Author Topic: Jay Cutler sues Nutrition company for Fraud! (Read 14896 times)

TK · « **on:** July 07, 2006, 03:09:14 PM »

Body Builder Sues Nutrition Company For Fraud

(CBS) LOS ANGELES A professional body builder is suing a nutrition company for allegedly using his image on its products without permission, according to court documents obtained Friday.

Jay Cutler is alleging misappropriation of image and likeness of NDS Nutritional Products Inc. for invasion of privacy and unjust enrichment. He is seeking unspecified general, special and punitive damages.

He filed his lawsuit in California because NDS Nutritional Products does regular business in the state, selling such offerings as "Explosive Stack," "Elite Sports Line," "Evolve XL" and "Omega Cuts," according to his court papers.

NDS used an image of a photograph of Cutler taken at a bodybuilding contest and placed it on its products without paying him or getting his permission, the lawsuit alleges.

The image is cropped and has lightening bolts over it, but the person is indisputably Cutler, according to his lawsuit.

"The image is readily identifiable as being an image of (Cutler)," the lawsuit states.

Cutler has granted a license to use his image to a number of bodybuilding-related companies, including Muscletech, according to the suit, which says he has "created a lucrative business out of selling products featuring his body, including videos, photographs, books and clothing."

Cutler has one of the most recognizable bodies in the world, according to his lawsuit.

He has won three straight Arnold Schwarzenegger Classic body builder contests and placed second for three consecutive years in the Mr. Olympia competition.

I ETA PI · « **Reply #1 on:** July 07, 2006, 03:13:12 PM »

SUED!

gmflex · « **Reply #2 on:** July 07, 2006, 03:17:27 PM »

I wonder if he has Kamali's Lawyer

Hopefully not $:-\$

youandme · « **Reply #3 on:** July 07, 2006, 03:22:52 PM »

Wow, can't believe NDS thought they could use his image and get away with it

MADMAX6 · « **Reply #4 on:** July 07, 2006, 03:37:31 PM »

This is ABSOLUTELY true and it has been going on for a while now, I can't believe it just came out. The pic is from the 2003 Ironman and I saw it myself as I purchased the box from their website directly. These guys are SCREWED!!!!

alexxx · « **Reply #5 on:** July 07, 2006, 03:40:19 PM »

hahaha more power to Jay!

240 is Back · « **Reply #6 on:** July 07, 2006, 03:42:05 PM »

smack em, jay.

alexxx · « **Reply #7 on:** July 07, 2006, 03:43:40 PM »

Quote from: G o a t b o y on July 07, 2006, 03:38:16 PM

The defense calls Jay Cutler to the stand!

"Mr. Cutler, have you ever used illegal steroids?"

"objection!"

"goes to credibility, your honor."

"overruled... the witness will answer"

"My answer might tend to incrininate me, so I take the fifth, your honor"

"Mr. Cutler, are you currently on illegal steroids?"

"Mr. Cutler, are you currently using any other illegal substances?"

"Mr. Cutler, have you ever sold steroids or any other illegal substances?"

"Mr. Cutler, are you aware of prostitution or other illegal sexually-related offenses occurring in or around the IFBB and the bodybuilding industry?"

"Mr. Cutler, would you characterize most of your fellow athletes as honest, law-abiding citizens?"

(After 20 more similar questions, all answered by the witness taking the fifth...)

"Ladies and gentlemen of the jury, I rest my case".

lol good point but he still wins.

saucetradomous · « **Reply #8 on:** July 07, 2006, 03:46:42 PM »

Anyone got the product label pic?

alexxx · « **Reply #9 on:** July 07, 2006, 03:48:31 PM »

Quote from: Matt C on July 07, 2006, 03:45:53 PM

http://www.cbs2.com/local/local_story_188164413.html

ummm is that a little bit of a man crush on your part?

G o a t b o y · « **Reply #10 on:** July 07, 2006, 03:49:45 PM »

Quote from: alexxx on July 07, 2006, 03:43:40 PM

lol good point but he still wins.

Yeah, you're probably right. Supp company owners are so sleazy they make IFBB pros seem like boy scouts by comparison.

That would be a better strategy for defending 240 or any other message-board kid against a Kamali "libel suit".

MADMAX6 · « **Reply #11 on:** July 07, 2006, 03:55:35 PM »

I just called Jay in Louisiana to tell him that this just got posted and he said that it's pretty much over for these guys. It'll be a nice little chunk for Cuts. Good for you bud.

JMentis · « **Reply #12 on:** July 07, 2006, 03:57:38 PM »

I had the same problem in 2001 when I contacted the owner of this company to tell him that the person in the pic was me...he said "and".."take me to court". He never thought I was going to.

I took this company all the way to Federal court and won. I'm sure Jay will to.

MADMAX6 · « **Reply #13 on:** July 07, 2006, 03:59:11 PM »

Quote from: saucetradomous on July 07, 2006, 03:46:42 PM

Anyone got the product label pic?

Yes.

Bluto · « **Reply #14 on:** July 07, 2006, 04:03:20 PM »

post it

DragonsBreath · « **Reply #15 on:** July 07, 2006, 04:06:46 PM »

Nice going NDS!

Monster unauthorized use of an athlete's image.

G o a t b o y · « **Reply #16 on:** July 07, 2006, 04:22:09 PM »

Quote from: Matt C on July 07, 2006, 03:57:48 PM

Excellent. Bankrupting a business that probably wasn't even generating any profit to begin with. Good work Jay.

If the guy's smart, he will have set up the company as an LLC, with either no assets, or any assets stripped of all equity by being mortgaged top-to-bottom. Even the product trademarks should be held by another entity and leased back, so as soon as he loses in court, he can Chapter 7 the whole thing and be set back up free and clear by next week.

Winning a judgement is one thing, collecting is another.

JMentis · « **Reply #17 on:** July 07, 2006, 04:23:24 PM »

Quote from: G o a t b o y on July 07, 2006, 04:22:09 PM

If the guy's smart, he will have set up the company as an LLC, with either no assets, or any assets stripped of all equity by being mortgaged top-to-bottom. Even the product trademarks should be held by another entity and leased back, so as soon as he loses in court, he can Chapter 7 the whole thing and be set back up free and clear by next week.

Winning a judgement is one thing, collecting is another.

That's what happened in my case the owner dod the same thing. It was uncovered and the jury still slapped him.

JMentis · « **Reply #18 on:** July 07, 2006, 04:24:39 PM »

You collect from the insurance policy they are holding.

Slick Vic · « **Reply #19 on:** July 07, 2006, 04:27:50 PM »

Now that's a rightful lawsuit.

ReEvolution · « **Reply #20 on:** July 07, 2006, 05:28:01 PM »

Cutler is doing what he has to do, protecting his image. gotta respect that. thing is he won't see a dime. company will fold. there's a good chance they thought this could happen and have somewhat prepaired for it. jay will get his image removed, that's it.

benchthis · « **Reply #21 on:** July 07, 2006, 05:32:41 PM »

wtf 80$ for a 4 pound jug of protein this company should be sued on that alone

Saskbb · « **Reply #22 on:** July 07, 2006, 05:49:34 PM »

The company will have a few more years. The civil court system is very slow moving. Secondly they just shut down and start up under a different name. I love corp. law!!!!

G o a t b o y · « **Reply #23 on:** July 07, 2006, 06:16:26 PM »

Quote from: Saskbb on July 07, 2006, 05:49:34 PM

The company will have a few more years. The civil court system is very slow moving. Secondly they just shut down and start up under a different name. I love corp. law!!!!

Exactly. There won't be any assets at the end of the line, and all Jay will get for his trouble is legal bills.

benchthis · « **Reply #24 on:** July 07, 2006, 06:17:40 PM »

whatever

Author Topic: Jay Cutler sues Nutrition company for Fraud! (Read 14896 times)

Slick Vic