6th Circ. Revives Parts Of Energy Drink IP, False Ads Row

Law360, New York (September 13, 2012, 8:07 PM EDT) -- In a split ruling, the Sixth Circuit said Thursday that Innovation Ventures LLC, the maker of 5-Hour Energy products, did not violate antitrust laws but may have committed false advertising by issuing a potentially misleading recall notice about competing energy drinks.

The circuit court also ruled on an appeal of trademark claims that Innovation Ventures brought against NVE Inc. — a company that makes a competing product called "6 Hour Power" — finding that Innovation Ventures should get another shot to show that there is a...
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