6th Circ. Revives '5-Hour Energy' Trademark Claim

Law360, New York (July 2, 2013, 5:42 PM EDT) -- The Sixth Circuit has revived trademark infringement claims made by 5-hour Energy drink maker Innovation Ventures LLC against rival Bhelliom Enterprises Corp., which is accused of making a deceptively similar line of “8-HR Energy” products.

The appeals court overturned a lower court's grant of summary judgment to Bhelliom, ruling on June 28 that there remains a factual dispute over whether the marketing for 8-HR Energy infringed Innovation Ventures' trademark rights for 5-hour Energy.

The decision was not a complete win for Innovation Ventures, however. The Sixth...
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