$175 Million Trademark Award
After a dispute, Orange Bang Inc. and Vital Pharmaceuticals Inc. entered into a co-existence agreement allowing Vital to use the BANG mark for “creatine-based” products. Vital began selling BANG Energy RTD, a drink that was promoted as containing “super creatine,” and later, BANG Keto Coffee. It also rebranded itself from VPX to “Bang Energy.”
Monster joined Orange Bang in filing a demand for arbitration against Vital, alleging, among other things, trademark infringement, breach of contract, and unfair competition. The arbitrator found that “super creatine” is neither a form of creatine nor raises blood or tissue creatine levels, and that Vital was infringing Orange Bang’s BANG mark.
The arbitrator awarded Orange Bang and Monster $175 million. Vital argued that this award was irrational, but earlier this summer, the award was upheld by a federal judge.
Cannabis-Infused Candy
In August, a federal court decreed that three online cannabis retailers must stop infringing the SKITTLES, STARBURST, and LIFE SAVERS trademarks owned by Mars Wrigley and Mars Canada.
These retailers were illegally selling THC products under the names “Medicated Skittles,” “Starburst Gummies,” and “Life Savers Medicated Gummies.” The retailers must also pay damages for their infringement of Mars’ rights.
A False Suggestion of a Connection with Prince
When JHO Intellectual Property Holdings tried to register the mark PURPLE RAIN for a variety of supplements, as well as sports drinks and energy shots, companies affiliated with Prince’s estate filed an opposition proceeding with the Trademark Trial and Appeal Board (TTAB), arguing, among other things, that use of the PURPLE RAIN mark by JHO falsely suggests a connection with Prince.
The TTAB granted the opposers’ motion for summary judgment, finding that “PURPLE RAIN is widely recognized as synonymous with Prince.”
Descriptive Marks
When Super Salt, LLC applied to register the mark SUPERSALT as a trademark for dietary supplements, the examiner at the US Patent and Trademark Office refused to register the mark on the Principal Register, finding the mark merely descriptive, since the product’s main ingredient is pink salt.
The applicant appealed to the TTAB, arguing that SUPER “has various meanings,” but the TTAB sided with the trademark examiner, finding that the combination of a “laudatory” word with a “merely descriptive” word results in a mark that is merely descriptive.
NFTs
A non-fungible token (NFT) is a unique digital asset, the data of which is verifiable on blockchain technology. NFTs usually represent goods and services. Examples of NFTs include digital artwork and music, virtual fashion items, and customizations for avatars.
If you’re thinking of expanding your business presence in the metaverse, you’ll want to ensure that your trademarks are registered with the US Patent and Trademark Office in the appropriate classes of goods and services.
You’ll also want to ensure that you aren’t infringing anyone else’s marks. Already, there have been at least two trademark infringement cases filed against NFT sellers.
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Please feel free to contact us if you have any questions about the above or if you need any help choosing, registering, or enforcing your trademarks.
