PITTSBURGH – A Coram, New York couple is alleged to have breached their franchise agreement with GNC.
General Nutrition Corp. and General Nutrition Investment Co. filed a complaint on Nov. 6 in the U.S. District Court for the Western District of Pennsylvania against Ahmad Fayaz and Khalida Fayaz alleging breach of contract, trademark infringement and other counts.
According to the complaint, the plaintiffs allege that the defendants have breached their GNC franchise agreement by selling GNC products at wholesale and through other means. The suit states the plaintiffs terminated the defendants' agreement because of these purported actions.
The plaintiffs hold Ahmad Fayaz and Khalida Fayaz responsible because the defendants allegedly failed and refused to meet their contractual obligations.
The plaintiffs seek to enjoin the defendants and their agents from further using the proprietary marks associated with the plaintiffs; immediately cease operating the nine GNC stores franchised; account for all gains, profits and advantages; compensatory, liquidated and consequential damages in the amount of more than $75,000; plus interest; court costs and any further relief the court grants.
They are represented by Gary R. Kelly of General Nutrition Corp. in Pittsburgh and Peter J. Ennis and William A. Moorhead of Cozen O’Connor in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-01445-JFC