Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA325729
`ESTTA Tracking number:
`01/07/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91187238
`Plaintiff
`Herbn Tonics, LLC
`Mark B. Mizrahi
`Brooks Kushman P.C.
`6701 Center Drive WestSuite 610
`los angeles, CA 90045
`UNITED STATES
`mmizrahi@brookskushman.com
`Reply in Support of Motion
`Chanille Carswell
`ccarswell@brookskushman.com, mmizrahi@brookskushman.com,
`lsavage@brookskushman.com
`/chanille carswell/
`01/07/2010
`REPLY Summary Judgment for Opposition_2.pdf ( 12 pages )(493795 bytes )
`Reply Exhibit A.pdf ( 9 pages )(538325 bytes )
`Reply Exhibit B.pdf ( 1 page )(17326 bytes )
`Mizrahi Declaration.pdf ( 3 pages )(35724 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91187238
`
`))
`
`))
`
`) )
`
`)
`)
`
`Herbn Tonics, LLC
`
`Opposer,
`
`v.
`
`Applicant.
`
`Tianna Owen,
`
`REPLY IN SUPPORT OF OPPOSER’S
`MOTION FOR SUMMARY JUDGMENT
`AND OPPOSITION TO APPLICANT’S
`CROSS-MOTION
`FOR SUMMARY JUDGMENT
`
`

`
`Applicant’s opposition/cross motion is devoid of any facts or law which militates
`
`against
`
`finding
`
`in favor of Opposer on summary judgment. Applicant offers no compelling
`
`reason in which to deny Opposer’s motion. In essence, Applicant attempts to manufacture issues
`
`of material fact when none exist.
`
`Applicant’s opposition
`
`and cross-motion
`
`for summary judgment is more aptly
`
`viewed as a motion for reconsideration
`
`of the Board’s September 23, 2009 Order denying
`
`Applicant’s motion for leave to amend its answer and denying, in part, Applicant’s motion under
`
`Fed. R. Civ. P. 56(f) - relating
`
`to the topic of Opposer’s bona fide intention
`
`to use the mark that
`
`is the subject of Opposer’s STIMULITE application. Such a motion for reconsideration
`
`is both
`
`misplaced and untimely. Indeed, 37 C.F.R. § 2.127(b) is clear: "Any request for reconsideration
`
`or modification of an order or decision issued on a motion must be filed within one month of the
`
`date thereof
`
`..." Therefore, Applicant having failed
`
`to comply with the clear directive of the
`
`Code of Federal Regulations,
`
`its entire
`
`cross-motion
`
`and argument relating
`
`to Opposer’s
`
`supposed lack of "bona fide intent
`
`to use" should be dismissed out of hand.
`
`The Board should also note that Applicant did not attempt to state an affirmative
`
`defense of "lack of bona-fide intent-to-use"
`
`until a few days before the close of discovery and
`
`only after the filing of Opposer’s underlying motion herein. Applicant’s dilatory
`
`tactics should
`
`not be rewarded. It was within the Board’s discretion
`
`to deny Applicant’s Motion to Amend on
`
`the ground of un-timeliness alone, an issue raised in Opposer’s opposition to Applicant’s Motion
`
`to Amend and discussed by the Board at the hearing on that motion as an alternative ground for
`
`denial. Any further delay and proceedings in this case, naturally, will prejudice Opposer.
`
`Regardless, Opposer is not duty-bound to respond to Applicant’s allegations
`
`regarding Opposer’s alleged lack of intent-to-use
`
`its mark as this issue is not before the Board in
`
`-2-
`
`

`
`this case, as it is not a defense in this case. Indeed in its answer, Applicant declined to make any
`
`challenge to the validity of Opposer’s pending application. This is so, in spite of Applicant’s
`
`counsel’s threat during the initial meeting of counsel to delve into Opposer’s bona fide intention
`
`to use the STIMULITE mark during discovery.
`
`Applicant’s gripes
`
`regarding Opposer’s responses
`
`to Applicant’s voluminous
`
`discovery requests are similarly misplaced. As can be seen from the discovery requests attached
`
`to Applicant’s
`
`response
`
`to Opposer’s motion for summary judgment and cross-motion
`
`for
`
`summary judgment, numerous requests are directed
`
`to areas that
`
`lie outside of the permitted
`
`scope of discovery set forth in the Board’s September 23, 2009 Order. Specifically,
`
`the Board
`
`forbade Applicant from delving into Opposer’s bona fide intent
`
`to use the mark that is the subject
`
`of Opposer’s application, noting that it was "not necessary to respond to Opposer’s motion for
`
`summary judgment and, therefore, Applicant’s request for such 56(f) discovery is denied." (See
`
`Board’s September 23, 2009 Order, at p. 6.)
`
`By way of example only, Applicant’s
`
`interrogatory No. 41 requests
`
`that Opposer
`
`"identify
`
`the date on which you intend
`
`to begin using Your Mark in Commerce in the United
`
`States." Similarly, Applicant’s
`
`interrogatory No. 46 requests
`
`that Opposer "identify
`
`all
`
`documents concerning the decision
`
`to develop a product or service
`
`to be used in conjunction
`
`with Your Mark" and "identify all documents concerning the decision to file Your Application."
`
`These are just but a few examples of many improper discovery requests
`
`that clearly
`
`lie outside
`
`the scope of admissible discovery pursuant to the Court’s Order.
`
`the
`in the unlikely event that the Board permits Applicant to now raise
`At the very least,
`defense of "lack of bona fide intent
`to use" at this
`late
`juncture,
`then Opposer respectfully
`requests
`that the Board rule on the issue of "likelihood of confusion" raised by Opposer’s
`underlying Motion for Summary Judgment and permit only limited discovery
`into
`the issue of
`intent
`to use and permit an additional motion for summary judgment to decide the issue of
`priority.
`
`-3-
`
`

`
`For the foregoing and following reasons, and those set forth in Opposer’s moving
`
`papers, Applicant’s arguments in an effort to raise material questions of fact regarding likelihood
`
`of confusion, are equally misplaced.
`
`1.
`
`The Marks at Issue Are Indeed Virtually Identical
`
`A simple
`
`review of the
`
`two marks STIMULITE and STEMULITE reveals
`
`that
`
`they are, indeed, virtually
`
`identical. They are both comprised of a single word that differs only
`
`by a single letter,
`
`a similarly sounding vowel. The fact is that "e" and ’T’ are very close sounding
`
`vowels in the context of the two marks. One need only pronounce the respective marks quickly
`
`in order to aptly demonstrate the virtual
`
`identity between the two marks and the way that they are
`
`pronounced and viewed, for that matter. Additionally,
`
`the subject marks are each comprised of
`
`the same number of syllables. Moreover, Applicant’s hand waving regarding alleged differences
`
`is belied by the fact that there have been numerous instances of actual confusion between the two
`
`- even before Opposer has launched its product on the market!
`
`It is also worthy of note that Applicant has elected to only discuss
`
`the first
`
`syllable of each of the two marks, in connection with its contention
`
`that the two marks have
`
`entirely different connotations. But, when the marks are looked at as a whole, they both also
`
`share, in addition to the other aspects, the suffix "ulite." This suffix gives conveys the meaning
`
`" ~,
`" ~, up"
`of h~htemn~
`
`o1 "making light,"
`
`a connotation present
`
`in both of the marks, despite
`
`Applicant’s attempts to distance
`
`itself
`
`from the "light" aspect of its mark. Significantly,
`
`Applicant did not elect
`
`to call
`
`its mark "STEMULATE," but "STEMULITE," in order
`
`to
`
`highlight the fact that the Applicant’s goods used in connection with this mark results
`
`in, at the
`
`very least,
`
`loss of fat and making one more fit
`
`- a similar connotation conveyed by Opposer’s
`
`mark. This fact can readily be observed in Applicant’s own literature.
`
`(See Exhibit A, printouts
`
`-4-
`
`

`
`from the website on which Applicant’s STEMULITE product is sold, wherein the fat burning, fat
`
`2
`reducing actions of its STEMULITE product are touted (underlined in red).)
`
`Furthermore, Applicant lacks any authority for its assertion that the first syllable
`
`of a mark is somehow "dominant" and should be given additional weight. There is simply no
`
`basis for slicing and dicing a word the way that Applicant attempts to do here. Regardless, the
`
`parties’
`
`respective marks are unitary, not comprising multiple components that can or should be
`
`analyzed separately.
`
`They are each comprised of single words (STIMULITE vs. STEMULITE)
`
`with no particular emphasis placed on any particular portion thereof through stylization or other
`
`distinguishing
`
`indicia. Thus, Applicant’s reliance on the case of In re National Data Corp., 753
`
`F.2d 1056 (Fed. Cir. 1985) is misguided. This factor favors a finding of likelihood of confusion.
`
`all Exhibits
`to the contrary,
`~- Unless indicated
`accompanying Declaration of Mark B. Mizrahi.
`
`referred
`
`to herein are attached
`
`to the
`
`-5-
`
`

`
`2.
`
`Opposer’s Mark Is Entitled
`
`to a Broad Scope of Protection
`
`Applicant’s
`
`argument that Opposer’s mark is entitled
`
`to a narrow scope of
`
`protection because it
`
`is "highly descriptive"
`
`is contradicted by the fact that the USPTO made no
`
`such descriptiveness
`
`refusal or even raised
`
`the issue during the prosecution of Opposer’s
`
`STIMULITE application.
`
`The fact
`
`that Opposer’s mark may have some resemblance to the word
`
`"stimulate"
`
`is irrelevant,
`
`as that is not Opposer’s mark; rather the mark is "STIMULITE." There
`
`is no such word as "stimulite"
`
`in the dictionary or in the common vernacular.
`
`It is a made up
`
`word with its own connotation. Thus, Applicant’s cited cases are inapposite to the case at hand.
`
`By way of example only,
`
`the case of In re Texas bzstruments, 193 USPQ 678,679 (TTAB 1976)
`
`related
`
`to the mark COPPERCLAD the mere placing of two common words together which
`
`clearly described exactl~ the goods at hand in that case. That is not the case here.
`
`3.
`
`The Doctrine of Greater Care Does Apply In This Case
`
`In contravention
`
`to TTAB Rules, Applicant cites
`
`to the TTAB’s unpublished
`
`decision
`
`in the case of Horphag Research Limited v. FreeLife
`
`InterTzational,
`
`LLC, a case
`
`expressly
`
`designated
`
`as "NOT CITABLE AS PRECEDENT OF THE TFAB." (See Exhibit B
`
`hereto, the caption page of the Horphag decision.) On this ground alone, the Board is requested
`
`to give the cited case no consideration.
`
`In any event, here, Applicant admits that its goods sold in connection with the
`
`opposed mark have a pharmaceutical-like
`
`function,
`
`that of the movement of stem cells from bone
`
`manow. (See Opposition at 8-9.) Similarly, Applicant states numerous drug-like
`
`indications and
`
`drug safety warnings on its website
`
`through which Applicant’s
`
`STEMULITE product
`
`is
`
`marketed and sold. (See Exhibit A, portions highlighted
`
`in yellow.) Putting aside whether these
`
`-6-
`
`

`
`claims are true or not, taking Applicant at its word regarding its own goods, Opposer’s reliance
`
`on the Doctrine of Greater Care is warranted in this case.
`
`4.
`
`There Is No Evidence That The Marks Will Be Used With Different Goods
`
`Applicant claims that "Opposer admits that its Mark is to be used (if at all) with
`
`weight loss supplement." (Emphasis in original.) The fact
`
`is, however, that as set forth
`
`Opposer’s response to interrogatory No. 39 attached as Exhibit 2 to the Declaration of John L.
`
`Krieger, Applicant’s goods that it
`
`intends to use in connection with the mark STIMULITE are as
`
`follows:
`
`improved
`improved health,
`"appetite suppression, fat burning, weight loss,
`lean muscle mass, improved strength and endurance, enhanced athletic
`conditioning and physical appearance."
`
`Indeed,
`
`"weight
`
`loss"
`
`and "increased muscle mass" largely
`
`go hand in hand in any
`
`exercise/weight
`
`loss regimen administered by any reputable
`
`trainer or clinic. Significantly,
`
`Applicant admits
`
`that
`
`its goods sold
`
`in connection with the STEMULITE mark facilitate
`
`"increased muscle mass" and provide increased energy. (See Exhibit A, portions underlined
`
`in
`
`red.) How Applicant concludes
`
`that
`
`the two products would provide opposite
`
`results
`
`is
`
`mystery. Here, the overlap is stark and of great concern to Opposer. Both products relate
`
`to the
`
`fitness category of products.
`
`By way of example only, Applicant’s own website, under FAQs (see Exhibit A),
`
`expressly
`
`states
`
`that
`
`the STEMULITE product steers naturally
`
`occumng stem cells
`
`to become
`
`lean cells rather than "fat cells."
`
`In addition,
`
`in the "Dietary Content/Components - Stemulite"
`
`page of Applicant’s website, Applicant clearly states that its product provides more energy (i.e.,
`
`"stimulant" effect) and that nutrients are channeled "more too [sic] lean tissue and away from fat
`
`-7-
`
`

`
`tissue."
`
`It also touts its product as "recruiting stem cells in great numbers to mobilize in muscle
`
`systems replacing fat and adding brand new muscle." (Exhibit A, portions underlined in red.)
`
`Furthermore, the descriptions of the goods in the applications at issue here are
`
`nearly identical
`
`in that both Opposer’s and Applicant’s applications recite goods in International
`
`Class 5 for "dietary and nutritional supplements."
`
`This factor, too, favors a finding of likelihood of confusion.
`
`5.
`
`Confusion Evidence Is Overwhelming
`
`Applicant cherry picks one email (from Dwayne Rothe) from a dozen emails and
`
`asserts that the email does not even mention the parties or their products. It is obvious from the
`
`nature of the inquiry "weight training"
`
`that the author was referring
`
`to Applicant’s STEMULITE
`
`product, thinking they were sold by Opposer. This likely occurred because the author heard or
`
`read some advertisement for the Applicant’s goods believing
`
`that they were sold under the mark
`
`STIMULITE, Opposer’s mark. The author then proceeded to enter
`
`the url <stimulite.com>,
`
`and
`
`seeing that Opposer’s related company sold dietary supplements of various uses, believed that he
`
`was dealing with the source of the STEMULITE goods he had been exposed
`
`to through
`
`advertising. Regardless, there are numerous other emails where Applicant’s mark is specifically
`
`mentioned.
`
`The following excerpt
`
`is more representative
`
`of the inquiries
`
`received by
`
`Applicant that demonstrate the nature of the confusion among consumers as to the source of the
`
`parties’ respective goods:
`
`On 7/5/08 8:04 PM, "WEB VISITOR <kelly.kirkendoll @yahoo.corn>"
`<kelly.kirkendoll @ yahoo.com> wrote:
`
`Natrient.com Web Site Contact Form Message:
`From: kely
`Reply Address: kelly.kirkendoll@yahoo.com
`
`-8-
`
`

`
`Phone: 770-616-9685
`Subject: info
`Message: need information on your newest product, stimulite.
`
`On Sun, 7/6/08, Customer Service <customerservice@natrient.com>
`wrote:
`
`From: Customer Service <customerservice@natrient.com>
`Subject: Re: [kely] info
`To: "WEB VISITOR <kelly.kirkendoll @ yahoo.com>"
`<kelly.kirkendoll @ yahoo.corn>
`Date: Sunday, July 6, 2008, 8:45 PM
`Hi Kelly,
`Stimulite is not yet available to the general public.
`You may have confused us with another company.
`If we can be of assistance we will be happy to help.
`Sincerely,
`Natrient Customer Service
`
`On 7/7/08 12:07 AM, "Kelly Kirkendoll" <kelly.kirkendoll @ yahoo.com>
`wrote:
`
`i saw an add for stimulite on yahoo, clicked on it and there was an order
`form. i understand that it is not yet availible at the stores but this ad had
`three different choices, just wondering if that offer was still availible,
`if
`not, when do you expect stimulite to be at the stores?
`
`On Mon, 7/7/08, Customer Service <customerservice@natrient.com>
`wrote:
`
`From: Customer Service <customerservice@natrient.com>
`Subject: Re: Stimulite
`To: kelly.kirkendoll @ yahoo.corn
`Date: Monday, July 7, 2008, 8:18 AM
`Hi Kelly,
`It sound like there’s some confusion here.
`We are not running any ads on yahoo for Stimulite at this time.
`Are you saying that you clicked on the ad and got to our website where
`you filled out the info request?
`It’s more likely that you saw the ad and then did a search for Stimulite and
`got to our site.
`Again, our company is Natrient and our branded supplement "Stimulite"
`has not yet been released to the public.
`Is it possible that you are referring to "Stemulite" (with an "E") rather than
`"Stimulite" (with an ’T’)?
`
`-9-
`
`

`
`We have received other inquiries
`two confused.
`Please let us know.
`Sincerely,
`Natrient Customer Service
`
`from customers who have gotten those
`
`On 7/7/08 10:11 PM, "Kelly Kirkendoll" <kelly.kirkendoll@yahoo.com>
`wrote:after further research you are correct, it is stemulite with an e not
`the i. Is there a difference between the two?
`
`Response 7/8/08
`Kelly,
`
`Thanks for checking and letting us know.
`
`The documented instances of confusion, which are numerous, between the parties’
`
`respective marks and as to the source of the products is all the more telling
`
`in light of the fact
`
`that Opposer has yet to launch its product! The mere registration
`
`by Opposer of the domain
`
`name www.stimulite.com has led to at least a dozen instances of confusion that we know about.
`
`One can only imagine how many instances of confusion we do not know about and how many
`
`more instances of confusion
`
`there will be once Opposer launches
`
`its STIMULITE product on
`
`market. For this reason alone, the number of instances of confusion that have been documented
`
`are all
`
`the more meaningful and telling
`
`as to what would happen in the marketplace once
`
`Opposer’s STIMULITE product is released.
`
`This factor, squarely, favors a finding of likelihood of confusion.
`
`6.
`
`The Degree of Care Exercised
`
`Where, as here, the products are so close in name, description,
`
`and channels of
`
`trade ~, no matter what the degree of customer care, there is a high likelihood of confusion.
`
`3 Note that Applicant does not even attempt to distinguish
`
`the marketing channels and sales
`
`channels for the palsies’ respective goods in its Opposition.
`
`-10-
`
`

`
`7.
`
`Applicant’s Argument Based On "Public Policy Grounds"
`While Creative~ Is Ludicrous
`
`Applicant is attempting to unduly influence the Board to find in its favor by trying
`
`to illicit
`
`the Board’s sympathy for having recklessly
`
`invested in its mark, despite having known
`
`of Oppser’s STIMULITE application
`
`prior
`
`to its
`
`launch of its STEMULITE product Even
`
`putting aside the fact that there is no "public policy" factor applied under the DuPont test,
`
`it
`
`should be noted that Applicant
`
`recklessly
`
`pursued and invested
`
`in the STEMULITE brand,
`
`despite knowing since, at least, May of 2008 - well prior to the launch of its product on the
`
`market - of Opposer’s senior rights in the mark.
`
`In essence, Applicant is attempting to read out 15 U.S.C. § 1057(c) of the Lanham
`
`Act which provides, in pertinent part, that:
`
`Contingent on the registration of a mark on the principal register provided
`by this chapter,
`the filing of the application
`to register such mark shall
`constitute constructive use of the mark, conferring a right of priority,
`nationwide
`in effect,
`on or in connection with the goods or services
`specified in the registration against any other person ...
`
`Regardless, Opposer filed
`
`its STIMULITE application over one year prior to the
`
`time that Applicant filed
`
`its STEMULITE application and over seven months prior to the time of
`
`Applicant’s
`
`launch of its STEMULITE product.
`
`Accordingly, Applicant’s "public policy" argument also fails.
`
`Respectfully submitted,
`
`By:/sl Mark. B. Mizrahi
`Mark B. Mizrahi
`Attorneys~Agents for Applicant
`
`Date: January 7, 2009
`BROOKS KUSHMAN P.C.
`Howard Hughes Center
`670t Center Drive, Suite 610
`Los Angeles, CA 90045-1555
`Tel: (310) 348-8200 / Fax: (310) 846-4799
`Our File: HERB 0102 OC
`
`-11-
`
`

`
`CERTIFICATE OF SERVICE
`
`I certify that I served:
`
`REPLY IN SUPPORT OF OPPOSER’S
`MOTION FOR SUMMARY JUDGMENT
`AND OPPOSITION TO APPLICANT’S
`CROSS-MOTION FOR SUMMARY JUDGMENT
`
`on
`
`January 7, 2010 by:
`
`__ delivering
`X mailing (via First-Class mail)
`
`a copy to:
`
`John L. Krieger
`Lewis and Roca LLP
`3993 Howard Hughes Parkway
`Suite 600
`Las Vegas, Nevada 89169-5996
`
`¯ I
`krisanne Schmidt
`
`-12-
`
`

`
`FAQS - Sternulite
`
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`What is the correct dosage instructions for Stemulite?
`
`Men's Day:
`Suggested Use: On ‘non-workout‘ days it is recommended for Men to take One Day-time tablet with water in the morning before you eat. On
`'wor|<out' or 'exercise' days take Two Day-time tablets with water first thing in the morning. Be consistent with day and night for maximum results.
`
`Men's Night:
`Suggested Use: On ‘non-workout‘ days it is recommended for Men to take One Night-time tablet one hour before bed. On ‘workout or ‘exercise’ days
`take Two Night-time tablets one hour before bed. Be consistent with day and night for maximum results.
`
`Women's Day:
`Suggested Use: Take One Day-time tablet with water in the morning before you eat. Be consistent with day and nightfor maximum results.
`
`Women's Night:
`Suggested Use: Take One Night-time tablet one hour before bed. Be consistent with day and night for maximum results.
`
`What is Indium? I have read on the internet that it is not safe.
`
`We use a pharmaceutical grade of indium which has been used by the medical professions for over 40 years in diagnostic radiology. It is of course
`FDA approved for this indication or it could not be use in literally millions of medical procedures around the world.
`
`New research has found that indium helps improve the absorption of essential trace elements - such as copper, manganese, and chromium, copper
`and zinc — in the body, thereby allowing them to perform their functions more efficiently.
`
`The largest radiopharmaceulical manufacture in the world Mallinckrodt sells more indium for diagnostic x-ray imaging than we will ever sell.
`Mallinckrodt is a global manufacturer of healthcare products. This indium is radiated and given to patients directly into the blood stream via, i.v.
`solution. Indium has had FDA APPROVAL for these procedures for almost 50 years without one reported death from use.
`
`I am a diabetic, can I take Stemulite?
`
`As this is a medical related question and we are not allowed to respond to this type of question, please ask your doctor for if Stemullte is right for
`you. However, a recent study at the Linus Pauling Institute demonstrated that the main ingredient in Stemullte, alpha lipoic acid actually improves
`diabetes, blood pressure and reduces the buildup of atherosclerotic plaque in the arteries.
`
`is Stemulite FDA approved?
`
`The supplement as a whole is not approved by the FDA. FDA regulates dietary supplements under a different set of regulations than those covering
`"conventional" foods and drug products (prescription and Over-the-Counter). Under the Dietary Supplement Health and Education Act of 1994
`(DSHEA), the dietary supplement manufacturer is responsible for ensuring that a dietary supplement is safe before it is marketed. FDA is
`responsible for taking action against any unsafe dietary supplement product after it reaches the market. Generally, manufacturers do not need to
`register their products with FDA nor get FDA approval before producing or selling dietary supplements.* Manufacturers must make sure that product
`label information is truthful and not misleading.
`
`Can I take Creatine with Stemulite?
`
`It is suggested that creatine supplementation be reduced while taking Stemullte. Stemullte may boost the effectiveness of creatine and other amino
`acids. You can tell if you have too much creatine in your system if yourjoints start to ache.
`
`can I take other suppiements with Stemulite?
`
`Yes. Stemullte appears to help your body work more efficiently, so other additives may work better on you, too.
`
`Stemullte may boost the effectiveness of creatine and other amino supplements. You can tell if you have too much creatine in your system if your
`joints start to ache.
`
`When should I start seeing results?
`
`Results vary from person to person, but generally speaking, results are typically seen in a short period of time.
`
`For best results try doing a selected muscle group workout to hypoxic fatigue at least twice per week. Stemullte is unique in comparison to other
`supplements in that its ingredients may additionally stimuiate your bone marrow to release brand new stem cells. When you are working out and
`breaking down your muscles by doing reps with weights, you get to a point of muscle fatigue where you can't lift another rep— this is when the
`greatest gains are most likely to be achieved.
`
`Does Stemullte contain HGH or is like HGH’?
`
`No it is not an HGH product per se.
`
`it may promote the natural release of the body's own stores of HGH via the hypothalamus/pituitaryladrenal complex acting synergistically during
`
`http://WWw.stemu1itc.c0m/faq.htm1
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`FAQS - Stemulite
`
`Page 2 of 3
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`phase 4 sleep.
`
`What exactly does Stemulite do?
`
`One of the key ingredients is the llpoic acid which goes directly to every cell in the body. It quickly enters the cell and goes to the mitochondria
`(which are hundreds oftiny sub—cel|s within each cell) and begins to supply greatly increased oxygen. nutrients to the cell nucleus for production of
`ATP (adenosine triphosphate)...the absolute fuel of life. The net effect is abundant energy, strength and stamina.
`The rest is pretty much spelled out on the web page, i.e., acetyl l.-camltine is discrete little packages of amino acids that are doled out to the
`muscles for energy-on-demand. This energy is made available when required. The beta glucan stimulates the immune system to an enhanced
`immune surveillance, a sort of a Red Alert system against foreign invaders, Serra Peptase is a powerful enzyme that is now made by a common
`fungus. This natural enzyme basically cleans up the mess from hard exerclse...metabo|ic waste such as lactic acid, aggregated fat or protein
`fragments, etc.
`
`Finally, you have the stem cell recruiter from the eggplant. Eggplant contains a powerful stem cell agonist(promoter) that goes to the bone
`marrow and recruits literally millions of progenitor (baby) stem cells for mobilization in the workout zone. The brand new cells provide new
`populations of muscle that you cannot get by simply exercising.
`
`So, what do we have here?
`
`Stemu|ite's high quality ingredients may synergistically (1) make all other supplements more effective, and (2) help the body to find its natural
`homeostasis in order to recharge energy stores, replenish depleted nutrients, and repair damaged cells and tissue, (3) promote metabolic balance
`(4) Promote healthy exercise, (5) help the body to release new stem cells to produce healthy muscle gain, (6) enhances immunity, and (7) provide
`better sleep. And for the ladies, it may help level out menstrual periods and promotes toning without the loss ofbreast tissue.
`
`lam allergic to Mushrooms, why can't I take Stemulite? What is the reaction?
`
`it you are allergic to mushrooms and still consume them you can expect to suffer a range of symptoms from mild gastric upset, to dry throat and
`nose, itchiness, nausea, vomiting.
`
`The way to find out is ofcourse to try a tiny bit of one tablet. Wait an hour and if you have no reaction you are probably ok. The next day, try one
`tablet and if the results are the same you are unlikely to have the allergy.
`
`The best bet is to discuss this with your doctor and he can prescribe a remedy to immediately take if you do have a reaction.
`
`I am a Man, can I take the female version of Stemulite?
`
`We do not recommend it. The Mexican Yam extract affects estrogen. In men, estrogens have no known function. An unusually high level, however,
`may reduce sexual appetite, because erectile difficulties, produce some breast enlargement, and result in the loss of body hair in some men. You
`would have to take up to 60 times the daily amount in the women's formula to have this high level that you do not want to reach. And you would have
`to take it every day for at least 30 days.
`
`The female version of Stemulitel” contains an extract of the Mexican Yam (Dioscoreaceae family) which contains alkaloids as well as diosgenin and
`other saponins that may mimic the effects of progesterone, DHEA, or other sex hormones. It is often taken to relieve menstrual uterine cramps.
`When taken as a dietary supplement to exercise regimens, its estrogenic effect on mammary epithelium has been shown to reduce the effects of
`fibrogiandular tissue loss in the breast while gggeasing thg gfigct on toning in the abdomen higs and thighs.
`
`Do I need to cycle off of Stemulite?
`
`Stemulite was designed so that you do not have to cycle on and off of it.
`
`It is best for you to keep it in your system.
`
`If I stop taking Stemulite, will my muscles go away or what benefits will llose?
`
`When you stop taking Stemulite you are going to go back to the way you felt before taking Stemulite. The muscle you gain while taking Stemulite
`should remain as long as you continue to work them out.
`
`Can my teenage son take Stemulite?
`
`We have not tested Stemulite on anyone less than 18 years of age. We do not recommend Stemulite for anyone under the age of 18, however we
`encourage you to check with your doctor.
`
`Please visit and print this page on our site:
`httg:l'lwwvv.stemulite.comlindex.ghplContentsfStemulite—Dietary«Contents.html
`This information will give your doctor all the information on Stemulite.
`
`I am on blood thinners, why can't I take Stemulite?
`
`If you are taking Coumadin (warfarin) and Heparin or other blood thinner, please consult with your doctor before taking Stemulite. Stemulite contains
`a very safe enzyme that helps prevent and soreness from all kinds of conditions, but especially from a heavy workout. This is a proteoiytic enzyme
`and is not a blood thinner per se, but if a person is taking Coumadin, he should check with hislher doctor.
`
`The Serra peptidase enzyme (actually it is leucine amino acid peptidase) breaks down clots that form as soon as they form.
`
`If you have had bleeding problems in the past, please check with your doctor.
`
`Here is a quick lesson on Stemulite and lean vs. fat:
`
`Stemu|iie's ingredients may independently cause the body to recruit de novo stem cells. Stem cells come in several "templates" or "progenitors" for a
`mature cell, such as hematopoietlc for blood cells and mesenchymal for tissue cells especially muscle cells.
`
`When mesenchymal progenitor cells (stem cells) are recruited from the bone marrow they are diverted either to become lean or fat cells
`depending on the androgen balance of the body. Both male and females have testosterone (an androgen).
`
`http://WWW.stemulitocom/faq.ht1n1
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`FAQS - Stemulite
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`Page 3 of 3
`
`With low testosterone; the stem cells are diverted to become fat cells. High testosterone diverts these "pre" cells to lean. That alone tells you one
`reason to promote healthy exercise is that exercise raises testosterone levels in both male and female.
`
`A low testosterone person will have a propensity to be fat. Conversely, a high testosterone person will have a natural propensity towards being thin.
`
`My testosterone level is below normal will this product help to bring it up to normal?
`
`It may be possible that the ingredients in Stemulite can help raise ycurtestosterone levels since two of the components (indium and L-carnitine) are
`thought to act on the hypothalamus and pituitary to stimulate the release of human gonadotropin releasing hormone (hGnRH) which is directly tied to
`the release of testosterone.
`
`If you are serious about doing this the natural way. you will need to get Into a regular exercise training regimen with appropriate diet changes
`that enhance the natural effects the Stemullte may provide.
`
`Why can't you ship out of the United States?
`
`Due to customs with each country having different regulations in regards to supplements, at this time we are unable to ship outside of the United
`States.
`
`We can ship to Military addresses that are outside otthe United States, because they are considered US addresses and go through US Customs.
`
`How is my order shipped and how long does it take for it to arrive?
`
`Most orders are processed and shipped out either the same day or the day after you place your order. Your order is shipped via The United States
`Postal Service, Priority Mail. Please allow aggroximately 3«5 business days for delivery. We cannot control the speed of the U.S. Postal Service.
`if you live in a rural area, please allow 2 extra business days for delivery.
`
`(For example, if you order your product on a Friday, your order will be shipped on Monday. You will receive your order 3-5 business days from
`Monday. If you order on Wednesday, your order will be shipped on Thursday and so forth.)
`
`Do you have a money Back Guarantee‘?
`
`If you take Stemulite as recommended and are not satisfied orthe product does not agree with your system, we will offer you a full refund. We would
`like for you to provide us with