CONTEMPT OF COURT!
- The Court's ruling included an order to pay the Immune Tree Parties' reasonable attorney fees for having to bring the motion. Any further violation of the Court's order by TBR Labs or Rick Henage could result in fines, jail time for Rick Henage, and a citation of Criminal Contempt.
- The Court's ruling also required TBR Labs and Rick Henage to provide a directive to all suppliers to update any images associated with their marketing materials to comply with the Court's Order.
- TBR Labs has been continuing to trade off Immune Tree, Inc.'s goodwill by using product labeling and stickers on its products that read, "Immune Tree Certified Dr. Anthony Kleinsmith", "Immune Tree Certified", "Immune Tree Certified Colostrum", as shown below:
The bottles that have the above seals on them are shown below:
CONSUMERS BEWARE: If you have purchased TBR Labs products from a supplier with these seals on the label, you are not getting IMMUNE TREE CERTIFIED products!
VENDORS BEWARE: If you have purchased products for resell from TBR Labs with these seals on the label, you are not getting IMMUNE TREE CERTIFIED products!
If you are a Retailer, Health Practitioner or Consumer, Immune Tree, Inc. (the real Immune Tree) would like to work with you.
Get the REAL thing and stop buying or using falesly-labeled products!
The REAL Immune Tree product line as shown below:
We have attempted to inform as many stores as possible that TBR Labs was not selling Immune Tree colostrum. Despite our best efforts to warn the public, TBR Labs' continued use of our trade names and trademarks has caused confusion in the marketplace among resellers and customers. We want to clear up any confusion.
To receive the real, original Immune Tree colostrum, please contact us at 877-295-1269.
LeptiTrim Nighttime from TBR Labs has NO LEPTIN or PHASEOLUS IN THE PRODUCT
Natures Energy FDA Compliance Officer Dr. Clark Kinghorn, who manufacturers the product marketed by TBR Labs called, "LeptiTrim NightTime" stated that the product has absolutely NO LEPTIN or PHASEOLUS in the formulation. A letter was sent to TBR Labs/Rick Henage letting them know that Natures Energy would no-longer be making that formula. If you have purchased this product in the last several years, we would suggest that you ask for your money back.
To whom it may concern:
This
document has been prepared in conjunction with Barney Madsen and Joe
Hepworth of Fillmore Spencer, LLC, of Provo Utah, with documentation
provided by the 4th District Court, Judge Fred D. Howard, Utah County,
State of Utah and the management staff of Immune Tree, Inc.
An August 31, 2011 decision, Judge Fred D. Howard ruled in favor of the Kleinsmith's, noting, "The Court finds that the Immune Tree Parties retained ownership of the Immune Tree name and promotional image, and that the license of use granted to the Henage Parties was revocable, and was validly revoked."
According to the decision, "The Court therefor ORDERS that (1) the Henage Parties are enjoined from making any further use of the IMMUNE TREE trade name and trademarks and the IMMUNE TREE CERTIFIED trademark, (2) the Henage Parties are required to certify that they have given immediate written notice to their customers and potential customers of each of the terms in this order, and (3) the Henage Parties are required to return access and control of the immunetree.com domain name and website to Anthony L. Kleinsmith."
Trademark Infringement
TBR Labs has been infringing on the Immune Tree trademark for over a year now. We revoked the right for them to use the Immune Tree name or Immune Tree certification on any of their products in May of 2010. TBR Labs ignored our revocation and continued to use the Immune Tree name on their products (even though they weren't using Immune Tree colostrum) which fooled many customers into thinking they were receiving Immune Tree colostrum when in fact they were not.
Claiming to use Immune Tree colostrum while changing the name of their product to "Protomune Colostrum"
Immune Tree colostrum, known as BCP-Ig200, is the highest quality colostrum available on the market. It is only available to Dr. Anthony Kleinsmith, Ph.D. (owner of Immune Tree), as he is the formulator of the product. TBR Labs' label states that their colostrum is called "Protomune". We at Immune Tree have never heard of Protomune nor has it ever been a word associated with our products. If you conduct a Google search for "protomune colostrum" you will find this website http://interfacepharma.com/protomune.html which sells "Protomune" from TBR Labs, this website is the only source of information we could find for "Protomune Colostrum". To reiterate, Protomune colostrum is NOT Immune Tree Certified.
Unauthorized Use of Formulations
After parting ways with TBR Labs early in 2010, we rescinded the right for them to continue using any Immune Tree formulations in May of 2010. They ignored the rescind letter sent by our attorneys and continued using our product names and formulations but with cheaper ingredients.
Fraudulently using article written by Dr. Eng Huu
In a summer 2011 edition of the Healthy Living Magazine, TBR Labs used without permission, an article originally written for Dr. Anthony Kleinsmith, Ph.D. by Dr. Eng Huu without his knowledge or consent. Dr. Huu sent us a letter stating that he does not endorse TBR Labs' products and has nothing to do with them.
Immunetree.com Website
TBR Labs took control of the www.immunetree.com website and has been using it for the last year and a half to try to tarnish our good name and reputation. They have recently been ordered by Judge Fred D. Howard to return the website to us and we will have it back in our possession shortly.
Defamatory Website
TBR Labs has been utilizing an anonymous defamatory fraud website in an attempt to ruin Anthony Kleinsmith's name and reputation and prevent consumers from doing business with us. Although TBR Labs claims to have nothing to do with this website, they have been directing people to it from their homepage www.tbrlabs.com and www.immunetree.com. Also, under oath and in his deposition, TBR Labs owner Rick Henage admitted to providing the information found on the fraud site.
Letter to Customers
Judge Howard ordered TBR Labs to send notification to all of their customers and potential customers of the ruling which has recently taken place against them to ensure that they do not continue to fool anyone into thinking they have anything to do with Immune Tree.
If you have any questions concerning the suit or to clarify any points you may have been misled on by TBR Labs or employees of TBR Labs Chris Knox or Patrick May please contact:
Barnard N. Madsen, Attorney at Law
Fillmore Spencer, LLC
3301 North University Avenue
Provo, Utah 84604
801-426-8200
bmadsen@fslaw.comDr. Anthony Kleinsmith, Ph.D.
Immune Tree, Inc.
2764 North 675 East
Lehi, Utah 84043
Cell: 801-368-6744
Office: 888-617-873
dranthonyk@gmail.com
