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Sept 24, 2013

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Viahart Said Its Brain Flakes Are As Famous As Nike Per Amazon Reviews Amendment Mulled

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Dec 2 – Viahart based in Wills Point, Texas believes that its "Brain Flakes" brand is as well known as Coca-Cola and Nike. So it is suing.  

  On February 22 U.S. District Court for the Southern District of New York Judge Gregory H. Woods held a proceeding. Inner City Press covered it.

   Judge Woods asked Viahart's lawyer for the basis of claiming this fame of Brain Flakes.

The response cited Amazon reviews, even Pinterest posts.

Update of February 24: to enlarge the record, and to be responsive as so many aren't, we noted also "Brain Flakes' articles in the Wall Street Journal and New York Times."

Judge Woods advised addressing it in upcoming briefs. He declined to stay discovery.

On December 2, Judge Woods held another proceeding in the case and Inner City Press again covered it. Now the talk was of an amended complaint. Litigation can be slow.

The case is Viahart, LLC v. Creative Kids Online, LLC et al., 20-cv-9943 (Woods)



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