SAN DIEGO, March 2 /PRNewswire-FirstCall/ -- Imagenetix, Inc. , manufacturer of Celadrin(R), a proprietary cellular lubricant for joint comfort, announced today that it has prevailed in its efforts to prevent competitors CetylMax, LLC and Flexadren, LLC from making unauthorized references to Celadrin(R) clinical studies in marketing their products. Celadrin(R), comprised of a unique cetylated fatty acid carbon matrix, is used to promote joint health and is available in oral and topical forms.
Imagenetix filed a federal trademark infringement lawsuit against CetylMax and Flexadren on July 29, 2008, in the United States District Court, Southern District of California. Imagenetix asserted the defendants engaged in unlawful trademark infringement and false advertising in violation of the federal Lanham Act, by referencing Celadrin(R) clinical studies in their advertising and marketing campaigns, without Imagenetix's authorization. Imagenetix has extensively studied Celadrin(R) at leading universities and pharmaceutical research centers throughout the world, with results presented at scientific conferences and published in top medical journals. Imagenetix alleged the defendants unlawfully used many of these studies, which were conducted exclusively on Celadrin(R), to market their "knock-off" products at Imagenetix's expense.
The lawsuit was resolved in favor of Imagenetix in the early stages after Imagenetix's counsel filed the complaint and the parties underwent mandatory mediation before the Federal Magistrate to whom the case was referred. As a result of the settlement, CetylMax, Flexadren, and all entities associated with them no longer may reference Celadrin(R) clinical studies in any of their advertisements, sales promotions, or other marketing materials. Imagenetix is extremely pleased with the result of the suit and believes that enjoining the defendants from referencing the Celadrin(R) studies will protect Imagenetix's hard-earned goodwill and reputation.
William Spencer, Chief Executive Officer of Imagenetix, commented, "We are pleased with the outcome of the lawsuit and the protection of our proprietary position associated with our increasing portfolio of clinical studies on Celadrin(R). This outcome further reinforces Imagenetix's longstanding and successful efforts in protecting the Celadrin(R) brand name and its underlying intellectual property rights."
About Celadrin(R)
Celadrin(R) is a medically and clinically proven joint health compound developed through a proprietary process of esterifying oils. Celadrin(R) is an innovative, all natural compound which has been clinically demonstrated to restore joint health and flexibility. Along with its many studies and scientific presentations, Celadrin(R) has been published on two occasions in the internationally acclaimed Journal of Rheumatology. Celadrin(R) systemically enhances and lubricates cell membranes throughout the body providing youthful cell fluidity and elasticity. This includes the enhancement of fluids that cushions bones and joints to maintain flexibility and mobility so that an individual can move with greater ease and flexibility. Celadrin(R) has been proven to provide cumulative (continuous and restorative) benefit.
About Imagenetix
Imagenetix, based in San Diego, California, is an innovator of scientifically tested, natural-based, proprietary, bioceutical products developed to enhance human health on a global basis. Imagenetix develops and formulates propriety over-the-counter topical creams, skincare products and nutritional supplements to be marketed globally through multiple channels of distribution. In addition, the company develops patentable compounds for entering into licensing agreements with pharmaceutical partners. Imagenetix is the creator of InflameAway(R)-Celadrin(R). Please visit www.celadrin.com or www.imagenetix.net.
Certain matters in this news release are forward-looking statements which are subject to risks and uncertainties that could cause actual results to vary materially from those projected. Such risks and uncertainties include, but are not limited to, adverse fluctuations in future operating results due to a number of economic, competitive, and other factors, including, among other things, the size and timing of customer contracts, new or increased competition, changes in market demand, and seasonality of purchases of the company's products and services. Additional information with respect to these and other factors, which could materially affect the company and its operations, are included in the company's SEC filings, including its Form 10-K for the year ended March 31, 2008.
CONTACT: Investor Relations, +1-858-674-8466, or William P. Spencer, Chief
Executive Officer, +1-858-674-8455, both of Imagenetix, Inc.
Web site: http://www.imagenetix.net/
