5-Hour Energy Rival Wants New Trial After $10.6M Verdict

Law360, New York (March 28, 2016, 5:36 PM EDT) -- An energy supplement maker, hit last month with a $10.6 million verdict in a rival’s trademark infringement suit, asked a Michigan federal court on Friday for a new trial on its false advertising counterclaim, saying that opposing counsel’s improper arguments almost certainly swayed the jury.

N.V.E. Inc. said that the jury’s verdict that it infringed Innovation Ventures LLC’s trademark for 5-Hour Energy with its 6-Hour Power, a similarly tiny-bottled product promising extra energy, was against the clear weight of evidence at trial. Innovation Ventures made a number of false arguments during trial, such as that the jury should infer that N.V.E....

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