Grab a seat folks, because this is happening.
Today while checking PACER, we saw that there was a Motion to Correct/Amend the Jim Stoppani Lawsuit. Had the two sides reached a settlement???
Not. Even. Close.
Bodybuilding.com has amended the lawsuit to include GNC, and they are seeking $100,000,000 in damages
You can download the amended lawsuit below:
This is not a joke nor a drill. The two behemoths are about to clash.
The Lawsuit Bullet PointsIt seems that the points against Jim Stoppani remain the same (read about them here). The changes include GNC:
- Bodybuilding.com is seeking $100,000,000 in damages. (Page 19)
- Bodybuilding.com is seeking cancelation of Trademark No. 4,561,658 (“JYM Supplement Science”)
- Bodybuilding.com has named “DOES 1-100” — These are “John Doe’s” to be named in the future, and we assume they are reserved for any individual franchisees or other stores who dare sell any JYM Product.
- The complaint includes comparisons of the new “JYM 2.0” labels as evidence that Bodybuilding.com’s JYM mark has been violated.
- Bodybuilding.com’s lawyers caught Jim Stoppani using his website to state that his products won the Bodybuilding.com Award of Excellence, but now show the new GNC JYM 2.0 pictures (new products that never won any such awards!) — a major conflict of interest. Basically, he got caught only half-updating his site.
- Bodybuilding.com claims to have sent warnings to both GNC and JYM about this (presumably during the summer), and those warnings clearly went unheeded.
Advice to GNC franchisees and other stores:
Due to the third point, we strongly recommend anyone considering selling JYM supplements, or making a Pre-JYM knockoff, to seriously reconsider. Bodybuilding.com is clearly not in a joking mood today, and their employees have now submitted sworn affidavits stating that Bodybuilding.com formulated Pre-JYM, not Jim Stoppani.
Will this case settle?
In the video posted on September 21, Mike stated that he believes this will settle — “there can’t be a black cloud hanging over our heads for a whole year”. We aren’t so sure this is going to happen anymore.
GNC may wish to settle since they’re a publicly traded company, but the feud between Stoppani and Bodybuilding.com seems to be deep. Once again, everyone’s chips are 100% all-in.
This video was posted before word of the GNC amendment to the lawsuit:
Bodybuilding.com has also updated the statement on their page, now stating the fact that they’re suing GNC.
Follow-Up Evidence Posted:
Since posting this, we’ve unearthed additional information and evidence in sworn affidavits:
- Meet the Man Who REALLY Formulated Pre-JYM – Posted on October 4, 2016
- Who Owns JYM? This Email Evidence May Make the Case – Posted on October 6, 2016
- What’s JYM Really Worth? The Numbers You Won’t Believe – Posted on November 19, 2016
We are yet to reach GNC for comment.
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- Bodybuilding.com; “A Few Words About The JYM Brand”; Updated September 22, 2016; http://www.bodybuilding.com/fun/a-few-words-about-the-jym-brand.html