In what would rank among the largest-ever U.S. trademark awards, an arbitrator said Bang Energy maker Vital Pharmaceuticals Inc owes $175 million to Monster Energy Co and Southern California orange-drink maker Orange Bang Inc for violating 'Bang' trademark rights, according to a Wednesday filing in California federal court.
Ruling says drink sales violated trademark rights
VPX Sports broke a 2010 settlement deal with Orange Bang by using the "Bang" name outside the scope of the agreement, the arbitratorin a 177-page Monday ruling that was made public in Monster's Wednesday request for the court to affirm the award. The companies settled the next year, allowing VPX to continue using the Bang name to sell "creatine-based" drinks, and to market other drinks if they were sold through vitamin shops, gyms, health clubs, or "vitamin and dietary supplement" sections of grocery stores.
The case was sent to arbitration, and arbitrator Bruce Isaacs ruled for Orange Bang and Monster on Monday.
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