Muscle Pharm Corporation (MSLPQ)

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Muscle Bar LLC v. Musclepharm Corporation et al
5:15-cv-01245
Filed: 07/07/2015

First Claim - False Designation of Origin and False Description
Second " --- Federal Unfair Competition
Third " ------ State Statutory Unfair Competition
Fourth " ---- State Common Law Trademark Infringement
Fifth " ------- State Statutory and Common Law Trademark Dilution
Sixth " ------- Constructive Trust

17. On information and believe, each of Defendants has infringed on the Muscle Bar service mark and engaged in unfair competition, by among other things, (a) manufacturing, exporting, marketing, advertising, selling, distributing, and otherwise exploiting merchandise related thereto (the "Infringing Products"); (b) adopting and using likenesses that are confusingly similar to the Muscle Bar service mark; and (c) affixing those likenesses to the Infringing Products and causing them to enter into commerce, all without permission or authorization.

18. On information and believe, Defendants have profited, and continue to profit, from their infringement, and as a direct and proximate result thereof, damaged PLaintiff in a sum to be proven at trial, which Plaintiff is informed and believes is a sum not less than $1,000,000.

08/13/2015 - [18] - Second NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademark Infringement . Motion filed by Plaintiff Muscle Bar LLC. Motion set for hearing on 9/21/2015 at 01:30 PM before Judge John F. Walter.