CytoSport Wins Injunction Against VPX For Trademark Infringement
May 7, 2009
A Federal Court issued an order requiring Vital Pharmaceuticals, Inc. (VPX) to immediately remove Muscle Power from the marketplace after concluding that the product infringes on CytoSport’s trademark rights of Muscle Milk®. This preliminary injunction was prompted after CytoSport filed a lawsuit against VPX, stating that Muscle Power’s packaging, or “trade dress,” was deceptively similar to Muscle Milk®’s packaging. In its decision, the court stated that “VPX has chosen an identical font, in an identical color, on an identically shaped package, and placed the mark on the package in an identical location.” The court also stated that “when the marks are viewed as a whole with each product’s respective trade dress, the court has no difficulty concluding that the two marks are overwhelmingly similar.” Upon concluding that VPX has violated CytoSport’s trademark rights, the court also stated that “VPX could have easily used a trade dress more consistent with its other RTD products, e.g. Redline, Black Pearl and Pump 7.” Given that the injunction is preliminary in nature, the lawsuit will continue while the injunction is in place. “We are gratified by the court’s ruling and will continue to vigorously enforce our rights to protect our brand, our marketing partners, and our consumers against confusion in the marketplace,” says Greg Pickett, Co-Founder /CEO of CytoSport.
SOURCE: Hardbody.com
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[...] you’ve been following the trademark lawsuit between Cytosport and VPX over the Muscle Milk trademark, you’ll find this post entertaining. We reported the ruling [...]
Wow! Good for them… you, they, everyone had to see this one coming. Damn shame anyone had to waste time and money on it. Such a blatant and shallow attempt to rip off good will and brand it’s disgusting.
While Big Co. USA are prone to abusing TM’s and being bullies-ala my run in with Bayer who owns Phillips Milk of mag something telling my my name infringes on their laxative–this is a good use of TM’s… why we have them to protect us.
vs. using them and our money to bully others. In my case with Bayer there’s no question they were willing to spend millions wearing me down… yeah, same business my ass.
But I digress… Congrats to Picketts!
Shawn