Natural Alternatives International Inc. (NAI), a nutritional supplement manufacturer, has filed a lawsuit in a U.S. District Court for the Southern District of New York against Vitalize Labs, LLC doing business as Eboost alleging infringement of NAI’s CarnoSyn® beta-alanine trademarks.
The plaintiff claims that it owns multiple patents and trademarks covering its CarnoSyn® beta-alanine ingredient which presently has a New Dietary Ingredients (NDI) status from the U.S. Food and Drug Administration (FDA).
The plaintiff alleges that the defendant presents its product, Pow® as containing NAI’s patented CarnoSyn® beta-alanine.
The plaintiff alleges that the defendant’s willful infringement has caused a lot of damage and has led to confusion as Vitalize was not licensed to use CarnoSyn® beta-alanine from NAI and CarnoSyn® trademarks.
Mark LeDoux, NAI’s CEO and Chairman, reportedly said that “NAI has invested and continues to expend substantial funds to conduct scientific research and to build, expand and promote sales of CarnoSyn® beta-alanine.” He is also reported to have said that NAI will continue to pursue legal avenues to protect its CarnoSyn® brand, intellectual property portfolio and regulatory compliance status.”
The plaintiff seeks payment for damages plus an injunction against continued use of its trademarks, and other relief.
The case is currently pending.