“Being the first person to file an application to register a trademark does not guarantee that you will get priority over the trademark. Instead, the date on which a mark was first used in commerce determines the right of priority to the mark. Also, the geographical area in which the mark was used.” (in this case all 50 states)
“Imitation is the ultimate form of flattery”
Flex Nutrition™ was founded in Connecticut in the year 2000. Flex Nutrition began offering dietary supplements in Muscle and Fitness Magazine operating and advertising in the geographical area of all 50 States ever since. Flex Nutrition trade name has been a distinctive brand since the year 2000 for our products in commerce. Many deceptive Imitators of the Flex Nutrition brand have come with the growth of the internet and social media. Since the year 2000 we have consistently maintained a great following and sales volume at Flex Nutrition™ year after year. We have an open door policy and offer the physical address(not a po. box), telephone #, and an e-mail contact option. Some nutrition stores have only a facebook page for a point of contact and that’s fine but you must ask yourself, if they were the real Flex Nutrition would they have the www.facebook.com/flexnutrition and the domain name www.flexnutrition.com.
More importantly, question if they can produce evidence that they have used the Flex Nutrition name in commerce in their geographical area before we did because we have the proof!
IF THEY ARE NOT AFFILIATED WITH FLEXNUTRITION.COM
They are not the REAL Flex Nutrition!™
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“Imitation is the ultimate form of flattery”
The first written piece of this proverb is seen in the biography of Marcus Aurelius by Jeremy Collier and André Dacier, titled Emperor Marcus Antoninus his conversation with himself, 1708
“You should consider that Imitation is the most acceptable part of Worship, and that the Gods had much rather Mankind should Resemble, than Flatter them.”
Another was an English writer Eustace Budgell in the newspaper The Spectator No. 605, October 1714:
“Imitation is a kind of artless Flattery.”
The most famous of them all came from Charles Caleb Colton, in Lacon: or, Many things in few words, 1820:
“Imitation is the ultimate form of flattery”
