Muscle Milk Maker Slapped With False Ad, Trademark Suit

Law360, New York (April 23, 2014, 5:36 PM EDT) -- Global Beverage Enterprises Inc. filed suit on Wednesday in Florida federal court against rival CytoSport Inc., accusing the maker of the Muscle Milk brand of nutrition products of false advertising and seeking to cancel seven Muscle Milk trademark registrations.

Global Beverage alleges the use of the word "milk" in advertising for Muscle Milk powders and drinks that contain no actual milk misrepresents the products to consumers in violation of the Lanham Act.

CytoSport "markets its Muscle Milk products to suggest to consumers that the products contain milk, and thus are healthier beverages when compared to competitor's products, including the plaintiff’s product,"...

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