“This Action stems from Plaintiff Zosma Ventures, Inc.’s (“Plaintiff”) trademark infringement dispute with Defendants Mojdeh Nazari (“Nazari”), Viva Pharmaceutical, Inc. (“Viva”), and American Export Lines, Inc. (“AEL”) (collectively, “Defendants”).1

Plaintiff is a Delaware corporation that is in the business of selling dietary and nutritional supplements, such as fish oil supplements, through its subsidiary company, Formulated Sciences, Inc. (“Formulated Sciences”), a California Corporation. Plaintiff is the trademark holder of various Formulated Sciences trademarks (“Zosma Trademarks”), including the mark FORMULATED SCIENCES, that are at issue in this Action.

Plaintiff alleges that Defendant Nazari was previously the exclusive licensee of its products in the Middle East between 2003 and 2008. However, Plaintiff alleges that in 2008, Defendant Nazari ceased communications with Plaintiff, reneged on a purchased order, and discontinued her rights to use Plaintiff’s trademark.

Plaintiff alleges that in 2010, it learned that counterfeit fish oil products bearing the Zosma Trademarks were being sold in Iran, and suspected that Defendant Nazari was involved. Some of the nutritional supplements allegedly bear the name “FormAlated Sciences.” Further, in December 2011, Defendant Givi (who has since been dismissed from this Action) allegedly submitted a trademark application to the USPTO for the mark FORMATIVE SCIENTISTS, which was denied.

Plaintiff claims that Defendants operated a multinational counterfeiting scheme with its nerve center in Los Angeles involving fish oil products. Plaintiff alleges that Defendants Nazari and Givi utilized a manufacturer, Defendant Viva, located in British Columbia, to produce fish oil products that were labeled with Plaintiff’s trademarks or marks confusingly similar to Plaintiff’s trademarks. Plaintiff alleges that once Viva completed manufacture of the fish oil products, the goods were shipped to Iranthrough the United States by AEL.

In its Complaint, Plaintiff alleges claims for (1) federal trademark infringement and counterfeiting under the Lanham Act; (2) unfair competition and false designation under the Lanham Act; (3) federal trademark dilution under the Lanham Act; (4) common law trademark and trade name infringement; (5) California trademark dilution; and (6) California state law unfair competition.”



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