'Muscle Milk' Maker Wins Round In Trademark Row With Rival

Law360, New York (September 7, 2012, 3:06 PM EDT) -- A California federal judge on Thursday handed the maker of “Muscle Milk” protein supplements a partial win in its trademark battle with rival Vital Pharmaceuticals Inc., rejecting VPX’s counterclaims that the “Muscle Milk” mark is deceptive, invalid and unenforceable.

In an order granting partial summary judgment to CytoSport Inc., U.S. District Judge John A. Mendez said VPX lacked sufficient evidence to support its counterclaims that CytoSport's’ “Muscle Milk” trademark was deceptive since its product contained no actual milk, according to the order.

However, Judge Mendez refused...
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Case Information

Case Title

CytoSport, Inc. v. Vital Pharmaceuticals, Inc.


Case Number

2:08-cv-02632

Court

California Eastern

Nature of Suit

Trademark

Judge

John A. Mendez

Date Filed

November 3, 2008

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