Trademark
This drink already has a market and IBGH stated that it could initially triple revenues. You may wonder why you haven't heard anything about that yet. When the lawsuit was initiated, Drayton Nay, who owned the rights at the time, knew he had no chance to win the lawsuit so he sold the rights (illegally it appears) to someone in Myrtle Beach who has been selling the product. When I talked to the company (IBGH) they said they legally own the drink and will be shutting this guy down.
I have been monitoring the facebook page and website where this guy in Myrtle Beach was selling the drink. I noticed the postings on facebook stopped a few weeks ago, and also the web site has been down for some time, so it appears that Innovative initiated, and was successful with, the crease and desist order. I called the company and they said they have indeed shut down his website/facebook pages. But there other things that need to be done, among them, making sure there are no other iterations of Sum Poosie on facebook or websites out there before they start selling under the Innovative name.
This company was on fire several years ago but fell out of favor for various reason; FDA issues, trademark infringements, etc. So they've spent the last several years very quietly getting there ducks lined back up by initiating lawsuits to protect infringement of their propriety product (they not only want to sell their product, they also want to be the only ones selling it), clearing up the FDA issue, and restructuring their national distribution.
This ad for new employees tells me that this may be a new beginning for Innovative.
http://houston.craigslist.org/sls/3956220193.html
Remember they already make over $3m/year in Revs and made a profit of $221,000 last year (which seemed to have gone unnoticed by the market). I'm expecting new flavors, new drink, and several new websites this year.
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