9th Circ. Affirms Injunction Against VPX Muscle Drinks

Law360, New York (October 15, 2009, 3:16 PM EDT) -- A federal judge did not abuse his discretion in awarding CytoSport Inc. a preliminary injunction pending the outcome of its trademark fight with Vital Pharmaceuticals Inc. over similarly packaged muscle drinks, a federal appeals court has ruled.

Wednesday's terse two-page ruling in the U.S. Court of Appeals for the Ninth Circuit affirmed a May 6 order in the U.S. District Court for the Eastern District of California requiring Vital Pharmaceuticals, known as VPX, to pull its Muscle Power drink off the market.

U.S. District Judge Frank...
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