FOR IMMEDIATE RELEASE
TAMPA, Sept. 21, 2022 -- PROCCOR Pharmaceuticals Inc., a Florida based corporation specializing in the manufacture, formulation and distribution of world-class dietary supplements, has filed a federal lawsuit against Washington based Thin Fit Line LLC for continued and willful infringement in connection with PROCCOR Pharmaceuticals Inc.'s NIGHTSHIFT mark.
PROCCOR Pharmaceuticals Inc. is the sole creator and only entity to ever use the NIGHTSHIFT trademark circa 2017, 2 plus years prior to Thin Fit Line LLC, in connection with its highly popular, globally distributed, and scientifically validated sleep and recovery aid NIGHTSHIFT. Thin Fit Line LLC and its officers have defrauded the USPTO in their attempts to register PROCCOR Pharmaceuticals Inc.'s NIGHTSHIFT mark, and falsely claimed under perjury that Thin Fit Line LLC is the only entity to ever use the mark despite PROCCOR Pharmaceuticals Inc. notifying Thin Fit Line LLC within weeks of its first claimed use anywhere, and further falsely claimed under perjury that Thin Fit Line LLC first learned of PROCCOR Pharmaceuticals Inc.'s existence upon its opposition to Thin Fit Line LLC's application in front of the TTAB.
PROCCOR Pharmaceuticals Inc. has offered Thin Fit Line LLC various opportunities to settle, however Thin Fit Line LLC has disregarded these attempts, continued its willful and blatant infringement, and has even come forward to openly state that PROCCOR Pharmaceuticals Inc. would not sue. As a result, PROCCOR Pharmaceuticals Inc. has sued Thin Fit Line LLC and its principal officers personally, Dan McBride and Grant Dunn, for fraudulent and willful acts of infringement, including perjury in front of the TTAB.
Due to the willful nature of the infringement, PROCCOR Pharmaceuticals Inc. has asked the court to award injunctive relief, treble damages, punitive damages, and attorney's fees and any other fees the court sees just. PROCCOR Pharmaceuticals Inc. looks forward to this action finally being brought to federal court where the substantial evidence will prove Thin Fit Line LLC's blatant willful infringement and its owner's perjury in their attempts to infringe and gain a competitive market advantage.
PROCCOR Pharmaceuticals Inc.'s CEO, Ross Krigsman, stated "We are a very reasonable entity and many of the massive/leading companies and retailers on the market who work with us and/or license IP from us can attest to this. Unfortunately, sometimes companies and individuals misinterpret kindness for weakness, and Thin Fit Line has had plenty of opportunities to resolve this amicably, and prompt and swift action must be taken to ensure these practices are not tolerated - this is one of those cases."
PROCCOR Pharmaceuticals Inc. is a seasoned dietary supplement manufacturer of clinically dosed, efficacious and clean nutritional supplements, with over 15+ years of industry presence, with multiple #1 product/formula awards throughout the world. PROCCOR Pharmaceuticals Inc.'s products are distributed through world wide distributors, Amazon, reputable online retailers (i.e. TigerFitness.com) and brick and mortar stores throughout the United States. Instagram: @officialproccor www.proccor.com