February 2nd 2017:
A date for the SEA-MONKEYS® TRIAL has been set!
US Federal District Judge Edgardo Ramos has set the trial to begin on Monday, May 1st 2017 in his courtroom in the Thurgood Marshall United States Courthouse located at 40 Foley Square, New York, NY 10007. The trial will shed light on issues of the evolution or NOT of ethics, etiquette, civility, and trademark infringement as such relate to modern man and society in the 21st Century.
Transcience LLC and Yolanda von Braunhut are the owners of all of the intellectual property relating to the product known to the world as “Sea-Monkeys®”. The Transcience Corporation (TSC) and Yolanda von Braunhut entered into a Licensing Agreement with Big Time Toys, LLC (aka. BTT) in the year 2007. That agreement effectively licensed the Sea-Monkeys® intellectual property to Big Time Toys, LLC. That agreement also gave BTT the right to purchase the Sea-Monkeys® brand from TSC and Yolanda for a specified price. The parties amended the 2007 agreement in the year 2009.
The parties performed their contractual obligations without significant incident until the month of December 2012. In the month of December 2012 Big Time Toys made it known to TSC and Yolanda that it would no longer from that point forward be performing its contractual payment obligations. Big Time Toys made it clear that unless a better deal could be renegotiated that Big Time Toys was prepared to walk away from the Sea-Monkeys® business. TSC and Yolanda shortly thereafter sent to Big Time Toys a “Notice of Default” thereby giving Big Time Toys the opportunity to cure its default. After Big Time Toys failed to cure its default TSC and Yolanda, pursuant to the terms of the former agreement between the parties, declared the agreement between the parties “null and void with no further force or effect”.
Unfortunately, Big Time Toys at that juncture refused to cease and desist with the Sea-Monkeys® business. TSC and Yolanda were compelled to bring an action in federal court in NYC captioned Transcience et al. v. BTT (13-cv-6642) against Big Time Toys in September of 2013 to force Big Time Toys to stop selling and profiting from the plaintiffs’ Sea-Monkeys® intellectual property.
Sam Harwell, from Nashville Tennessee, is the owner and CEO of BTT. In addition to refusing to stop selling the Sea-Monkeys® brand name Sam Harwell took it upon himself to set up an elaborate counterfeiting operation based in China that began counterfeiting the Sea-Monkeys® intellectual property in or about the month of October 2013. Harwell continues to counterfeit the Sea-Monkeys® intellectual property in China to this very day. Harwell’s counterfeit has damaged the name brand and has defrauded the buying public at large in an amount to be determined at trial.
On top of all of this, Sam Harwell is married to Beth Harwell who is the current Speaker of the House of the State of Tennessee.
“At his best, man is the noblest of all animals; separated from law and justice he is the worst.” Aristotle
More information about this case can be found at:
Please help Save the Sea-Monkeys®!
Please know that Yolanda is doing everything within her powers to account for all orders placed.
Please also know that her dire predicament is a direct result of the actions of the defendant in the lawsuit.
I have been given notice that a trial date has finally been set (see the main page). It is hoped that Yolanda will be able to piece back all that has been taken from her after the record has been set straight.
Nevertheless, all orders will be fulfilled!
The Sea-Monkeys® website is currently experiencing technical difficulties. It is hoped that the Paypal link will soon be reestablished.
Please know that a full feature Hollywood style documentary film based loosely on the story as it appeared in the NY Times is now in the works. The NY Times article can be found via Google with a search for Sea-Monkeys® and NY Times.
I see that the website is back up, but there is still no paypal link. I hope the paypal link comes back soon!
Yolonda- Seems to me, if NASA, a government agency, recognized Artemia NYOS on board a flight in space... your legal claim to having a unique strain is indisputable.
looks like the main website is dead. :(
@Melinda, I am not sure. It looks like they removed the paypal link from the main website, which is a bummer because I planned on buying more as Holiday gifts.
how do you purchase through paypal?
I received my sea monkey kit a few days ago (ordered from sea-monkeys.com on Sept. 7th).
I just placed an order on the original sea-monkeys.com website. When I have a little more money, I will donate. I have been a huge fan since childhood.
I am so sorry to hear about this blatant theft of rights by a greedy company. This travesty actually makes a lot of sense, in a sad way. For my little cousins birthday last June I ordered sea-monkeys from wallmart and they were awful. In 1999 for my seventh christmas I got my own sea-monkeys and they were great. Comparing from then to now is ridiculous. I could see my monkeys within minutes of applying eggs and their were so many! They lasted years, and through moving between three different counties! When the population got to high I would feed the ones that didn't have those black egg sack things to my Betta, Dr. Red Fin. When my cousin opens his box, we found the tank was made of crappy super thin plastic instead of the hard nice quality stuff I remember, no air holes at all, and worst of all it took days before we saw even one sea-monkley! Their were so few and they all died within a month. It was ridiculously embarrassing to give such a crappy gift! But now I know why!!! To make things worse, I ordered four kits! You heard me, FOUR! I saw that they cost about as much or even less as ordering just eggs, food, and water purifier from the website so I ordered four kits! I have an alarm I use to wake up that has a 38.4 OZ tank as part of the alarm. Sense one kit is 12 oz I figured if I got three extra kits I could grow sea-monkeys again for my self! They also died within a month!!! And once again, I now know WHY!!! Sorry for ranting, but I needed to get that out of my system after I realized how these monsters at Big Time Toys, conned me out of money, ruined my cousins birthday gift, and are busy ruining the livelihood of a nice old widow. As someone who respects my grandmother more then anyone else, I just really want to punch one of those thieves in the face right now... I can't really afford a big donation, as I'm only a college student, now struggling with finances a bit my self, due to paper work issues with my GI Bill. But I can definitely buy some monkeys if it helps Mrs. Yolanda von Braunhut. Maybe even a modest donation in a couple of months after the paper work is fixed. If I order through www.sea-monkeys.com, will the money go to Mrs.Yolanda von Braunhut?
Whitney, how long ago and where did you buy your product? It may not be made by Transcience at all. Everything I see in shops are the counterfeits sold by Big Time Toys. I just ordered some official Transcience ones using the online order form, hope they arrive soon from the US :).
Hi we recently purchased a sea monkey kit and 2 weeks later we still have no sea monkeys after doing all 3 steps. Did we receive a faulty product? I'm a little concerned
Send a self addressed stamped envelope to P.O. Box 809 Bryans Road, MD 20616. We'll send you an order form.
So are there any genuine Sea-monkey kits available for sale? Are the ones from sea-monkeys.com different and not made in China? If so I will get some to support, provided shipping costs aren't prohibitive. Looks like the court case didn't go too favorably, what is the future for Transcience corp.?
how do we contac the company personally for faulty and default product. example i just purchased and my little sea monek aquarium is leaking from the bottom