Hi-Tech Pharmaceuticals Files Lawsuit Against Dynamic Sports Nutrition and Brian Clapp Over Racketeer Influenced and Corrupt Organizations (RICO) and Deceptive Trade Practices

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Sep 30, 2015, 07:00 ET

ATLANTA, Sept. 30, 2015 /PRNewswire/ -- A lawsuit has been brought over Racketeer Influenced and Corrupt Organizations (RICO), trademark infringement, and deceptive advertising allegations involving Dynamic Sports Nutrition's "bogus" steroids alternatives, D-anabol 25 DECA 200, TREN 75, and Pituitary Growth Hormone products. The lawsuit alleges that BuySteroids.com is a criminal enterprises riddled with false and deceptive advertisements. Brian Clapp, the owner of Steroid.com; Anabolics.com; Dianabol.com; BuySteroids.com; RoidStore.com; and Dynamicsportsnutrition.com, has been misrepresenting their products and ingredients. The websites listed above create an illusion that it sells anabolic steroids — when it does not.

The lawsuit alleges that Dynamic Sports Nutrition and its owner Brian Clapp were engaged in a scheme to defraud Hi-Tech Pharmaceuticals out of sales and profits though Dynamic Sports Nutrition's infringement of Hi-Tech's Dianabol® trademark. Hi-Tech is the owner, by way of assignment, of USPTO Registration No. 3,378,354 for the mark DIANABOL^® in international class 005 for "dietary supplements, excluding anabolic steroids." On June 28, 2011, the PTO refused registration of the D-ANABOL 25 application, citing Hi-Tech's DIANABOL^® registration against said application. The lawsuit alleges that Dynamic Sports Nutrition and Brian Clapp conducted fraudulent activities and deceived consumers as to the D-ANABOL 25, DECA 200, TREN 75, and Pituitary Growth Hormone products content, quality, characteristics, and/or ingredients, and caused and enabled consumers to purchase Dynamic Sports Nutrition's D-Anabol 25 product instead of Hi-Tech's Dianabol® product.

The suit further alleges, in furtherance of this scheme, Dynamic Sports Nutrition used the Internet to disseminate its false product claims to consumers across the United States, and to enable consumers to purchase Dynamic Sports Nutrition's D-anabol 25 DECA 200, TREN 75, and Pituitary Growth Hormone products online. It also used the U.S. Mail and/or other interstate carriers to ship D-anabol 25, DECA 200, TREN 75, Pituitary Growth Hormone and D-anabol 25, the product bearing the infringing mark, to consumers throughout the United States in violation of 18 U.S.C. Section 1341. The suit further alleges, Defendants have conspired to conduct and participate in the conduct of the affairs of the enterprise through a pattern of racketeering activity. That conduct constitutes conspiracy to violate Racketeer Influenced and Corrupt Organizations (RICO) 18 U.S.C. Section 1962(c), in violation of 18 U.S.C. Section 1962(d). Passed the year after The Godfather was published, RICO is part of a 1970 law designed to allows plaintiffs to bring civil lawsuits against organizations whose members allegedly committed crimes.

Hi-Tech Pharmaceuticals lawsuit alleges that Dynamic Sports Nutrition and Clapp's are duping buyers with their websites selling imitation 'steroids' that are designed to trick buyers into thinking they're selling the illegal performance enhancing drugs. Piggybacking on the popularity of illegal, mail-order steroid websites, these fake steroids sites are making their owners wealthy by selling cheap, everyday nutritional supplements as something far more powerful. The lawsuit also alleges, in an attempt to gain an advantage in these markets, Defendants falsely and misleadingly advertised the D-ANABOL 25, DECA 200, and TREN 75 products by comparing and/or equating said products to anabolic steroids. The Defendants also allege you can Buy Steroids Legally without a Prescription: It is an option that is very rare and there are very few avenues in this regard but they do exist; you can buy steroids without a prescription legally and safely … By visiting the banner up above you will find one of these outlets and while you may not be able to find a $10 bottle of Dianabol what you will find are products that have been researched, manufactured in a sterile environment that possess all the anabolic qualities you're after and to top it off, they do so legally. For those who have never supplemented with anabolic steroids before, prepare to be amazed …

The suit further alleges, Defendants' product label for D-ANABOL 25 also reads "D-ANABOL 25 (metandesenolone)". There is, however, no such chemical as "Metandesenolone," rendering this statement, and the representation that D-ANABOL 25 contains 25 milligrams of "Metandesenolone" (or any particular substance) false and misleading. The D-ANABOL 25 product does not contain any ingredient called "Metandesenolone." Defendants simply named the product's proprietary blend "Metandesenolone" to confuse and mislead consumers. Moreover, on Steroid.com, Defendants set forth an extensive description of the chemical Dianabol with a banner advertising the D-ANABOL 25 product offering "Discreet Shipping and Billing … No prescription. No injections." Clicking on this banner takes the consumer to anabolics.com, where Defendants offer D-ANABOL 25 for sale. In making aforementioned statements, and by using the term "Metandesenolone," Defendants are deliberately attempting to mislead consumers in to believing they are purchasing Methandrostenolone or its equivalent.

Lastly, the suit alleges that Mr. Clapp's initiation of a relationship with Jared Wheat, CEO of Hi-Tech Pharmaceuticals, and his communications to Wheat were designed to distract Wheat and Hi-Tech from Defendants' trademark infringement and unlawful scheme as set forth herein, to ascertain if and when Hi-Tech would discover said trademark infringement and unlawful scheme, and/or with the hope that Hi-Tech would not pursue legal recourse for said trademark infringement and unlawful scheme in the event Hi-Tech discovered same. Mr. Clapp's "assistance" to Mr. Wheat was also aimed at having Hi-Tech clear the market of product names that could be confused with, not only Hi-Tech's DIANABOL^® trademark, but also Defendants infringing D-ANABOL 25 trademark. In attempt to gain an advantage in these markets, Defendants falsely and misleadingly advertised the D-ANABOL 25, DECA 200, and TREN 75 products by comparing and/or equating said products to anabolic steroids.

"Hi-Tech has continued to put up such a strong fight against these type of 'snake oil salesmen' that cause the dietary supplement industry to get a black eye. The most direct way to address these swindlers is to directly make their activities illegal, by passing a federal law making sure that these type of 'bad actors' are not involved in the dietary supplement business. However, until Congress passes such a law Hi-Tech will continue to fight back, Hi-Tech will continue to enforce its Intellectual Property and establish that it deserves all the money this illegal enterprise generated," says Jared Wheat.

Hi-Tech Pharmaceuticals (https://www.hitechpharma.com/index.htm) is a leading global healthcare supplier that develops, manufactures and distributes over-the-counter (OTC) Pharmaceuticals and dietary supplements. Since 1979, Hi-Tech Pharmaceuticals, Inc. and its sister company, Hi-Tech Nutraceuticals, LLC. have been providing quality custom manufacturing services to the pharmaceutical, dietary supplement and beverage industries. Hi-Tech Pharmaceuticals is a cGMP certified company that operates out of Four (4) US Production facilities and (2) Warehouses, totally over 400,000 sq. ft. The two Georgia based production facilities are both located outside Atlanta in the Norcross and Suwanee Advanced Technology areas. Hi-Tech also has Two (2) facilities located outside State College, Pennsylvania. Hi-Tech holds a Drug Manufacturing License issued by the State of Pennsylvania Food and Drug Branch and is registered as a Food and Drug Establishment with the FDA in Pennsylvania. Hi-Tech Pharmaceuticals is one of the world's leading generics and branded pharmaceutical companies, providing products to customers throughout the world. The company maintains one of the industry's broadest and highest quality product portfolios, which is regularly bolstered by an innovative and robust product pipeline. Hi-Tech Pharmaceuticals has attained leading positions in key international markets through its wide array of dosage forms and delivery systems, significant manufacturing capacity, global commercial scale and a committed focus on quality and customer service. The company ranks among the top companies in dietary supplements and has among the largest capacity of U.S.-based manufacturers.

A copy of the lawsuit is available here: http://origin-qps.onstreammedia.com/origin/multivu_archive/ENR/271971-show_temp_pl-83.pdf

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SOURCE Hi-Tech Pharmaceuticals, Inc.