Do any of you remember the supplement company Sylvester Stallone started a few years back? Yes, The Italian Stallion was in the supplement biz not too long ago! His line called “Instone” was supposed to be the next big thing and he hired some of the top supplement industry insiders like Vince Andrich, Ryan Hornbuckle and Rehan Jalali. He had a fat burner, MRP, testosterone booster, protein powder and a protein packed pudding! This stuff was damn tasty too, with 20 g of protein per serving and just 2 grams of carbs! Perfect for a small snack on the go. According to industry sources, the pudding was selling like crazy. This lawsuit is REALLY confusing but this is what seems to have went down:
Step 1: Brescia Makes “Pro Pak Pudding”
Back in 1999, a man named “Brescia” made an innovative low-carb pudding with the help of a food scientist named “Christopher Scinto”. He called his formula “Pro Pudding Pak”. In 2003, he then signed a contract with a factory called “Performance Worldwide USA, Inc.” to manufacture the special pudding. He also did a deal with supplement company “Instone” to take on the sale and distribution of the pudding under their brand name “Sylvester Stallone Low Carb Pudding”. Seemed like a great deal for everyone!
Step 2: Employee Runs Off With The Product Idea?
A guy named Keith Angelin was working at the factory set to make the special pudding (Performance Worldwide USA, Inc.). One day he decided to pick leave the company at and start his own business. He called his new company “Freedom Foods, Inc.” But somehow he also was able to team up with “Instone” (who as mentioned were set to take on the sales and distribution of the special pudding Brescia made for them) and the original food scientist Christopher Scinto. In the end, the team cut Bescia right out of the picture! According to reports, they conspired to steal Brescia’s ideas, and began producing and selling a pudding based on Brescia’s formula and business plan.
Step 3: Brescia Calls Out Keith Angelin
Brescia must have been pissed. So at an industry trade show, he accused Keith Angelin of stealing his idea for the special pudding! But for doing that, Keith actually sued Brescia for trade libel and other claims! Yes, if you know the legal system well, you can make someone’s life miserable.
Stallone Under Fire?
Sylvester Stallone must face deposition questions and must turn over financial documents from their former company in the lawsuit alleging they misappropriated trade secrets. Sylvester Stallone:
“Promised to use his significant financial resources to market and produce the product and to place his company’s distinctive name… on the label,” Brescia alleges.
Stallone Maintains: Nothing Special About The Pudding?
Ads for the pudding referred to as “Sylvester Stallone Low Carb Pudding,” and featured him in the ads. But Stallone maintains that there is nothing special about the pudding and that Brescia’s lawyers cannot show how it differs from the general knowledge of those in the same field developing similar products. Even though Brescia paid $100,000 to a lab to develop a working formula for his product and in July 2003 signed a contract with “Performance World Wide USA” to license and market the pudding, according to court papers.
Brescia Awarded $4.9 Million Dollars
In September 2008, the company “Instone” was found jointly liable with Keith Angelin and the food scientist
Christopher Scinto. As a result, the jury awarded $4.9 million to Brescia! But apparently this war is not over! Where will this case go from here? Will Stallone knock out Brescia and take all the pudding for himself? Will Brescia use his court winnings to launch his own hollywood movie and take on Stallone on the big screen? Will Scott Welch wear a wig and become a TV show host for The People’s Court and get out the supplement business all together?