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Vital Pharmaceuticals, Inc. Will Flex Its Muscle

October 19, 2009 1 comment

Nutritional supplement company Vital Pharmaceuticals, Inc. (“VPX”) of Davie, Florida, makers of the popular Muscle Power protein shake was disappointed when the U.S. Court of Appeals for the Ninth Circuit’s rendered its decision to uphold the May 6, 2009 Order granting a Preliminary Injunction in favor of Cytosports in the U.S. District Court for the Eastern District of California (Case No. 08-CV-02632). VPX respects the decision from the Ninth Circuit; however, they will continue to vigorously defend the case at the trial level.

VPX was founded in 1993 by Jack Owoc with one goal in mind to produce the highest grade of sports nutritional supplements on the market. Mr. Owoc’s mission for his company is to deliver cutting edge supplements to serious individuals who are willing to indulge in a product that delivers on its promise. Each VPX brand is carefully developed and researched to support the claims of “superiority,” making sure that it’s just not another slogan.

VPX contends that its Muscle Power protein shake is superior to that of its competitor Cytosport, as VPX’s Muscle Power shake contains more protein, 183% less fat, 600% less sugar and considerably less calories. Furthermore, VPX is not relying on any contention that its product contains milk as defined by the FDA. VPX is standing by all of its statements based on its research and maintains that Cytosport’s Muscle Milk puts into question its reliance on the milk ingredient and leads its customer to believe that it contains milk, when it does not.
VPX has commenced cancellation actions with the United States Trademark Trial and Appeal Board (“TTAB”) in a multi count Petition to Cancel the following trademark registrations: 2973352, 2714802 and 2809666 alleging that the trademarks are deceptively misdeceptive and fraud, based on the Cytosport’s use of the word “milk”.

In fact, Nestle USA has filed its own action with the TTAB alleging similar grounds. In addition, the National Advertising Division of the Council of the Better Business Bureau has referred Cytosport to the Federal Trade Commission for investigation on claims of misleading advertising.

Vital Pharmaceuticals, Inc. located in Davie Florida is the creator of the VPX Product line: Redline®, Protein Rush®, Shotgun®, and Meltdown®.

For More Information Contact: Kalina Pagano, Esquire, General Counsel – Vital Pharmaceuticals, Inc. /Redline (kpagano@vpxsports.com) or 954-641-0570
http://www.vpxsports.com