ENERGIZER FRAUD PROMPTS BOYCOTT BY LEADING CONSUMER HEALTH EXPERT, DR. LEONARD HOROWITZ
(JudicalCorruptionNews.com)–Lawyers for the “Energizer Bunny” have hijacked web domains owned by an internationally renowned consumer activist and medical journalist, Dr. Leonard G. Horowitz, who says the fraud encourages people worldwide to “Boycott the Bunny” as well as it’s parent company, Nestlé.
In 2011, Dr. Horowitz, a Harvard-trained consumer protector with advanced degrees in energy medicine began selling pyramid-shaped electro-magnetized self-therapy devices called “energizers.” One design he advertised as “528 AUTO ENERGIZERS” for use in motor vehicles. To prompt sales, the doctor purchased several domains including AUTOENERGIZERS.com, AUTOENERGISERS.com, and 528AUTOENERGIZERS.com.
But in October, 2015, Energizer Brands, LLC, spun from Nestlé -Ralston-Purina as a branch of the Eveready Battery Co., claimed “consumer confusion” and “trademark infringement.” The Bunny Company then “hijacked” the doctor’s domains, and blocked his sales of “Pyramid Energizers” damaging the widely known whistleblower.
Without any evidence of “consumer confusion,” Energizer filed a complaint with ICANN—the Internet Corporation for Assigned Names and Numbers (ICANN /ˈaɪkæn/ EYE-kan)—a purportedly “nonprofit organization” formed by the Secretary of State for California. The corporation advertises that it maintains “namespaces” on the Internet. Simultaneously, Energizer complained to the National Arbitration Forum (NAF) to block the doctor’s domains and effect their “transfer.” The action amounts to attempted theft and criminal conversion, according to Dr. Horowitz.
Shockingly, the NAF, also called the “FORUM,” NAF, has a history of damaging consumers through corrupt lawyers “arbitrating” to benefit complicit corporations. The NAF is advertised as a leading commercial dispute arbitrator and Internet domain rights enforcer. But critics and class action lawsuits filed by NAF victims evidence something else.
“This is a new form of ‘regulatory capture,” Dr. Horowitz explained. “In this case you have the State of California backing a company commissioned to secure Internet domain owner’s rights and properties, getting co-opted by lawyers complicit in extortion, mail fraud, wire fraud, consumer fraud, unfair competition, deceptive trade, and property theft.”
Energizer Defect Exposed Threatening the Famous Trademark
Most noteworthy to Wall Street investors in this unprecedented legal battle is that Dr. Horowitz has challenged the famous “ENERGIZER” trademark by counterclaiming that the Eveready Battery Company abandoned its trademark in the doctor’s particular industry– “Pyramid Energizers.” (Click Response and Memorandum 1-5-16 to read the doctor’s response to Energizer.) So besides committing consumer fraud, unfair and deceptive trade, and extortion to steal Horowitz’s domains, Eveready’s claims were filed in “bad faith.”
During the past several years, not only did Nestlé/Eveready/Energizer neglect many manufacturers, sellers, and advertisers of “pyramid energizers,” but their “word mark” itself–“ENERGIZER”—was obviously recognized by company officials as weak. This weakness caused the company to develop the stronger “ENERGIZER DESIGN” mark, and even more, their substitute mark–the famous “ENERGIZER BUNNY.”
Horowitz and case law argues that when a company neglects to enforce its exclusive rights to a word mark in a specific “genus and species” of industry, and the word comes into common use in English language, the trademark, even if famous and powerful, becomes “legally void.”
Apple, Inc. is one example of a powerful trademark that is powerless to assert exclusivity in the fruit industry.
Likewise, the doctor says the ENERGIZER word mark is legally void in “energy medicine,” in the “pyramid energizer industry,” and in the field of nutrition. Evidence for this is online. Many vendors advertise products and services for natural healing using the common word mark “energizer.” Eveready neglected competitors’ use of its purported mark, including HERBAL SUPERFOOD ENERGIZER that is advertised by the large Healthy Directions Company.
The word “energizer” also appears in dictionaries. The noun “energizer” is associated with the verb to “energize.” These words convey “generic” meanings. And these facts also legally void Eveready’s famous word mark in some industries.
The word “energizer” is commonly used by masses of people in religious, metaphysical, and New Age communities. Consumers regularly refer to energizing someone or something. “Energizers” deliver healing energy to many things, including people, plants, animals, and patients throughout healthcare.
For the aforementioned reasons, the “Bunny Company’s” word mark “ENERGIZER” must be considered a “pseudo-mark,” according to Horowitz and legal precedents. Eveready’s mark is legally void in Horowitz’s industries.
Energizer Brands, LLC, Faces Counterclaim for Fraud
Horowitz counterclaimed fraud because not only did Energizer Brands, LLC, fraudulently conceal the generic weakness of its famous ENERGIZER trademark to obtain the doctor’s domains, but also the fact that the company directly competes with the doctor’s nutritional product, “528 SUPERFOOD” with “ENERGIZER BUNNY TRAIL MIX” and a host of Nestlé food products.
Also, without any evidence of “consumer confusion” fundamental to trademark infringement lawsuits, lying lawyers at Hunton & Williams libeled Horowitz in their complaint, claiming he was guilty of “bad faith” in capitalizing on the famous ENERGIZER mark. The lawyers argued that Horowitz’s “bad faith” was sufficient to deprive the doctor of his commercial rights. Then they used this argument to justify their hijacking his domains.
Karma Comes to Energizer
To help administer “karma,” the consumer protector is calling for a public protest by boycott against Nestlé and Energizer, encouraging people and companies to use alternative products, as well as the genericized word “energizer” for biomedical and ecclesiastical commerce.
This way, the doctor hopes to alert Internet users about domain theft schemes, special interests damaging free and fair commerce on the Internet, and spread the wonderful truth about the benefits of “energy medicine,” including magnetic products and services already used successfully by millions of people, especially in Japan and China.
“The Energizer Bunny has morphed into a litigious ogre,” Dr. Horowitz said. “It should be taught a lesson worthy of an international boycott of the company, its parent company Nestlé, and their products.”
CLICK HERE to continue reading this article, including how “Regulatory Capture” damages America and governments worldwide. . . .
CLICK HERE to read the doctor’s Move To Strike Supplemental Pleadings 1-11-16 in the case of Energizer Brands, LLC v. Horowitz et. al.