Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1240228
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`Filing date:
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`10/06/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91277442
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`Party
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`Correspondence
`address
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`Defendant
`Fortitude Health, LLC
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`KEVIN HAYNIE
`YOURTRADEMARKATTORNEY.COM
`167 LAMP AND LANTERN VILLAGE #220
`CHESTERFIELD, MO 63017-8208
`UNITED STATES
`Primary email: kevin@yourtrademarkattorney.com
`480-360-3499
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Motion to Suspend for Civil Action
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`Kevin Haynie
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`kevin@yourtrademarkattorney.com
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`/kmh355/
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`10/06/2022
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`Attachments
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`Fortitude Health Motion to Suspend for Civil Action.pdf(626141 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`HealFast Inc.
`Opposer,
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`Fortitude Health, LLC
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`Applicant.
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`v.
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`Opposition No.
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`91277442
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`APPLICANT’S MOTION TO SUSPEND FOR CIVIL ACTION
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`Pursuant to 37 C.F.R. §2.117(a), Applicant Fortitude Health, LLC (“Applicant”)
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`respectfully requests that the Board suspend this opposition proceeding pending the final
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`determination of the civil action filed by Opposer HealFast Inc. (“Opposer”) against Applicant.
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`The grounds for Applicant’s motion are as follows:
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`1.
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`On February 1, 2022, Opposer filed a complaint against Applicant in the District
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`Court for the Eastern District of New York (Case No. 2:22-cv-00592). Applicant has attached a
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`copy of the complaint.
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`2.
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`Among the claims in its complaint, Opposer seeks a declaratory judgment of non-
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`infringement of Applicant’s HEALFAST and HEELFAST marks which have previously been
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`registered (U.S. Registration Nos. 6,219,376 and 6,552,454, respectively).
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`3.
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`On April 4, 2022, Applicant filed an answer to Opposer’s complaint, denying the
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`salient allegations of the complaint. Applicant has attached a copy of the answer.
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`4.
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`The products for which Applicant’s HEALFAST and HEELFAST marks have
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`been registered are strongly related and overlapping with the products identified in Applicant’s
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`trademark application for HEALFAST SKINCARE (Serial No. 90895127).
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`1
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`5.
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`Applicant’s HEALFAST and HEELFAST are so similar to its HEALFAST
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`SKINCARE mark that the outcome of the civil action would have a strong bearing on the
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`outcome of the instant opposition proceeding.
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`6.
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`The discovery that will undoubtedly occur in the civil action will be partially
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`duplicative of the discovery that will occur in this opposition proceeding.
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`7.
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`The facts that will be elicited during the course of the civil action will
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`unquestionably have a bearing on this opposition proceeding and will affect the way in which
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`both parties litigate this opposition proceeding.
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`8.
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`The civil action is currently in discovery. There have not been any final orders or
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`decisions issued in the action, nor have the parties settled the dispute.
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`In view of the above, Applicant respectfully requests that the Board grant Applicant’s
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`Motion to Suspend for Civil Action and issue an order suspending this opposition proceeding
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`pending the final determination of the civil action.
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`Dated:
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`10/6/2022
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`Respectfully submitted,
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`FORTITUDE HEALTH LLC
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`By: /kmh355/
`Kevin Haynie
`YourTrademarkAttorney.com
`167 Lamp and Lantern Village, #220
`Chesterfield, MO 63017-8208
`Tel: (480) 360-3499
`Fax: (800) 961-0363
`kevin@yourtrademarkattorney.com
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`2
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`

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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing has been served by
`emailing said copy on 10/6/2022 to:
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`Andrew D. Bochner
`Attorney for Opposer
`andrew@bochnerip.com
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`/kmh355/
`Kevin Haynie, Attorney for Applicant
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`3
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 1 of 16 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF NEW YORK
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`Justin Samra and HealFast, Inc.,
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`Plaintiffs,
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`Fortitude Health, LLC,
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`Defendant.
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`COMPLAINT
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`CIVIL ACTION NO.:
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`JURY TRIAL DEMANDED
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`Plaintiffs Justin Samra (“Justin”) and HealFast, Inc. (“HealFast” and, collectively,
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`“Plaintiffs”), by and through its attorneys, hereby file this Complaint and allege against
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`Fortitude Health, LLC (“Defendant”) on personal knowledge as to their own activities and on
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`information and belief as to all other matters, as follows:
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`NATURE OF THE ACTION
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`1.
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`Plaintiffs bring this action to protect themselves from the wrongful and
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`malicious actions of Defendant, and to seek declaratory judgment of non-infringement of
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`Defendant’s trademarks arising under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and
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`2202, the Lanham Act, 15 U.S.C. §§ 1052 and 1125, et seq., unfair competition practices,
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`tortious interference with prospective economic advantage, as well as related claims under the
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`statutory and common laws of the State of New York. Plaintiff Justin also brings an action for
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`breach of contract against Defendant.
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`

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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 2 of 16 PageID #: 2
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`2.
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`Defendant, in a blatant attempt to put competitors out of business, has conducted
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`an enforcement program by harassing and bullying businesses into submission, preventing
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`lawful sales of the HealFast’s Products.
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`3.
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`4.
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`HealFast and Defendant each sell their products on Amazon.com (“Amazon”).
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`As discussed in more detail below, Defendant has filed bogus intellectual
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`property infringement complaints on Amazon against HealFast’s products, in an attempt to
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`evoke fear in the mind of Plaintiffs and damage Plaintiffs’ business.
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`5.
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`Defendant has attempted to convince Amazon that HealFast’s sales of the
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`Products constitute trademark infringement. Such actions have put HealFast’s Amazon Seller’s
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`Account at risk. Amazon has suspended certain of HealFast’s listings based on Defendant’s
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`intellectual property infringement complaints.
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`6.
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`HealFast has thus been forced to file this action to vindicate its rights to sell the
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`Products on Amazon, and to seek damages for the permanent harm caused by Defendant’s
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`complaints with respect to HealFast’s Amazon Seller’s Account.
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`7.
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`As discussed further below, Justin has been forced to file this action for
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`violation of a coexistence and settlement agreement entered into between Justin and Defendant.
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`PARTIES
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`8.
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`Plaintiff Justin Samra is an individual residing in Long Island City, New York,
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`in this District.
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`9.
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`Plaintiff HealFast, Inc. is a Wyoming Corporation with a principal place of
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`business at 2020 Ocean Avenue, Ronkonkoma, New York 11779, in this District.
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`10.
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`Upon information and belief, Defendant Fortitude Health, LLC is a New Jersey
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 3 of 16 PageID #: 3
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`limited liability company with a principal place of business at 101 US Highway 46, Suite 122,
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`Pine Brook, New Jersey 07058.
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`JURISDICTION AND VENUE
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`11.
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`This action arises under the Declaratory Judgment Act, 28 U.S.C. § 2201 and
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`2202, the Trademark Laws of the United States, 15 U.S.C. § 1051 et seq. (the “Lanham Act”),
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`due to Defendant’s assertions of trademark infringement and likelihood of confusion against
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`Plaintiff.
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`12.
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`Subject matter jurisdiction over the claims is conferred upon this Court by 28
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`U.S.C. § 2201 and 2202 (declaratory judgment), 28 U.S.C. § 1331 (federal question
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`jurisdiction), 15 U.S.C. § 1121(a) (trademark jurisdiction), 28 § U.S.C. 1332 (diversity
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`jurisdiction), and 28 U.S.C. § 1367 (supplemental jurisdiction).
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`13.
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`This Court has personal jurisdiction over Defendant because, upon information
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`and belief, Defendant has committed acts giving rise to this action within this District.
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`Defendant markets, sells, and/or offers for sale HealFast’s Products (defined infra) nationally,
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`including to New York and this District, has accused Plaintiff of infringement in this District,
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`and alleging or implying, due to Plaintiffs’ headquarters within this District, that such alleged
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`infringement took place within the District, and therefore, Defendant has established minimum
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`contacts with this forum. Defendant also regularly conducts business in this forum, engages in
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`other persistent courses of conduct and derives substantial revenue from products and/or
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`services provided in this District and in New York, demonstrating that Defendant has
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`purposefully established substantial, continuous and systematic contacts with New York.
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`14.
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`The exercise of personal jurisdiction comports with Defendant’s right to due
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`process, because it has purposefully availed itself of the privilege of conducting activities
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 4 of 16 PageID #: 4
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`nationally, including within this District, such that it should reasonably anticipate being hailed
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`into court here.
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`15.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) at least
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`because Plaintiffs reside within this District, and both Plaintiffs and Defendant transact
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`business within this District. Moreover, Defendant has directed its enforcement activities at the
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`District and a substantial part of the events giving rise to the claim occurred in this District.
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`EXISTENCE OF AN ACTUAL CONTROVERSY
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`16.
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`There is an actual controversy within the jurisdiction of this Court under 28
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`U.S.C. § 2201 and 2202.
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`17.
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`Beginning in 2021 and continuing until the present day, Defendant filed a series
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`of complaints with Amazon (the “Amazon Complaints”) against HealFast, alleging that
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`HealFast’s sales of certain of its products, including its scar gel product (“HealFast’s
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`Products”), infringes at least one of Defendant’s trademarks, including Trademark Registration
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`Nos. 6552454 and 6219376 (“Defendant’s Marks”).
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`18.
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`Defendant filed the Amazon Complaints knowing that HealFast’s sales of its
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`products were lawful.
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`19.
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`Defendant’s actions and numerous Amazon filings amount to abusive conduct
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`meant to stifle lawful competition and prevent sale of non-infringing products.
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`20.
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`Amazon maintains a complex algorithm and system for rating its Seller
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`Accounts and allowing their continued sales within the Amazon ecosystem and website.
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`21.
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`Upon information and belief, Amazon allegations of intellectual property
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`infringement leveled against a Seller Account causes harm and damage to a Seller Account
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`including, for example, (1) being ranked lower in user searches; and (2) making suspension
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 5 of 16 PageID #: 5
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`more likely if and when future allegations of infringement are made.
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`22.
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`Upon information and belief, such harm and damage is not reversible, and a
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`certain number of allegations can lead to restrictions, temporary suspensions, or even
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`permanent suspension of a Seller’s Account and/or Amazon Storefront.
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`23.
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`Upon information and belief, allegations of intellectual property infringement
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`against a Seller or Storefront can only be undone, even partially, by having the complaint
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`rescinded by the complaining party, or a finding of non-infringement by a Court.
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`24.
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`Absent such findings, a Seller’s account can be permanently damaged and
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`inhibited, even as a result of baseless allegations, such as in this case.
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`25.
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`Defendant’s allegations have damaged HealFast’s Seller’s Account. Absent a
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`retraction, HealFast’s Seller Account is at risk of being suspended.
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`26.
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`Upon information and belief, even with a retraction by Defendant, HealFast’s
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`Seller Account has been permanently damaged.
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`27.
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`Among other things, HealFast’s Seller Account has been damaged in that its
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`scar gel listing is listed under Defendant’s Amazon Brand Registry portal, which limits
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`HealFast’s ability to run various marketing campaigns.
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`28.
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`Based on the foregoing, a justiciable controversy exists between HealFast and
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`Defendant as to whether HealFast’s sales constituted infringement and whether Defendant’s
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`actions constituted tortious interference and unfair competition.
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`29.
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`Absent a declaration of non-infringement and a finding of tortious interference,
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`Defendant will continue to wrongfully allege that HealFast infringes Defendant’s Marks, and
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`thereby cause irreparable injury and damage.
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 6 of 16 PageID #: 6
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`THE COEXISTENCE AGREEMENT
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`30.
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`Justin owns several trademark registrations and applications for HEALFAST,
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`HF, HEALFAST REJUVENATE, and HL HEALFAST. Defendants own certain trademark
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`registrations for HEELFAST and HEALFAST.
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`31.
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`On or about June 11, 2020, after certain disputes arose, Justin and Defendant
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`entered into a Trademark Coexistence and Settlement Agreement (the “Coexistence
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`Agreement”). The Coexistence Agreement prohibited Defendant from, inter alia, interfering
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`with Justin’s use of the HEALFAST mark.
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`32.
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`Justin has licensed its HEALFAST mark to HealFast.
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`33.
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`Justin has at all times complied with the Coexistence Agreement.
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`34.
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`In breach of the Coexistence Agreement, Defendant has interfered with Justin’s
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`use of the HEALFAST mark by filing frivolous Amazon Complaints against HealFast’s use of
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`the HEALFAST mark on Amazon. As a result of Defendant’s conduct, certain of HealFast’s
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`listings were suspended by Amazon.
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`DEFENDANT’S BAD FAITH ASSERTIONS OF DEFENDANT’S MARKS
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`35.
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`As discussed above, Defendant communicated with Amazon, alleging that
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`HealFast’s sales of HealFast’s Products infringe Defendant’s Marks.
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`36.
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`Defendant’s allegations were in bad faith. At the time of making the
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`allegations to Amazon, Defendant was aware that HealFast’s sales did not infringe
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`Defendant’s Marks. Moreover, such allegations breached the Coexistence Agreement
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`between Justin and Defendant since HealFast’s use of Justin’s trademarks inures to
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`Justin’s benefit.
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 7 of 16 PageID #: 7
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`37.
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`At the time of making the allegations to Amazon, and through the
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`continued non-rescission of its Amazon Complaints to Amazon, Defendant was aware that
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`Defendant’s Marks were not infringed.
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`38.
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`Any allegations that HealFast is infringing the Defendant’s Marks is
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`objectively baseless.
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`39.
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`An objectively baseless infringement claim is evidence of bad faith.
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`40. Moreover, Defendant knew or should have known, when it made its
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`allegations of infringement that such claims were without merit, and thus are evidence of
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`Defendant’s bad faith.
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`41.
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`At the time Defendant made the infringement allegations, Defendant was
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`aware that it would lose any infringement lawsuit it filed against HealFast.
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`42.
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`Upon information and belief, a complaint to Amazon does not require the
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`factual basis for an allegation of trademark infringement as Amazon routinely takes action,
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`even on frivolous complaints.
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`43.
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`Upon information and belief, the Amazon Complaints filed by Defendant
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`against Plaintiff makes it more likely that HealFast’s Amazon Seller Account will be
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`suspended and/or individual listings taken down in the future.
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`44.
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`As a result of these Amazon Complaints to Amazon made by Defendant,
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`HealFast’s reputation with Amazon has been damaged, and interference caused with
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`HealFast’s sales to existing and future customers. Moreover, HealFast’s reputation with
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`its customers has been damaged. Finally, Justin’s relationship with HealFast has been
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`damaged as a result of the Amazon Complaints.
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`

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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 8 of 16 PageID #: 8
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`COUNT I: DECLARATION OF NON-INFRINGEMENT OF
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`DEFENDANT’S MARKS UNDER THE LANHAM ACT
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`45.
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`Plaintiffs re-allege and incorporate the allegations in each of the paragraphs
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`in this Complaint as if fully set forth herein.
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`46.
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`Upon information and belief, Defendant asserted trademark infringement
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`allegations against Plaintiff of Defendant’s Marks in making its Amazon Complaints.
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`47.
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`HealFast’s sales of Healfast’s Products do not constitute trademark
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`infringement of Defendant’s Marks (or any other marks) under the Lanham Act.
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`48.
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`For at least the above reasons, HealFast is entitled to a judgment declaring
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`that it does not infringe, and has not infringed, Defendant’s Marks, and that its sales are
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`lawful.
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`COUNT II: DECLARATION OF NO FALSE DESIGNATION OF ORIGIN
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`49.
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`Plaintiffs re-allege and incorporate the allegations in each of the paragraphs
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`in this Complaint as if fully set forth herein.
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`50.
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`Since HealFast does not infringe Defendant’s Marks and fails to cause a
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`likelihood of confusion with Defendant’s Marks, HealFast’s advertising, offering for sale,
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`and sale of HealFast’s Products does not constitute a false designation of origin.
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`51.
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`HealFast’s actions do not cause confusion, mistake, or deceive affiliation,
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`connection or association of Defendant with HealFast.
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`52.
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`HealFast’s activities in advertising and sales do not attempt to profit from
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`Defendant’s reputation or goodwill.
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`53.
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`Accordingly, HealFast is entitled to a judgment declaring that no false
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`designation of origin exists.
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 9 of 16 PageID #: 9
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`COUNT III: DECLARATION OF FEDERAL UNFAIR COMPETITION
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`54.
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`Plaintiffs re-allege and incorporate the allegations of each of the
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`paragraphs of this complaint as if fully set forth herein.
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`55.
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`HealFast’s sale of HealFast’s Products in commerce is unlikely to deceive
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`consumers as to the origin, source, sponsorship, or affiliation of the products, and is
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`unlikely to cause consumers to believe, contrary to fact, that HealFast’s Products are sold,
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`authorized, endorsed, or sponsored by anyone other than HealFast, or that HealFast is in
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`some way affiliated with or sponsored by Defendant, under federal law.
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`56.
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`Plaintiffs’ actions are unlikely to confuse or mislead customers, vendors,
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`and the general public.
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`57.
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`For at least these reasons, HealFast is entitled to a judgment declaring that
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`HealFast does not cause unfair competition with Defendant’s Marks under federal law.
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`COUNT IV: DECLARATION OF NO
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`COMMON LAW TRADEMARK INFRINGEMENT
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`58.
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`Plaintiffs re-allege and incorporate the allegations in each of the paragraphs
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`in this Complaint as if fully set forth herein.
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`59.
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`For the reasons set forth above, HealFast does not cause a likelihood of
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`confusion, mislead customers, or in any way infringe Defendant’s Marks.
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`60.
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`Accordingly, Plaintiff is entitled to a judgment declaring that there is no
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`common law trademark infringement of Defendant’s Marks.
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`COUNT V: TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC
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`ADVANTAGE BY DEFENDANT
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`61.
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`Plaintiffs re-allege and incorporate the allegations in each of the preceding
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 10 of 16 PageID #: 10
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`paragraphs as if fully set forth herein.
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`62.
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`Due at least to offering its products for sale on the Amazon.com retail
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`platform, HealFast is a party to a valid contract with Amazon as well as HealFast’s
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`suppliers, enabling it to sell its products on the Amazon.com platform. HealFast has an
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`economic relationship with Amazon. HealFast continues to develop its economic
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`relationship with Amazon, and intends to continue selling on the Amazon.com platform,
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`and offering additional products for sale.
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`63.
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`HealFast further has reasonable expectations of entering into future
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`contracts with Amazon. HealFast intends to continue selling its products on Amazon.
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`64.
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`Defendant, due to being a seller itself on the Amazon platform, possesses
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`full knowledge of HealFast’s reasonable expectation of future contracts to continue selling
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`on Amazon.
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`65.
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`Defendant’s actions, described above, were solely out of malice, and used
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`dishonest, unfair and improper means.
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`66.
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`Such anti-monopolistic actions by Defendant were undertaken to stifle
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`competition and maximize profit, at the expense of competition.
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`67.
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`Due to Defendant’s acts, HealFast’s account with Amazon is at risk of
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`suspension or termination. Further, HealFast’s relationship with Amazon.com has been
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`permanently tarnished.
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`68. Moreover, HealFast has lost sales due to Defendant’s actions. For example,
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`HealFast’s scar gel listing is listed under Defendant’s Amazon brand registry portal,
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`limiting HealFast’s ability to run various marketing campaigns and generate sales.
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`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 11 of 16 PageID #: 11
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`69.
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`In fact, Defendant continues to tortiously interfere with Plaintiffs’ business
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`by refusing to retract its Amazon Complaints.
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`70.
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`Throughout the relevant time period, Defendant knew or should have
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`known that the HealFast’s sales of HealFast’s Products were lawful and not infringing
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`Defendant’s Marks.
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`71.
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`HealFast has suffered and will continue to suffer damages due to
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`Defendant’s tortious interference with its prospective economic advantage.
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`72.
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`HealFast has suffered and will continue to suffer irreparable harm due to
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`Defendant’s tortious interference with its prospective economic advantage.
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`COUNT VI: TRADE LIBEL
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`73.
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`Plaintiffs re-allege and incorporate the allegations in each of the paragraphs
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`in this Complaint as if fully set forth herein.
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`74.
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`Defendant knowingly, and without justification, made (and/or caused to be
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`made) materially false representations in writing to third parties, including to Amazon, by
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`which Defendant falsely stated that HealFast infringed Defendant’s Marks. Such
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`statements are materially false.
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`75.
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`Defendant’s statements were false in that, among other things, HealFast’s
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`sales were not infringing.
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`76.
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`Defendant’s materially false representations were calculated to impugn
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`HealFast’s business reputation and that of its products sold on Amazon and to dissuade
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`others from doing business with Plaintiff, and were calculated to otherwise interfere with
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`HealFast’s business relationships.
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`77.
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`Defendant’s materially false representations were substantial factors in
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`inducing others, including Amazon, to not have certain business dealings with HealFast.
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`78.
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`Defendant made (and/or caused to be made) such false communications
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`regarding HealFast knowingly, intentionally, in bad faith and motivated solely by
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`unrestrained self-interest, malice and/or disinterested malevolence, without legal or social
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`justification.
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`79.
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`Defendant’s willful and intentional misconduct, without HealFast’s
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`knowledge or consent, irreparably injured and caused damage to HealFast in its business
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`reputation.
`
`80.
`
`As a result of Defendant’s aforesaid acts and conduct, HealFast has been
`
`irreparably injured in its business and in its good name and character. HealFast’s standing
`
`in its business has also been seriously impaired. Moreover, HealFast’s listings were shut
`
`down during a critical period of time by Amazon as a result of Defendant’s Amazon
`
`Complaints.
`
`81.
`
`The false statements affected HealFast in its trade, business, and
`
`profession. Among other things, prior to Defendant’s false statements, HealFast was
`
`generating substantial revenue from the sale of the HealFast’s Products. However,
`
`HealFast’s revenue has decreased due to Defendant’s actions.
`
`82.
`
`As discussed in more detail above, at the time it made the false statements
`
`to Amazon, Defendant knew and/or should have known that such statements to Amazon
`
`were false or were made with reckless disregard for the truth in that Defendant knew that
`
`HealFast did not infringe Defendant’s Marks.
`
`83.
`
`Defendant’s statements were not mere statements of opinion.
`
`

`

`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 13 of 16 PageID #: 13
`
`84.
`
`HealFast is entitled to damages at an amount to be determined at trial.
`
`85.
`
`HealFast is entitled to an award of punitive damages in an amount
`
`sufficient to punish and deter Defendant from engaging in further knowing acts of trade
`
`libel.
`
`COUNT VII: NEW YORK STATE UNFAIR COMPETITION
`
`86.
`
`Plaintiffs re-allege and incorporate the allegations in each of the preceding
`
`paragraphs as if fully set forth herein.
`
`87.
`
`Defendant’s actions as set forth above, including making the Amazon
`
`Complaints to Amazon, constitute unfair competition in violation of New York Law.
`
`88.
`
`Defendant’s false allegations of its entitlement to trademark protections in
`
`enjoining lawful sales in commerce of Defendant’s Products has caused HealFast
`
`substantial and irreparable injury, including to its goodwill and reputation.
`
`89.
`
`Defendant’s actions have been intentional, willful and malicious.
`
`COUNT VIII: BREACH OF CONTRACT
`
`90.
`
`Plaintiffs re-allege and incorporate the allegations in each of the paragraphs
`
`in this Complaint as if fully set forth herein.
`
`91.
`
`Plaintiff Justin and Defendant entered into a Trademark Coexistence and
`
`Settlement Agreement, dated June 11, 2020 (the “Agreement”).
`
`92.
`
`Plaintiff Justin performed under the Agreement.
`
`93.
`
`The Agreement, a valid contract, obligated Defendant not to interfere with
`
`Samra’s use of the trademark HEALFAST. Defendant interfered with Samra’s use of the
`
`trademark HEALFAST by submitting false and malicious reports of infringement to
`
`

`

`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 14 of 16 PageID #: 14
`
`Amazon, causing Justin’s licensee, HealFast’s Amazon listing to be suspended.
`
`94.
`
`Defendant has been damaged as a result of Defendant’s breach.
`
`95.
`
`By reason of the foregoing, Defendant is liable in an amount to be
`
`determined at trial, plus attorneys’ fees and costs.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Plaintiffs respectfully request that this Court enter judgment
`
`against Defendant as follows:
`
`A.
`
`Adjudging that Defendant has committed acts of tortious interference with
`
`prospective economic advantage against Plaintiffs;
`
`B.
`
`Adjudging that Plaintiffs have not infringed and are not infringing, either
`
`directly or indirectly, any of Defendant’s Marks;
`
`C.
`
`Ordering Defendant to rescind all Amazon Complaints for intellectual
`
`property infringement filed or transmitted to Amazon related to HealFast and its Seller
`
`Account and/or Storefront;
`
`D.
`
`Ordering Defendant to cooperate with Plaintiffs in successfully removing
`
`all Amazon Complaints for intellectual property infringement filed or transmitted to
`
`Amazon related to HealFast and its Seller Account and/or Storefront;
`
`E.
`
`Awarding a permanent injunction enjoining Defendant from interfering
`
`with Plaintiffs’ business on Amazon.com, including, inter alia, enjoining Defendant from
`
`filing complaints of infringement relating to the HealFast’s Products;
`
`F.
`
`Awarding damages to be paid by Defendant adequate to compensate
`
`Plaintiffs for loss of business reputation and goodwill;
`
`

`

`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 15 of 16 PageID #: 15
`
`G.
`
`Awarding Plaintiffs monetary and any other damages, including punitive
`
`damages, for trade libel;
`
`H.
`
`Awarding a judgment that Defendant and each of its officers, directors,
`
`agents, counsel, servants, employees, and all of persons in active concert or participation
`
`with any of them, be restrained and enjoined from alleging, representing, or otherwise
`
`stating that Plaintiffs infringe any of Defendant’s Marks (including to Amazon) or from
`
`instituting or initiating any action or proceeding alleging infringement of any of
`
`Defendant’s Marks against Plaintiffs or any customers, manufacturers, users, importers,
`
`or sellers of HealFast’s Products;
`
`I.
`
`Declaring Plaintiffs as the prevailing parties and this case as exceptional,
`
`and awarding Plaintiffs their reasonable attorneys' fees;
`
`J.
`
`Ordering Defendant to pay all fees, expenses, and costs associated with this
`
`action; and
`
`K.
`
`Granting Plaintiffs such further relief as this Court deems just and proper
`
`under the circumstances.
`
`
`
`
`
`

`

`Case 2:22-cv-00592 Document 1 Filed 02/01/22 Page 16 of 16 PageID #: 16
`
`
`
`
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Federal Rule of Civil Procedure 38(b) and the Seventh Amendment, Plaintiffs
`
`demand a trial by jury on all claims and issues so triable.
`
`
`
`Dated: February 1, 2022
`
`New York, New York
`
`
`
`
`
`
`
`
`
` By: /s/ Serge Krimnus
`Andrew D. Bochner, Esq.
`Serge Krimnus, Esq.
`Bochner IP, PLLC
`295 Madison Avenue, 12th Floor
`New York, New York 10017
`(646) 971-0685
`
`Attorneys for Plaintiff
`
`

`

`IN THE UNITED STATESDISTRICT COURT
`FOR THE EASTERN DISTRICT OF NEW YORK
`
`Justin Samra and HealFastInc.,
`
`CIVIL ACTION NO.:
`
`Plaintiff(s),
`
`2:22-CV-00592-JMA-ARL
`
`Vv.
`
`Fortitude Health, LLC,
`
`ANSWER
`
`Defendant(s).
`
`I
`
`1.
`
`2.
`
`at
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`ADMISSIONS AND DENIALS
`
`Defendant denies the allegations and claims contained in paragraph 1 of wrongful and
`malicious actions and Breach of Contract. Plaintiff is left to his own proofs the balance
`ofhis allegations.
`
`Defendant denies the allegations and claims contained in paragraph 2 of the Complaint.
`
`Defendant admits the allegations contained in paragraph 3 of the Complaint.
`
`Defendant denies the allegations and claims contained in paragraph 4 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 5 of the
`Complaint.
`
`Defendant denies the allegations and claims contained in paragraph 6 of the Complaint.
`
`The defendant neither admits nor deniesthe allegations contained in paragraph 7 of the
`Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 8 of the
`Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 9 of the
`Complaint.
`
`Defendant admits the allegations contained in paragraph 10 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 11 of the
`Complaint.
`
`The defendant neither admits nor deniesthe allegations contained in paragraph 12 of the
`Complaint.
`
`

`

`13.
`
`14.
`
`15.
`
`16.
`
`17,
`
`18.
`
`19.
`
`20.
`
`21,
`
`22.
`
`23.
`
`24,
`
`25.
`
`26.
`
`27,
`
`28.
`
`29.
`
`30
`
`31.
`
`32.
`
`33.
`
`34,
`
`Defendant admits in part and deniesin part of the allegations contained in paragraph 13
`of the Complaint.
`
`Defendant admits in part and deniesin part of the allegations contained in paragraph 14
`of the Complaint.
`
`Defendant denies to the extent that the defendant does not conduct business in the Eastern
`District of New York.
`
`The defendant denies the allegations contained in paragraph 16 of the Complaint.
`
`The defendant admits the allegations contained in paragraph 17 of the Complaint.
`
`The defendant denies the allegations contained in paragraph 18 of the Complaint.
`
`The defendant denies the allegations contained in paragraph 19 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 20 of the
`Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 21 of the
`Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 22 of the
`Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 23 ofthe
`Complaint.
`
`The defendant denies the allegations contained in paragraph 24 of the Complaint.
`
`The defendant denies the allegations contained in paragraph 25 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 26 of the
`Complaint.
`
`The defendant denies the allegations contained in paragraph 27 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 28 of the
`Complaint.
`
`The defendant denies the allegations contained in paragraph 29 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 30 of the
`Complaint.
`
`The defendant admits the allegations contained in paragraph 31 of the Complaint.
`
`The defendant neither admits nor denies the allegations contained in paragraph 32 of the
`Complaint.
`
`The defendant denies the allegations contained in paragraph 33 of the Complaint.
`
`The defendant denies the allegations contained in paragraph 34 of the Complaint.
`
`

`

`The de