Tishcon Hits Twinlab with Two Lawsuits

Tishcon Hits Twinlab with Two Lawsuits

WESTBURY, N.Y.--Tishcon Corp., based here, filed a $50 millionlawsuit against Hauppage, N.Y.-based Twin Laboratories Inc. in early July.Tishcon charged Twinlab, in a complaint filed by New York-based Aufrichtig,Stein & Aufrichtig, P.C., with unfair competition due to false andmisleading claims for its Twinsorb CoQ10 product.

Tishcon (www.tishcon.com) sells a CoQ10soft gelatin product under the registered name Q-Gel; Twinlab (www.twinlab.com)sells a similar product named Twinsorb (and another CoQ10 product calledChanges). According to the complaint, Twinlab began making false, misleading anddisparaging claims when comparing its product with Tishcon's. These claimsappear on Twinlab's Web site, product labeling and print ads.

Twinlab also stated in its claims that Twinsorb is based on a patentedformula, which the complaint stated it is not. The complaint alleges that thesefalse advertising practices and statements "...were intended to harmTishcon's interest by seeking to persuade Tishcon's customers and potentialcustomers not to buy the [Q-Gel]."

As a result, it is asking for compensatory damages in the amount of $50million. Tishcon is also asking that the company destroy false or misleadinglabels, advertising and other promotional materials.

"Twinlab unfairly competed with Tishcon by making improper claims aboutefficacy and patenting," stated Peter Aufrichtig, a lawyer at the firmrepresenting Tishcon. "Tishcon takes these offenses very seriously. In amarketplace, people compete fairly. When that doesn't happen, you have toenforce your rights to get onto a leveled playing field."

In its second suit, Tishcon stated that Twinlab infringed on a patenteddelivery method that has been exclusively licensed to Tishcon. The company isseeking an injunction against Twinlab from using U.S. Patent No. 6,056,971, anapplication from Biosystes USA Inc. that covers a delivery method that helpsdissolve relatively insoluble dietary supplements. Twinlab stated it had nocomment on these lawsuits.