Retailers Fined For Selling Fake Livestrong Wristbands

General Spitzer today announced that two Monroe County retailers who sold counterfeit versions of the popular LiveStrong™ wristbands will disgorge profits from the sales of the wristbands and make a significant payment to the Lance Armstrong Foundation.

The agreement arises out of an investigation by the Attorney General’s Rochester Regional Office which found that, between November 2004 and January 2005, approximately 5,700 fake Livestrong™ wristbands were sold at the Endzone sports collectible store at the Marketplace Mall and the Endzone II store and kiosk at Greece Ridge Center.

The fake wristbands were being sold for $2.49 each, more than double the $1 charged for the LiveStrong™ wristband available through the Lance Armstrong Foundation, based in Austin, Texas. Endzone also failed to inform customers that the wristbands were unauthorized reproductions of an authentic item, and that the proceeds were not going to cancer research.

"Consumers seeking to donate to the foundation through the purchase of Livestrong™ wristbands should be wary of offers of lookalike merchandise," Spitzer said.

Under the agreement announced today, the owners of the Endzone stores and kiosk, Harry Bagdasarian and Thomas Daly, agreed to pay $12,000 to the Lance Armstrong Foundation and to pay $7,000 in civil penalties and costs to the state. Bagdasarian and Daly are also barred from selling any item associated with the foundation without the express consent or permission of the foundation.

Founded in 1997, the Lance Armstrong Foundation is a charitable organization that funds programs providing services to cancer patients. The foundation also funds scientific and clinical research that seeks to better understand cancer's physical, emotional and practical effects.

The foundation sells the yellow wristbands engraved with LiveStrong™ for one dollar each, with proceeds donated to the foundation’s mission. To date, more than 35 million wristbands have been sold.

Michelle Milford, Associate Director of Public Relations for the Lance Armstrong Foundation: "The Lance Armstrong Foundation (LAF) greatly appreciates and is encouraged by the efforts of the New York Attorney General's Office to pursue counterfeiters who have abused our trademark, LiveStrong™ and our yellow LiveStrong™ wristbands. The LAF works to provide information, tools and hope to the millions of people who are living with cancer. We are pleased to know that counterfeiters will not be able to take advantage of the success of our LiveStrong™ campaign at the cost of progress in the battle against cancer. Today, more than 35 million people have purchased an authentic yellow LiveStrong™ wristband in support of people living with cancer. The Attorney General's office has made great progress in ensuring that when customers buy a LiveStrong™ wristband, they can feel confident that the LAF and people living with cancer benefit from their generosity and support."

Consumers are encouraged to report any sales of counterfeit LiveStrong™ wristbands by calling the Attorney General’s help line at (800) 771-7755.

This case is being handled by Assistant Attorney General Carlos Rodriguez of the Rochester Regional Office.