In comparingAT&TagainstMonster EnergyandCareDx, the former will need to be proven through extrinsic survey evidence to establish the falsity, where the latter two cases were favorable to the plaintiff because they could proffer literal falsehoods to the jury that were unrebutted by the defendants. Bang says it . Scooter startup Lime sues Hertz for poaching engineers, NFL, Raiders sued by Las Vegas lawyer over Super Bowl ad. Health & Wellness In terms of the energy drink market overall, Howard Telford, head of soft drinks research at Euromonitor, said the category is alive and well with plenty of other players outside of Bang Energy driving the market forward. He retired in April 2020. If you would ike to contact us via email please click here. Bang Energy, UMG and their attorneys did not immediately respond to requests for comment on the ruling. Trendspotter In its statement, VPX Sports said it intended to recapture the 3.4% market share it lost under PepsiCo's distribution network with more than 269 distributors. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Bang's lenders held off on seizing their collateral and even advanced $60 million of new money while the company searched for a rescue deal. hard seltzer product line "will have a meteoric rise in sales and popularity." Will Bang be able to pull itself out of its hole? For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. Bang's TikTok account has over 1.5 million followers, and TikTok videos with the #bangenergy hashtag have over 18 billion views. https://www.wsj.com/articles/maker-of-bang-energy-drinks-files-for-bankruptcy-after-monster-pepsi-litigation-11665446853. Monster Energy defeated rival VPX Sports' claims in Florida federal court that Monster ripped off the packaging of VPX's Bang Energy drink to use for its Reign drinks, in a case U.S. District . The core focus of the dispute was on whether creatine (used in Monster Energy drinks) was the same as super creatine (used in Bang energy drinks)and whether the latter afforded the benefits touted in the advertising campaigns by Bang. The industry leader for online information for tax, accounting and finance professionals. Monster attorney John Hueston of Hueston Hennigan said the decision "affirms one of the largest trademark infringement awards in U.S. The lawsuit said that some of the infringing videos remained up over a year later, and that Bang posted new infringing videos after receiving the letter. Amazon Is Closing Its Cashierless Stores in NYC, San Francisco and Seattle, Amazon Pauses Construction on Second Headquarters in Virginia as It Cuts Jobs, Stock Traders Are Ignoring Blaring Bond Alarms, iPhone Maker Plans $700 Million India Plant in Shift From China, Russia Is Getting Around Sanctions to Secure Supply of Key Chips for War. Part 1 training plans. Ms. Douglas regularly advises clients on global brand portfolios Ben Roxborough is a dual-qualified U.S. and Australian lawyer, focusing his practice on intellectual property litigation, namely, patent, trademark, and false advertising disputes. Monster Energy Co.'s successful motion to strike a competing energy drink company's claim for actual damages in a trademark dispute over the "Bang Energy" brand was upheld by the Eleventh Circuit on Wednesday.. Vital Pharmaceuticals Inc., which owns Bang Energy and sued Monster for trademark infringement in 2019, violated its discovery obligations by failing to disclose how much it was . Large amounts of caffeine may cause serious heart and blood vessel problems such as heart rhythm disturbances and increases in heart rate and blood pressure. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. Sony Music has also sued Bang Energy in a similar case that is still in progress. Vital Pharmaceuticals, which owns the brand, and its CEO Jack Owoc, PepsiCo has "resorted to intimidation tactics with independent distributors and major retailers like Walmart threatening lawsuits against anyone who fails to purchase Bang Energy exclusively from Pepsi." But in the wake of a lawsuit alleging that the . "I dont think the unique circumstances with Bang are indicative of weakness with the energy category at all. OIRA Calls for Feedback on Recommendations to Encourage More Engagement in the Justice and Commerce Departments Announce Creation of Disruptive Technology Strike Justice Department Announces Application Form for Marijuana Pardon Certificates, Navigating the FCC's Universal Service Program: Compliance Requirements for Service Providers, Financial Services: Use of Limitation-of-Liability Clauses in Fiduciary Relationships. Todays consumer is more health conscious, so any beverage company that wants to remain successful will need to take note and adapt, perhaps pivoting more toward energy drinks with functional claims. The second post will detail the differences between literal and non-literal falsehoods, comparative advertisingand how presumptions can favor plaintiffs when literal falsehoods are proven. Indeed, Bang is clearly taking [market] share from Monster, said Duane Stanford, executive editor of the trade journal Beverage Digest. Warner Music told the court Thursday that Bang's rise to become the third-best-selling energy drink in the U.S. was largely powered by its video advertising on social media platforms, especially TikTok and Instagram. The new energy drink fad popular these days is Bang energy, and most people believe it to be a healthy alternative to Red Bull or Monster. Energy drink illustration via Shutterstock.. An ultra-caffeinated energy drink usually seems like the best way to get through the afternoon doldrums. Reach him at blake.brittain@thomsonreuters.com. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. These cookies ensure basic functionalities and security features of the website, anonymously. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. Bang's argument that it thought it had a license is relevant to how much it owes in damages, and not whether it infringed, Dimitrouleas said. Vital Pharmaceuticals, doing business as VPX Sports, filed for Chapter 11 protection in bankruptcy court in the southern district of Florida. VPX Sports/Bang Energy ("Bang"), the maker of the popular BANG energy drink and owner of the rights to the REIGN trademark, recently filed suit against Monster Energy Co. ("Monster"), which . We also use third-party cookies that help us analyze and understand how you use this website. Factbox: What is the Willow project and why does it spark green opposition? Bang Energy CEO Jack Owoc told Billboard on Wednesday (Aug. 31) that he was "a big fan" of Prince and opted not to proceed with the dispute. It doesnt necessarily say how much it contains, but if you take into account the level of other amino acids in the drink, its likely to be between 432.5 mg. The industry leader for online information for tax, accounting and finance professionals. Monsters suit seeks a jury trial, an injunction that blocks Vitals alleged unlawful conduct and financial damages to be proved in court. (Reuters) - A California federal court has upheld an arbitrator's $175 million award for Monster Energy Co and orange-drink maker Orange Bang Inc against Bang Energy maker Vital Pharmaceuticals Inc for trademark infringement. The business owners that power this multibillion dollar industry are changing, and a new era of the business of sports is underway. Thank you @BANGenergy for the donation of over 400 book bags to our school! | 11 a.m. . Bang filed a lawsuit saying PepsiCo "has engaged and continues to engage in gross misconduct" under their energy drink deal. This Supreme Court Case Could Redefine Crime, YellowstoneBackers Wanted to Cash OutThen the Streaming Bubble Burst, How Countries Leading on Early Years of Child Care Get It Right, Female Execs Are Exhausted, Frustrated and Heading for the Exits, More Iranian Schoolgirls Sickened in Suspected Poisoning Wave, No Major Offer Expected on Childcare in UK Budget, Oil Investors Get $128 Billion Handout as Doubts Grow About Fossil Fuels, Climate Change Is Launching a MutantSeed Space Race, This Former Factory Is Now New Taipeis Edgiest Project, What Do You Want to See in a Covid Memorial? The litigation shows Monster is ready to defend that ground, he said. I think weve seen other brands (Celsius or C4 in the performance space, Ghost in terms of flavor-forward innovation, something Bang also has done very well) demonstrating the consistent and expanding appeal of the category, which is highly priced premium even in inflationary times," Telford told FoodNavigator-USA. These two brands have a combined market share of more than 75%, the data analytics company found. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Bang Energy's TikTok account has over 1.5 million followers, and TikTok videos with the #BangEnergy hashtag have garnered nearly 18 billion views. | Technical / White Paper. After the emergency arbitrator ruled in PepsiCo's favor,the company said it "upholds the importance and enforceability of distributor agreements and reaffirms the high standard of integrity to which we hold ourselves and expect of our partners.". If you do decide to drink this dangerous drink, be careful not to mix it with other drinks or supplements. Are the days of energy drinks numbered? "Bang Energy will also need to contend with the market interpreting the bankruptcy as the business is closing. After filing for protection under the Chapter 11 Bankruptcy Code earlier this week, Vital Pharmaceuticals, Inc (VPX Sports), the parent company of Bang Energy, has a challenging road ahead. However, Jack Owoc, CEO and founder of the energy drink, remains optimistic, stating that lenders have put up $100 million and that the company has a new distribution network that will take over from PepsiCo. The Food Institute (@FoodInstitute) October 18, 2022. That award amountedUS$43 millionand involved claims about the effectiveness of Nateras test for assessing the risks associated with kidney donation. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. Topics covered: manufacturing, packaging, new products, R&D, and much more. Vital filed a 2020 lawsuit alleging Monster had wrongly "weaponized" the settlement and requested a ruling that it did not infringe. The case. Its Instagram account has 2.3 million followers. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers.