Muscle Milk Maker Flexes On Drink Co. Over 'Evolve' Mark

Law360, New York (August 30, 2012, 7:21 PM EDT) -- The maker of protein supplement Muscle Milk on Thursday hit sports drink company Evolve Beverages Inc. with a trademark infringement suit in Nevada federal court, accusing the smaller company of ripping off its registered slogan.

California-based CytoSport Inc. says Evolve's brand name is a direct effort to imitate Muscle Milk's “Drink. Evolve.” tagline and confuse consumers into believing their hydrating sports beverages are endorsed by CytoSport.

Muscle Milk — a protein supplement drink sold in ready-to-consume bottles in convenience stores — and Evolve's drinks will be...
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Case Information

Case Title

Cytosport, Inc. v. Evolve Beverages, Inc.


Case Number

2:12-cv-01546

Court

Nevada

Nature of Suit

Trademark

Judge

Lloyd D. George

Date Filed

August 30, 2012

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