A California federal court has upheld an arbitrator's $175 million award for Monster Energy Co and orange-drink maker Orange Bang Inc against Vital Pharmaceuticals Inc for trademark infringement.
Vital, which manufactures Bag Energy, did not meet the high standard of proving that the arbitrator's award was "completely irrational," According to District Judge Dale Fischer,
In 2009, Orange Bang sued Vital as its Bang-branded pre-workout drinks would cause consumer confusion.
The companies eventually settled, allowing Vital to continue using the Bang name on "creatine-based" drinks, as well as other drinks if sold only through fitness-focused venues like gyms and vitamin shops.
In 2015, when Vital launched "Bang Energy RTD," advertising it as a pre-workout energy drink with "Super Creatine," Orange Bang collaborated with Monster to sue Vital for breaking the settlement and violating Orange Bang's trademark rights, arguing the drinks are not creatine-based.
Vital sued Monster in 2020 for having wrongly "weaponized" the settlement while requesting a ruling that it did not infringe.
In a ruling in favor of Monster and Orange Bang in April, arbitrator Bruce Isaacs of Signature Resolution determined that Bang Energy's beverage is not creatine-based since "Super Creatine" is not creatine and does not increase the body's creatine levels.
Isaacs asserted that Vital must either restrict US sales to fitness-related establishments or cease using the Bang name entirely in 12 states, including California, New York, and Texas, or else it will be subject to $175 million in damages and a 5 percent royalty on all sales of products bearing the Bang brand worldwide.
Monster separately sued Vital for false advertising, with a trial scheduled for next month.


SEC Seeks ISS Client Voting Records in Proxy Adviser Probe
Treasury Yields Set to Stay High as Debt Supply Pressures Bond Market
India Services PMI Rises to 54.1 as Hiring Accelerates
Ecuador Court Convicts Ex-President Lenin Moreno in Bribery Case
Judge Rejects Minnesota Bid to Force ICE Agent Extradition
Meta Agrees to $18 Billion Settlement, Tightens Teen Social Media Rules
Hong Kong Eyes Offshore Yuan Expansion, Deeper China Market Links
Asian Stocks Rally as Fed Rate Hike Fears Ease
BP Names Ian Tyler Permanent Chairman After Governance Shake-Up
Oil Prices Surge as U.S.-Iran Conflict Threatens Hormuz Supply
Fast Retailing Shares Drop as Uniqlo Japan August Sales Fall
China Expands Influence in Global Gold Market
California Seeks Paramount Divestitures in Warner Bros. Merger
UN Chief Raises Concern Over US Sanctions on ICC Officials
China Services PMI Beats Forecasts as Domestic Demand Improves
Asian Currencies Weaken as Dollar Rises, Kiwi Slides After RBNZ Hike 



