Archive for May 11th, 2009

VPX fires back with an appeal of the injunction of Muscle Power

VPX filed an appeal of the injunction issued by a district court in California precluding VPX from using its registered trademark “Muscle Power” and the trade dress on its packaging. Jack Owoc, CEO and 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®.”
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FDA Gives Testosterone Gel Black Box Warning to Protect Children from Increasing Penis Size
by Millard Baker

The U.S. Food and Drug Administration (FDA) is requiring the manufacturers of the topical testosterone gels AndroGel and Testim to include a “black box warning” on its labels in order to “protect children” from the potentially adverse effects of this particular anabolic steroid. The “black box warning” is the FDA’s most serious warning short of recalling a product. The action is based on eight recent reports of children who were accidentally exposed to the testosterone gel through incidental contact with a parent and/or caregiver who had use either Androgel or Testim. The FDA also felt it necessary to warn children that use of this product would increase the size of their penis which probably is NOT the best way to deter children from using it (”Testosterone Gel Safety Concerns Prompt FDA to Require Label Changes, Medication Guide,” May 7).
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