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): January 8, 2004 QT 5, INC. (Exact name of Registrant as specified in charter) Delaware 000-25022 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) 338-1500 ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE. As a result of a decision made on January 8, 2004 by the arbitration panel in the JAMS proceeding titled IN THE MATTER OF QT 5, INC. VS. MARSHALL THOMPSON AND PLATINUM PRODUCTS, QT 5, Inc. (the "Company") will immediately cease marketing NICOWater(TM). On April 7, 2002, Mr. Marshall Anlauf Thompson, owner of U.S. Patent No. 6,268,386 relating to the formulation of nicotine water-based products (the "NICO Patent"), entered into an agreement with the Company whereby he assigned the rights to the NICO Patent to the Company. In May 2003, Mr. Thompson alleged that he was entitled to terminate the assignment of the NICO Patent based upon the Company's failure to meet certain conditions required by the assignment agreement, including performance conditions. The JAMS panel concluded that Mr. Thompson was entitled to terminate the assignment agreement. ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS 99 Press Release 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. QT 5, INC. By: /s/Steven H. Reder ------------------------------- Steven H. Reder, President Dated: January 9, 2004