-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, DfIJxE3owXg/QQXlu8E13Zb2zZRtOnmollsMasUzhj633QSGHKTYoL6bqjzy6gI3 c3gNxAg/kYT81MqS3Qx4fg== 0001144204-03-004145.txt : 20030804 0001144204-03-004145.hdr.sgml : 20030804 20030804134345 ACCESSION NUMBER: 0001144204-03-004145 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030801 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030804 FILER: COMPANY DATA: COMPANY CONFORMED NAME: QT 5 INC CENTRAL INDEX KEY: 0000932127 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-MEDICAL, DENTAL & HOSPITAL EQUIPMENT & SUPPLIES [5047] IRS NUMBER: 721148906 STATE OF INCORPORATION: DE FISCAL YEAR END: 0603 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-25022 FILM NUMBER: 03820030 BUSINESS ADDRESS: STREET 1: 5655 LINDERO CANYON ROAD STREET 2: SUITE 120 CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91362 BUSINESS PHONE: (866) 508-8378 MAIL ADDRESS: STREET 1: 5655 LINDERO CANYON ROAD STREET 2: SUITE 120 CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91362 FORMER COMPANY: FORMER CONFORMED NAME: MONEYZONE COM DATE OF NAME CHANGE: 20000120 FORMER COMPANY: FORMER CONFORMED NAME: EBONLINEINC COM DATE OF NAME CHANGE: 19990715 FORMER COMPANY: FORMER CONFORMED NAME: CERX VENTURE CORP DATE OF NAME CHANGE: 19981116 8-K 1 qt5_8k.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): August 1, 2003 QT 5, INC (Exact name of Registrant as specified in charter) Delaware 0-25022 72-7148906 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification Number) 5655 Lindero Canyon Road, Suite 120 Westlake Village, California 91362 (Address of principal executive offices) Registrant's telephone number, including area code: (818) 338-1510 Not applicable (Former name or former address, if changed since last report) Item 5. Other Events and Regulation FD Disclosure. Legal Action Against Platinum Products, LLC. On August 1, the Registrant issued a press release responding to allegations made by Platinum Products, LLC and announcing planned legal action to enforce its exclusive licensing agreement with Marshall Anlauf Thompson. The full text of the press release is set forth in Exhibit 99.1 attached hereto and is incorporated in this Report as if fully set forth herein. Item 7. Financial Statements and Exhibits (a) Financial Statements of Businesses Acquired. Not applicable. (b) Pro Forma Financial Information Not applicable. (c) Exhibits Exh. No. Description -------- ----------- 99.1 Press Release dated August 1, 2003 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: August 1, 2003 QT 5, INC. By: /s/ Steve Reder ----------------- Steve Reder President Exhibits Filed With This Report Exh. No. Description - -------- ----------- 99.1 Press Release dated August 1, 2003 EX-99.1 3 qt5_ex99-1.txt Exhibit 99.1 [QT 5, Inc. LOGO] August 1, 2003 14 EDT FOR IMMEDIATE RELEASE: QT 5 Intends to Vigorously Enforce its Licensing Agreement; Plans Legal Action Against Platinum Products & Patent Holder to Enforce Licensing Agreement WESTLAKE VILLAGE, CA -- August 1, 2003 -- QT 5, Inc. (OTC Bulletin Board: QTFV), manufacturer and marketers of NICOWater(TM), the breakthrough Homeopathic Nicotinum (nicotine) product designed to relieve the symptoms of tobacco cravings, announced today, in response to a press release issued by Platinum Products, LLC, that it intends to file a temporary restraining order to enforce its exclusive licensing agreement (Licensing Agreement) with Marshall Anlauf Thompson ("Thompson") regarding US Patent # 6,268,386 ("Patent"). QT 5, Inc. has already filed an arbitration petition against the patent holder and has not received any response to date. The Company also announced today that it intends to file a lawsuit against Platinum Products for tortious interference with customer relationships. The Platinum Products press release alleges that it has acquired rights to the US Patent # 6,268,386, to which QT 5, Inc. currently holds an exclusive license for marketing and distribution of any products based on this patent. Platinum Products alleges that Thompson, the Patent holder, has terminated his exclusive Licensing Agreement with QT 5, Inc. QT 5, Inc. denies any such claim that it has failed to fulfill any material obligation pursuant to the licensing agreement and intends to vigorously enforce its manufacturing and distribution rights pursuant to the Licensing Agreement with Thompson. "QT 5 has reviewed in detail the allegations set forth in Platinum Products press release, and we believe their allegations have no merit," said Steve Reder, QT 5 Inc.'s President. "We intend to defend our rights under our exclusive Licensing Agreement with Thompson and will file a suit against Thompson immediately to enforce our agreement. We are confident that we will prevail in this matter as QT 5 is in full compliance of all of material terms of the Licensing Agreement. The Company also intends to fulfill its obligations to its clients and distributors and will continue distributing NICOWater pursuant to its Licensing Agreement." About QT 5, Inc. QT 5, Inc. is a Delaware corporation formed in April 1999 as a manufacturer, distributor and marketer of Bio-Med testing and Homeopathic products. QT 5, Inc. is continuing its clinical research and development of future products for lifestyle enhancements. QT 5, Inc. is headquartered in Westlake Village, California. For more information please visit: www.qt5inc.com. NICOWater(TM)is a Homeopathic Drug product that is sold under the FDA's Compliance Policy Guide Conditions Under Which Homeopathic Drugs May Be Marketed. Cautionary Statement This release contains forward-looking statements that involve risks and uncertainties, such as statements about our plans, objectives, expectations, assumptions or future events. These statements involve estimates, assumptions, known and unknown risks, uncertainties and performances, or achievements expressed or implied by the forward-looking statement. Actual future results and trends may differ materially from those made in or suggested by any forward-looking statements due to a variety of factors, including, for example, our ability to compete with other products in our space; the risk of unfavorable federal regulation; and the fact that our status as a development stage company makes our future unclear. Consequently you should not place undue reliance on these forward-looking statements. We discuss many of these and other risks and uncertainties in greater detail under the section entitled, "Risk Factors That May Affect Future Results" in Item 1 of the Company's Current Report on Form 8-K as filed with SEC on January 24, 2003 (the "Merger Form 8-K"). Contact: Steven Reder President QT 5, Inc. 818-338-1510 -----END PRIVACY-ENHANCED MESSAGE-----