Intellectual Property Law

Western District Grants Preliminary Injunction Against Fitness Drink Maker

By Michael Atkins

On Feb. 5, Western District Judge James Robert granted in part and denied in part Bellevue-based apparel designer Derek Andrew, Inc.’s motion for preliminary injunction against fitness drink manufacturer Vital Pharmaceuticals, Inc. Derek Andrew sells a line of clothing and related products under its RED LINE trademark. Vital sells a line of fitness drinks under its REDLINE trademark.

The problem, the court found, was with Vital’s use of athletic clothing and related goods to promote its REDLINE drink. To the extent Vital used REDLINE alone on such goods (which the court found Vital voluntarily had stopped doing), the court found that Derek Andrew had demonstrated a likelihood of confusion. However, the court found no such likelihood of confusion existed when Vital uses REDLINE accompanied by the slogan, “The Ultimate Energy Rush.” These additional words, the court found, “sufficiently identifies [Vital’s] attempts to advertise its energy drink on clothing and other apparel so as to avoid confusion with [Derek] Andrew’s RED LINE clothing.”

Based on this finding, the court enjoined Vital from using REDLINE “by itself, on any form of clothing and related products,” but found that Vital “may continue to advertise on clothing and related products using the slogan ‘REDLINE - The Ultimate Energy Rush,’ and other similar iterations of this slogan.”

Yesterday, Derek Andrew filed a motion asking the court to reconsider the latter part of this decision.

The case cite is Derek Andrew, Inc. v. Vital Pharmaceuticals, Inc., No. 07-1364 (W.D. Wash. Feb. 5, 2008) (Robart, J.).

Full post as published by Seattle Trademark Lawyer on February 21, 2008 (boomark / email).