The TBR Labs bottles that have the above seals on them are shown below:
To whom it may concern:
document has been prepared in conjunction with Barney Madsen and Joe
Hepworth of Fillmore Spencer, LLC, of Provo Utah, with documentation
provided by the 4th District Court, Judge Fred D. Howard, Utah County,
State of Utah and the management staff of Immune Tree, Inc.
An August 31, 2011 decision, Judge Fred D. Howard ruled in favor of the Kleinsmith's, noting, "The Court finds that the Immune Tree Parties retained ownership of the Immune Tree name and promotional image, and that the license of use granted to the Henage Parties was revocable, and was validly revoked."
According to the decision, "The Court therefor ORDERS that (1) the Henage Parties are enjoined from making any further use of the IMMUNE TREE trade name and trademarks and the IMMUNE TREE CERTIFIED trademark, (2) the Henage Parties are required to certify that they have given immediate written notice to their customers and potential customers of each of the terms in this order, and (3) the Henage Parties are required to return access and control of the immunetree.com domain name and website to Anthony L. Kleinsmith."
We revoked the right for them to use the Immune Tree name or Immune Tree certification on any of their products in May of 2010. TBR Labs ignored our revocation and continued to use the Immune Tree name on their products (even though they weren't using Immune Tree colostrum) which fooled many customers into thinking they were receiving Immune Tree colostrum when in fact they were not.
Claiming to use Immune Tree colostrum while changing the name of their product to "Protomune Colostrum"
Immune Tree colostrum, known as BCP-Ig200, is the highest quality colostrum available on the market. It is only available to Dr. Anthony Kleinsmith, Ph.D. (owner of Immune Tree), as he is the formulator of the product! TBR Labs is the registered owner of the PROTOMUNE trademark for "dietary and nutritional supplements." (USPTO Reg. No. 3993687). We at Immune Tree have never heard of Protomune nor has it ever been a word associated with our products. To reiterate, "Protomune" colostrum is NOT Immune Tree Certified.
Unauthorized Use of Formulations
After parting ways with TBR Labs early in 2010, we rescinded the right for them to continue using any Immune Tree formulations in May of 2010. They ignored the rescind letter sent by our attorneys and continued using our product names and formulations.
Fraudulently using article written by Dr. Eng Huu
In a summer 2011 edition of the Healthy Living Magazine, TBR Labs used without permission, an article originally written for Dr. Anthony Kleinsmith, Ph.D. by Dr. Eng Huu without his knowledge or consent. Dr. Huu sent us a letter stating that he does not endorse TBR Labs' products and has nothing to do with them.
TBR Labs has been utilizing an anonymous defamatory fraud website in an attempt to ruin Anthony Kleinsmith's name and reputation and prevent consumers from doing business with us. Although TBR Labs claims to have nothing to do with this website, they have been directing people to it from their homepage www.tbrlabs.com and www.immunetree.com. Also, under oath and in his deposition, TBR Labs owner Rick Henage admitted to providing the information found on the fraud site.
Fillmore Spencer, LLC
3301 North University Avenue
Provo, Utah 84604