Updated Notice to Our Customers
Some months ago we sent you a notification to make you aware that we are not affiliated in any way with the company Alurent Products, Inc. (Alurent) which has been using the term "herbalalchemist" on its products. Our trademark is "Herbalist & Alchemist". More recently, we updated you on the progress we have made in enforcing our trademark. Today we have another update on that matter to share with you.
On March 8, 2017, the US District Court - Southern District of New York granted Herbalist & Alchemist ("H&A") a Default Judgement and Permanent Injunction against Alurent Products (who owns the brand Herbal Alchemist) and Will Clarent (President) finding them liable for:
- false designations of origin and false descriptions or representations of their goods tending to falsely describe or represent the same;
- false, deceptive and misleading descriptions and misrepresentations in commercial advertising; labeling and marketing, which misrepresent the nature, characteristics and qualities of their products in interstate commerce;
- unfair competition and passing off;
- bad faith cyberpiracy;
- violation of New York Common Law Unfair Competition; and
- violation of Section 349(a) and (h) and 350 and 350-a of the New York General Business Law.
In addition, Defendants, and all others working with or for the Defendants, were permanently enjoined and restrained from:
- imitating, copying, or making any other infringing use or providing services bearing H&A's trademark ("Mark");
- providing, producing, distributing, offering for distribution, circulating, selling, offering for sale, advertising, importing, promoting, or displaying any services bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of bearing H&A's Mark;
- using any simulation, reproduction, counterfeit, copy, or colorable imitation of bearing H&A's Mark in connection with the provision, distribution, offering for distribution, circulation, sale, offering for sale, import, advertisement, promotion, or display of any services not authorized or licensed by H&A;
- using any false designation of origin or false description which can or is likely to lead the trade or public or individuals erroneously to believe that services have been provided, offered, circulated, sold, offered for sale, advertised, promoted, displayed, licensed, sponsored, approved, or authorized by or for H&A, when such is not true in fact;
- publishing, displaying, distributing or using, permitting or entering into or performing any agreement for the publication, display, distribution or use of false, deceptive or misleading advertisement and labeling of its products;
- engaging in any other activity constituting an infringement of bearing H&A's Mark, or of bearing H&A's right in, or right to use or to exploit its Mark; and
- assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to above.
In addition, the Court further ordered and directed Defendants to:
- bear the obligation and expense of publication, display distribution and dissemination of corrective advertising to dispel the false, misleading and deceptive advertising already communicated to the public and H&A's customers;
- destroy of all labels, signs, prints, packages receptacles, advertisements and promotions in the possession of Defendants bearing the Herbalalchemist name; and
- forfeit to Plaintiff or cancel the domain name "herbal-alchemist".
Additionally, on September 18, 2017, the US District Court in the Southern District of New York issued another order directed toward the display, advertisement, or other presence of Herbal Alchemist material on third-party websites, including social media accounts. The Court also ordered that the telephone number associated with Herbal Alchemist be disconnected and gave H&A control over the www.herbal-alchemist.com website.
We have been taking substantial action to enforce these orders and are in the process of removing infringing online references to Herbal Alchemist. While we are making progress, it may take some time to fully enforce these court orders. Please always check our website http://www.herbalist-alchemist.com to make sure a product you are considering buying is in fact our product, and made to our high standards.
We have also become aware that coupons for discounts on H&A products have been appearing on third-party websites. These coupons are not authorized and were not posted by H&A. Only coupon codes provided on the H&A website itself are legitimate. We apologize in advance for any inconvenience regarding the invalid coupons.
We appreciate your loyalty and vigilance in this matter.
Beth Lambert CEO Herbalist & Alchemist