Statement Regarding Awakend’s Exclusive Rights to ZENITH
The MLM world is abuzz pending the launch of a new product from Awakend under the new tradename Zenith. Zenith is a revolutionary weight loss product. The product is manufactured from the original formula that has been clinically tested by the University of Connecticut (UCONN ). This product was originally studied and published under the tradename Trisynex. Zenith is a relaunch of the original product, manufactured using the original formula. The product was clinically tested by UCONN, under exclusive license rights from the successor company to the owner of the clinical study, the formula, and the trademark of Trisynex, TriPharma LLC.
This revolutionary weight loss product has proven to be highly effective at reducing the production of leptin. This results in dramatic weight loss as demonstrated by the UCONN study. As a result, several third parties have sought to acquire, infringe upon, and even adulterate the product. Which has resulted in years of litigation, and held up the relaunch of the original product – until now.
Trisynex was one of the Trade Names
Trisynex, one of the trade names originally utilized to market the revolutionary weight loss product. This product was developed based on United States Patent No. 6,899,892 entitled” Methods to Reduce Body Fat” (“892 Patent ” ). This has been utilized by TriPharma LLC in the marketing and sale of TriPharma’s weight loss product since 2007. TriPharma, a company based in Laguna Beach, California. TriPharma won confirmation of the exclusive rights. They also won a nearly a $4 million judgment for fraud against now defunct company Imagenetix, Inc. in 2012.
Those rights were further confirmed by a 2013 injunction. Nearly $4.5 million judgment for fraud against infringing parties Roger Catarino personally. The judement includes his companies First Fruits Business Ministry, LLC, and now defunct First Fruits Beverage Company, LLC. TriPharma LLC has fought to defend those rights against baseless claims and fraudulent activities by Mr. Catarino and the First Fruits infringers. They are seeking to enforce the 2013 Judgment that has grown, with interest, to over $ 7 million. This ammount is still unpaid by Mr. Catarino and the First Fruits infringers .
Further Confirmation of Exclusive Rights
TriPharma gained further confirmation of its exclusive rights to manufacture, market and sell products based on the ‘ 892 Patent in 2014. They also as well as complete ownership of the Trisynex trademark and clinical studies that tested the product under the tradename Trisynex. TriPharma’s ownership over the clinical studies, and the original product and formula utilized to manufacture the original product cannot be disputed. The trademark Trisynex, however, has continued to come under attack from infringers Roger Catarino and First Fruits.
In 2018, following a failed notice of lapse to TriPharma from the USPTO, Mr. Catarino and the First Fruits infringers filed to register the trademark Trisynex in effort to steal the tradename and create uncertainty where none existed. TriPharma immediately filed its challenge to the First Fruits filing. The filing is currently pending with the USPTO Trademark Trial and Appeal Board.
TriPharma has been in continuous use of the Trisynex trademark since 2007 to market and sell the original product. TriPharma anticipates a favorable result restoring its ownership of the Trisynex trademark. They also has pending litigation against Mr. Catarino. The First Fruits infringers in the Central District of California, and a pending collection action in South Carolina to enforce and collect the over $7 million Judgment against Mr. Catarino and First Fruits.
Zenith is the new Trade Name
TriPharma, however, seeking to avoid any further litigation over this revolutionary product, and to finally relaunch the product to the public. Now rebranded the company, and entered into a licensing agreement with Awakend. Awakend has rebranded the original product studied at UCONN under the tradename Trisynex as Zenith. Zenith is the new tradename for the identical product. The product is manufactured using the original formula utilized to make the original product based on the ‘892 Patent, and clinically studied by UCONN.
Zenith is the same product, rebranded for Awakend under the trade name Zenith. Zenith will be widely available to the public based on the original formula studied by UCONN. Awakend is the only company granted the exclusive rights to market and sell the original product utilizing the original formula. This formula was clinically studied by UCONN under the tradename Trisynex, rebranded as Zenith.
TriPharma, and its successor company, Vietal Nutrition, LLC, along with Awakend are excited to be able to finally relaunch the product to the public. TriPharma will continue to enforce its rights. They will rid the marketplace of fraudsters and infringers who have sought to delay the product from being available for use and benefit by the public.
Any other party, including Mr. Catarino and the First Fruits infringers, marketing a product using the UCONN clinical study owned by Vietal Nutrition, and licensed to Awakend, is infringing upon Vietal/Awakend’s intellectual property rights. It will be cleansed from the marketplace to prevent confusion and harm to the public.