VPX Protein Drink Muscled Off Shelves In IP Spat

Law360, New York (May 8, 2009, 12:00 AM EDT) -- A federal judge has ordered a nutritional supplement maker to pull a ready-to-drink protein supplement from stores after finding that its packaging infringes a larger rival's similar product.

Judge Frank C. Damrell of the U.S. District Court for the Eastern District of California on Wednesday told Vital Pharmaceuticals Inc., better-known as VPX Sports, to take its Muscle Power drink off the market because its packaging is similar enough to rival CytoSport Inc.'s Muscle Milk as to create confusion for consumers.

The confusion, in turn, causes irreparable...
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