Ice Cream Fight Ends up in Court
MANHATTAN (CN) - A dispute over "overrun" - the air pumped into ice cream - has led a franchisee of a low-calorie ice cream chain to accuse News Corp. and Fox 5 News of defaming it in a "disparaging" broadcast "assault."
Lead plaintiff Matthew Prince, a franchisee of D'Lites Emporium ice cream, opened three outlets in the New York Metro area under the L.A.M.D.B.H. corporate name. The company has no ties to the similarly named Tasti D-Lite chain, which has about 30 stores in the tri-state area.
Prince says that Fox reporter, and co-defendant, Arnold Diaz defamed his ice cream to "millions of audience viewers" on an 8-minute May 12 broadcast on Diaz's "popular segment 'Shame, Shame, Shame,'" which "mentioned all three of L.A.M.D.B.H. locations by name."
Prince claims the broadcast "ruined" his plans to open 15 new stores, and that at least one potential landlord "ceased negotiations" after seeing the "Shame segment." Prince says he's invested more than $1 million into licensing rights and other expenses for his ice cream stores.
The heart of the complaint appears to be Prince's, and Diaz's, claims about the ice cream's nutritional values, and how to measure volume of ice cream.
Prince claims D'Lites Emporium ice cream "is low in sodium, sugar, fat, carbohydrates, cholesterol, and is a healthier alternative to traditional ice cream." The chain was founded in 1982 in Plantation, Fla., and has 25 outlets, according to the complaint in New York County Court.
"DEI provides nutritional information to its customers in four-ounce fluid servings sizes or ½ cup as reported by D'Lites' nutritional facts," the complaint states. "The volume calculation enables consumers to easily understand the amount of product that they choose to consume. So long as the customer understands how much ice cream equals ½ cup the customer can easily determine the calories and nutritional content of the ice cream."
Actually, it's not quite so easy as that.
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He says the defendants investigated the nutritional claims by sending ice cream samples to an independent lab, Sani-Pure, in New Jersey. But "Sani-Pure performed its initial tests upon material presented to it in plastic bags, which material had
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VISI Networks Teams with Real Digital Media to Launch LabCorp ...
Sarasota, FL – February 7, 2006 – Real Digital Media (RDM), a leading provider of next generation digital signage technology products and integrated services for establishing point of purchase marketing, promotions and corporate communication networks, and VISI Networks, a systems integration, multimedia design and production company specializing in customized narrowcast solutions for the out-of-home market, have formed a strategic relationship to create and manage a digital signage network for Laboratory Corporation of America® Holdings (LabCorp®). Known as the LabCorp Health Network (LHN), this healthcare information and advertising network is currently installed in more than 300 of LabCorp’s more than 1,200 Patient Service Centers (PSC) in the U.S., reaching nearly 1.5 million viewers each month. By mid-2006, LHN will consist of more than 500 PSCs, ultimately reaching more than 80% of the patients and visitors to LabCorp’s PSCs.
The LabCorp Health Network (LHN) is a customized channel of healthcare information specifically designed to enhance LabCorp’s customer retention strategy by delivering quality commercial, educational, informational and entertainment segments via an internet driven, nationally networked narrowcast system. Presented on large, flat-panel screens installed in LabCorp’s Patient Service Centers, LHN provides a unique opportunity for advertisers and content partners to market their products and services to a targeted, health conscious audience with known demographic and statistical data.
“VISI is excited to announce the unique development and rollout of the LabCorp Health Network (LHN)”, said Joseph Erhart, CEO of VISI Networks. “In cooperation with Real Digital Media, we have created an unprecedented opportunity for LabCorp and our content partners to reach patients, on a national, regional or local level, with targeted messaging and relevant advertising that connects directly with a well-defined audience in a way that was previously impossible.
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The National JobBank 2005
Other US locations: Concord NH; Omaha NE. Listed on: New York Stock Exchange. .... LabCorp performs tests on blood, urine, and other body fluids and tissue ...The Metropolitan New York Jobbank
Corporate headquarters location: Miami FL. LABORATORY CORPORATION OF AMERICA ( LABCORP) 116 Millburn Avenue, Suite 211, Millbum NJ 07041. 973/912-8617. ...The Seattle Jobbank
Other area locations: Bothell WA. Operations at this facility include: ... LabCorp performs tests on blood, urine, and other body fluids and tissue, ...The Carolina Job Bank
LabCorp performs tests of blood, urine, and other body fluids and tissue, ... International locations: England; Mexico. Operations at this facility include: ...Commercializing successful biomedical technologies, basic principles for the development of drugs, diagnostics and devices
The example of the recent patent dispute between Metabolite and LabCorp highlights a unique patent protection issue for the diagnosis industry. ...Everyday Information Directory
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