Archive for May 7th, 2009

CytoSport Secures Preliminary Court-Ordered Injunction of Muscle Power Due to Infringement of Muscle Milk® Trademark

On Wednesday, May 6th in Sacramento, CA, 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.

Crunch clubs file for Chapter 11 bankruptcy protection with hope that one of its biggest investors will rescue it.

The fitness industry is feeling the burn. Fitness chain Crunch filed for Chapter 11 bankruptcy protection Wednesday. The company cited assets between $100 million and $500 million, and liabilities of the same amount.

Crunch, which was founded in New York two decades ago, owes money to more than 50,000 creditors. The majority of the 30 largest unsecured claims belong to landlords such as B. Brothers Broadway Realty on Pine Street in New York, and 25 Broadway Office Properties. Crunch owes them $323,582 and $226,036, respectively.
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