeiters in an ongoing sweep of companies suspected of selling counterfeit product.
On June 29, 2004, Savvier and private investigators served the temporary restraining order at the offices of Drop Ship Solutions and its owner Mitchell Atiles, an unauthorized reseller suspected of distributing counterfeit 6 Second Ab units. The Court subsequently granted a preliminary injunction against Drop Ship Solutions pursuant to a stipulation between the parties. On July 26, 2004 a temporary restraining order was granted and served upon Salco International and its owner Sal Maggio at their offices in Clearwater, Florida. On September 24, 2004, the parties agreed to a preliminary injunction that was granted by the Court. Legal proceedings against both companies are ongoing, including Savvier's claims for monetary damages.
"Savvier is committed to aggressively locating and shutting down any distributors or re-sellers of counterfeit 6 Second Ab products. Savvier is proud of the high product quality of all of their products and do not want inferior quality products being sold to customers because in the end it's the customer that is being ripped off by the counterfeiters" said Jeffrey Tuller, President of Savvier. Savvier has an extensive system in place to identify and stop counterfeit products from being sold. Mr. Tuller also commented that "Little do these people know that we have eyes everywhere. We are currently prosecuting cases where we have digital images of street vendors and license plates where we track the sources back through the supply chain throughout the U.S. and China and shut them down with the help of private investigators skilled in this type of work.
"The primary culprits attempt to sell on the Internet or as street vendors or at swap meets. If a customer is unsure of whether products being sold on the internet are legitimate, a safe place to shop is the official website for 6 Second Abs at www.6secondabs.com or an authorized retail location" said Stuart Turner, Product Manager at Savvier.
Savvier has noted that the counterfeit products are clearly of inferior quality and contain DVD's that simply do not work. "It is shocking to me that despite the risks to both themselves and to the consumers who buy product, companies continue to try to pass off counterfeit product," said Joseph P. Costa, of Costa, Abrams & Coate LLP, Savvier's attorneys. "The lawsuits that we have brought and that we will continue to bring will require these resellers to shoulder some of the responsibility for the potential harm they've brought to consumers and honest resellers of Savvier product."
Savvier has noticed several identifying marks on the counterfeit 6 Second Abs units that can help distinguish them from the authentic 6 Second Abs:
- Prices that are well below the televised advertised price of $59.90. These may indicate counterfeit product which is of inferior quality.
- Instructional DVD's Rock Hard Abs and Total Body Workout that simply don't work.
- Interchangeable resistance bands that are of inferior quality and finish.
As part of its efforts to stop the distribution of counterfeit product, Savvier has received commitments of cooperation from Drop Ship Solutions and Salco International that they will provide the identities of those customers who received counterfeit product so that authentic replacement product can be provided to them at the expense of the infringing distributor. "This is part of the goal here, to make sure that purchasers of Savvier product receive product of only the highest quality", said Jeffrey Tuller, Savvier's President.
Savvier was founded in 2002 and is an industry leader in direct response marketing. Its first two long-form infomercials, 6 Second Abs and Bodyflex, were certified #1 hits on both the Jordan Whitney and IMS charts.
Savvier is a registered trademark of Savvier, LP.
Formed in 2002, Savvier has quickly become one of the leading infomercial companies in the industry with expertise in product development, manufacturing, marketing and domestic / international distribution. Savvier has the direct response expertise and financial resources to bring concepts to the marketplace successfully. Savvier develops products in all the major direct response categories, the company specializes in fitness, kitchen, housewares and personal care. For more information visit http://www.savvier.com.
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