Monster Energy Co wins $293 million lawsuit against rival Bang Energy for false advertising regarding it's "Super Creatine" content. Monster Energy wins $293 mln false-advertising verdict against rival Bang, writes Reuters:
Kaba said that the jury awarded Monster nearly $272 million for false advertising, $18 million on claims that Bang interfered with its contracts with retailers for prominent shelf spaces, and $3 million on claims that Bang stole trade secrets from former Monster employees it recruited. The text of verdict was not immediately available from the court. Monster previously won a $175 million award from an arbitrator in a related trademark case, which a California judge affirmed in June. That and the Thursday verdict were two of the biggest awards in the history of the federal Lanham Act, which governs both false-advertising and trademark law, with potentially more to come in punitive damages.
That $175 million award was part of an agreement that forced Bang Energy to sell its US products exclusively through gyms and vitamin shops:
Orange Bang sued Vital in 2009, arguing Vital's Bang-branded pre-workout drinks would cause consumer confusion. The companies settled the next year, 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.
[…]
Isaacs said Vital owed $175 million in damages and a 5% royalty on worldwide sales of Bang-branded products unless it either limits U.S. sales to fitness-focused venues or stops using the Bang name entirely in 12 states including California, New York and Texas.
