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[Definitie:] "An ergogenic aid is any substance or phenomenon that enhances performance."
(Wilmore and Costill) 
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1 0 - 0 7 - 2 0 0 6 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. 2 1 - 0 3 - 2 0 0 7 Bodybuilder Jay Cutler sues supplement firm for using likeness
AP LOS ANGELES A judge has ordered a trial in champion bodybuilder Jay Cutler's lawsuit claiming a nutritional supplement company used his image without permission. Cutler filed a Superior Court suit on July 6, 2006, against Omaha, Neb.-based NDS Nutritional Products Inc. alleging misappropriation of image and likeness, invasion of privacy and unjust enrichment. Superior Court Judge Paul Gutman on Tuesday denied a defense motion alleging Cutler wasn't the image depicted and the case was ordered for trial. A trial date wasn't set. Cutler, 33, of Las Vegas is the reigning Mr. Olympia. The lawsuit alleged 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. NDS attorney Michael M. Molinaro claimed the image wasn't Cutler. "It's not Mr. Cutler, it's a computer-created image of a fanciful person who resembles no person on earth," Molinaro said. The suit said the image was indisputably Cutler, who has granted a license to use his image to a number of bodybuilding-related companies. The judge dismissed a fraud claim filed by Cutler attorney Roger Y. Muse and the judge denied a motion seeking punitive damages, although Muse was told he could amend the complaint, Muse said. Cutler has won three consecutive Arnold Schwarzenegger Classic contests and he placed second for three consecutive years in the Mr. Olympia competition before winning the title last year, the lawsuit states. |
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