VPX Appeals Court Decision Over Cytosport Lawsuit
May 10, 2009
If 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 last week (click HERE if you missed it) where Cytosport was granted an injunction against VPX from marketing their “Muscle Power” RTD as Cytosport felt it was too similar to their “Muscle MIlk” RTD. Well the case has gotten interesting now because VPX has filed for an appeal to the court decision! Jack Owoc, CEO, Chief Scientific Officer, dude in the many of the VPX ads, and of course also the founder of VPX, explained that VPX was highly disappointed by the ruling:
“We are very disconcerted by the court’s ruling and think that it was misled in regard to Cytosport’s rights and the nature of the competition in our industry. The only similarities in our trademarks are the use of the word ”Muscle,” but there are more than 60 registered trademarks at the Patent and Trademark Office in class 5 alone containing the word ”Muscle.” ”Muscle” is commonly used in product and company names in our industry, in part because our products help build muscle. Cytosport never objected to the registration of our trademark, despite having an opportunity to do so, and the Patent and Trademark Office found no conflict between “Muscle Power®” and “Muscle Milk®.” We have never intended to confuse customers into thinking our product was Muscle Milk® -we want them to know it’s different and better! We point out in our advertising why Muscle Power® is a better product — Muscle Milk® contains 600% more sugar and a 183% more fat than Muscle Power®. Muscle Power contains 200% more fiber and 89% less carbohydrates. We prominently put our VPX logo on the top center panel and, the background, like most VPX products, is the specific 293 Pantone Blue color that consumers have identified as our brand for many years. VPX apologizes to its customers for any disruption this may cause, and we are committed to making our popular Muscle Power® drink available again to our customers and the public as soon as possible.”
So what do you think? Do you think it’s too similar or do you think VPX has a solid argument? Post your comment below.
SOURCE: Getbig.com
VPX Funds Clinical Trial
July 16, 2008
By Scott Welch
It may surprise you to know that the majority of supplement companies in our industry do not fund research on their products. Yes, many companies use science “sounding” names for their brands, and use “science jargon” in their embarrassing-looking ads! Okay, enough bashing these poor bastards. If you look further into the science journals, you will see that there are just a handful of supplement companies that actually fund clinical research on their products. More than 90% of the companies in our industry have never funded one university study! When a company spends money to fund a clinical trial on one of their products, they should be applauded. At a recent science conference called the “5th Annual International Society of Sports Nutrition Conference” (try saying that name while chomping on a MET-Rx bar), researchers presented a study on VPX’s (www.vpxsports.com) newest fat burner called MELTDOWN®.
THE MELTDOWN STUDY
The clinical trial was performed at the College of New Jersey, where investigators discovered that MELTDOWN® produced significant increases in metabolic rate. In this study, researchers examined the acute (immediate) effect of MELTDOWN on resting oxygen uptake, respiratory quotient (which is a fancy test scientists use to measure fat utilization), and caloric expenditure in healthy, active individuals.
Ten subjects underwent two testing sessions (i.e. cross-over trial) and were given either 3 capsules of MELTDOWN® or 3 capsules of a PLACEBO. The analysis revealed a significant difference in energy expenditure between those subjects given MELTDOWN (1.28 kcal∙min-1) vs. The PLACEBO (a mere 1.00 kcal∙min-1) during the three-hour study. There was also an increase in fat utilization in the MELTDOWN group.
According to the investigators, “results indicate a significant increase in energy expenditure in young, healthy individuals following an acute ingestion of a weight loss supplement.”
VPX TO FUND MORE RESEARCH
This clinical trial is just the first of several clinical trials that will be funded by VPX and completed within 2009. Other flagship products such as REDLINE® and NO-Shotgun® are currently being studied. Once you have the results, fire them over here!
VPX owner Jack Owoc was quoted as saying: “We’re thrilled about the results of this clinical trial. The crossover design of this study shows indeed that the MELTDOWN® treatment had a profound effect; furthermore, we have several additional clinical trials in progress. Our commitment to science is second to none.”
The results of this investigation were presented at The International Society of Sports Nutrition (ISSN) Conference (http://www.sportsnutritionsociety.org) which is the leading academic, non-profit society dedicated to the science and application of sports nutrition.
SOURCE:
Dr. Jose Antonio