Injunction Denied In Energy Drink Trademark Suit

Law360, New York (January 7, 2009, 12:00 AM EST) -- A federal judge has denied Hansen Beverage Co.'s bid to block Vital Pharmaceutical Inc. from making certain advertising claims in a trademark and unfair competition case over Vital's Redline brand drinks.

The plaintiff offered scant evidence it will suffer irreparable harm absent injunctive relief, Judge Irma E. Gonzalez ruled Dec. 30 in the U.S. District Court for the Southern District of California.

The judge also pointed to the plaintiff's delay in bringing suit and said that weighed against a preliminary injunction against its rival, known as...
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