Power Balance Class Action lawsuit

January 5th, 2011

Download pdf of class action lawsuit against Power Balance
The Power Balance® products class action lawsuit is related to how the company marketed their wristbands, bracelets, pendants, and the other mylar hologram products they sold by purposefully misleading the public and falsely advertising and marketing regarding close proximity body placement equals body enhancement benefits.

Some of the Power Balance bracelet claims have been when worn close to the body the user may experience physiological benefits including but not limited to increased strength, balance, flexibility, and other claims made by those selling these retail.

I have heard claims of better grades in school by wearing these ridiculous things. The reality outside of the realm of magic and fairy dust is that the bracelet offers 100 % no physiological benefits whatsoever. GOT IT! GOOD!

Power Balance Bracelet Scam

Batungbacal vs. Power Balance LLC et al., Case No. SACV-11-18 CJC
Unites States District Court – Central District of California, Southern Division.
Judge Cormac J. Carney

ABOUT THE LAW FIRMS:
The Power Balance class action lawsuit is being brought by two premier Southern California Plaintiff Law Firms:

Panish Shea & Boyle LLP

www.psandb.com
1-877-800-1700

The X-Law Group PC

www.xlawx.com
1-888-55-XLAWX

ABOUT THE PRODUCT:
Power Balance has distributed in commerce, among other things, the Power Balance Bracelets, Power Balance Wristbands, Power Balance Pendants, Power Balance necklaces and other Power Balance Jewelry. (“Power Balance Accessories”). The Power Balance Accessories are sold with one unifying notice, that they contain one or more “Mylar Holograms” which are worn sitting close to the body. Since beginning to sell and distribute the Power Balance Accessories, Power Balance made the same, consistent and repeated representations on their websites, on packaging, in store displays, at live exhibitions, through paid testimonials, through press releases and in other forms of marketing and advertising, representing that the “Mylar Holograms” contained in every Power Balance Accessory maintained properties they didn’t as well as gave users and/or consumers that wore a Power Balance Accessory physiological benefits they couldn’t.

The plaintiff in this case is Andre Batungbacal and is individually and on behalf of others complaining and alleging several things in the class action. The defendants are Power Balance LLC, Josh Rodarmel, Troy Rodarmel, and Keith Kato. They are accused of deceptive and misleading conduct in marketing advertising, selling, promoting and distributing products by them manufctured, sold and/or distributed.

In the lawsuit they are collectively referred to as Power Balance Accessories. The defendants began selling these bracelets in 2007. Each bracelet or product is sold with one unifying notice and that is that they contain one or more “Mylar Holograms” which should be worn sitting close to the body.

Some of the supposed benefits claimed but yet could not be delivered by the Power Balance bracelet are:

“Power Balance holograms are embedded with frequencies that react positively with your body’s natural energy field to improve balance, strength and flexibility;
“Power Balance holograms are designed to work with your body’s natural energy field;
Power Balance is Performance Technology;
Power Balance products boost the body’s self defense mechanisms creating the immediate benefits of strength, balance and flexibility gain;
When the hologram comes into contact with your body it gives you that added balance, stregth, flexibility;
Use of the Power Balance results in lots of endurance and stamina”

By the use of these claims the defendants were able to sell over 3 million units in less than 3 years. Since Australia was able to get Power Balance to admit to fraud this became an easy lawsuit to bring up in US courts because the CEO set a precedent by admitting to fraud in Australia.

The ads in the US were identical to the ones in Australia so Power Balance has no chance in hell of winning this case.

Power Balance is about to go down and I suspect that C Prime, EFX, Chi Aura, QRay, IRenew and a dozen other balance bracelet brands are going to be hit with similar lawsuits.

Tags: Ba, Balance Bracelet, Balance bracelet class action, Balance Products, Body Enhancement, Central District Of California, Cjc, Class Action Lawsuit, Close Proximity, Cormac, Fairy Dust, Hologram, Holograms, Law Group, Mylar, Pc Www, Physiological Benefits, Power Balance, power balance class action, Power Balance lawsuit, Realm Of Magic, States District Court, Store Displays, Wristbands
Posted in Scams | 3 Comments »

East Texas Intellectual Property Right Law

October 20th, 2010

When people talk about “property rights”, a common quote is “Possession is nine tenths of the law”. For example, little Johnny is playing in the dirt with a red dump truck. Charlie wants to play with the dump truck, so he tells the teacher that the dump truck belongs to him and he wants it back. The teacher replies, “Johnny brought that dump truck from home, and he’s playing with it. It’s his property, and it belongs to him.” Sounds pretty simple, doesn’t it?

Tyler Texas Attorneys

But what happens when the item at the center of a property dispute is not something you can put your hands on, but is a creation of the mind? Intellectual property, things like inventions, novels, plays, music, drawings, trademarks, sculptures, and photographs can have more value than say, a dump truck. This is where intellectual property right laws come into play. But how do you place value on something that is intangible?

From a legal standpoint, intellectual property is divided into two categories: industrial property and copyrights, and infringement suits involving intellectual property are popping up in unlikely places these days. Lawsuits that once filled dockets in California and New York are now commonplace in East Texas, an area that is becoming known as a haven these types of property right law suits.

In intellectual property litigation, the potential for large settlement payments is huge, particularly when a tough judge is presiding. That’s why in the United States District Court for the Eastern District of Texas, which is known for favoring plaintiffs and for expertise in patent and intellectual property right suits, defendants often choose to cut their losses and settle rather than fight.

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East Texas Property Law: Intellectual Property Rights

October 8th, 2010

Patent Litigation

Just like anywhere else, East Texas property law is pretty straightforward. But what about property that isn’t an item like a car or jewelry. This is where intellectual property rights law comes into play. Things like inventions, works of writing, music, drawings, molds, and photographs are examples of what falls under the category of East Texas intellectual property rights law.

It is indeed tough to place a value on an intangible object such as an idea. If you are familiar with copyrights, then you are somewhat familiar with intellectual property rights law. Copyright law is actually a branch of intellectual property law, but it requires that the intellectual property be transferred into a tangible form in order for a copyright to be awarded. For example, a thought is made tangible when an author writes a book.

Obviously, this can lead to confusion and arguments in some cases that end up in our judicial system. In East Texas, property rights law suits are very popular and demand is increasing. Large settlements are common during intellectual property litigation, and there are many of these lawsuits filling up East Texas courtrooms. It’s like the attorneys new asbestos cancer gold mine.

In the United States District Court for the Eastern District of Texas, defendants often choose to cut their losses and settle rather than fight. This is due to the fact that this court is known to favor plaintiffs and for expertise in patent and intellectual property rights suits.

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