This only applies to VPX's Muscle Power RTD's (Ready to Drink), and not to Red Line, Power Pump, or any other product they carry or sell.
More here...
http://www.hardbody.com/news/2009/05/06/muscle-milk-prevails-court-orders-vpxs-muscle-power-be-removed-from-marketplace-immediately/Conslusion...
Based upon these findings of the court, pursuant to Rule 65 of the Federal Rules of Civil Procedure, and good cause appearing, IT IS HEREBY ORDERED as follows:
1. That VPX and its officers, agents, servants, employees and attorneys, and anyone acting in concert or
participation with them, are PRELIMINARILY ENJOINED from marketing, selling, advertising, or promoting a
liquid protein-based nutritional supplement using the name MUSCLE POWER.
2. That VPX and its officers, agents, servants, employees and attorneys, and anyone acting in concert or
participation with them, are PRELIMINARILY ENJOINED from marketing, selling, advertising, or promoting a
liquid protein-based nutritional supplement using any trademark confusingly similar to the MUSCLE MILK®
trademark in connection with any of the following features:
a. An octagonal-shaped Tetra Pak package wherein:
I. The package front is visually divided into three sections, top, middle, and bottom.
ii. On the middle portion of the package, the word MUSCLE is prominently displayed above the word POWER in all capital letters in a bold, block-letter, white-colored font on a dark background.
iii. On the lower portion of the package a depiction of a swirled colored liquid appears reflecting the color of the product in the package, i.e., brown for chocolate, red for strawberries and cream, etc.
iv. On the top portion of the package, an identification of the flavor in words and a picture.
v. On the side of the package, the words MUSCLE POWER printed in bold, block-letter font and oriented so the consumer can read the words from the bottom to the top of the package.
3. That VPX and its officers, agents, servants, employees and attorneys, and anyone acting in concert or
participation with them, are PRELIMINARILY ENJOINED from marketing, selling, advertising, or promoting a
liquid protein-based nutritional supplement using any name or mark other than MUSCLE POWER that is
confusingly similar to the name MUSCLE MILK.
4. That VPX and its officers, agents, servants, employees and attorneys, and anyone acting in concert or
participation with them, are PRELIMINARILY ENJOINED from marketing, selling, advertising, or promoting a
liquid protein-based nutritional supplement using trade dress that is confusingly similar to the trade dress
associated with MUSCLE MILK.
a. The MUSCLE MILK trade dress includes an octagonal Tetra Pak package with the following features:
I. The package front is visually divided into three sections, top, middle, and bottom.
ii. On the middle portion of the package, the word MUSCLE is prominently displayed above
the word MILK in all capital letters in a bold, block-letter, white-colored font on a dark background.
iii. On the lower portion of the package a depiction of a swirled colored liquid appears reflecting the color of the product in the package, i.e., brown for chocolate, red for strawberries and cream, etc.
iv. On the top portion of the package, the flavor of the product is identified.
v. On the side of the package, the words MUSCLE MILK® are printed in bold, block-letter font and oriented so the consumer can read the words from the bottom to the top of the package.
5. Plaintiff shall post a corporate bond in the amount of $500,000.00 within 5 business days of the date of this order.
IT IS SO ORDERED. DATED: May 6, 2009
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
For those of you who want to read on the entire case, here is the pdf where you can look at it
http://www.cytosport.com/wp-content/uploads/2009/05/court-order.pdf