Legal Opinion
Innovation Ventures, LLC. v. N.V.E., Inc.
Court of Appeals for the Sixth Circuit
Decided September 13, 2012No. 10-2353, 10-2355PublishedCited by 48 opinions
1Opinion of the Court
OPINION
BOGGS, Circuit Judge.
This is a powerful appeal. Innovation Ventures, LLC, d/b/a Living Essentials (LE), creator of the “5-hour ENERGY” energy shot, asserts that N.V.E. Inc. (NVE), creator of the “6 Hour POWER” energy shot, infringed its trademark, in violation of the Lanham Act. 15 U.S.C. § 1125(a). After LE obtained a decision in its favor in another case against a different competitor, LE distributed a “recall notice” stating that NVE’s “ ‘6 Hour’ energy shot” had been recalled. NVE claims that the notice constituted false advertising in violation of the Lanham Act and…
2Cases cited28 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Johnson v. United StatesSupreme Court of the United States · 2010
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- Aspen Skiing Co. v. Aspen Highlands Skiing Corp.Supreme Court of the United States · 1985
- Spectrum Sports, Inc. v. McQuillanSupreme Court of the United States · 1993
23 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Wysong Corp. v. Apn, Inc.Court of Appeals for the Sixth Circuit · 2018
- Innovation Ventures, LLC v. N2G Distributing, Inc.Court of Appeals for the Sixth Circuit · 2014
- Dzielak v. Whirlpool Corp.District Court, D. New Jersey · 2014
- Progressive Distribution Services, Inc. v. United Parcel Service, Inc.Court of Appeals for the Sixth Circuit · 2017
- Louisiana-Pacific Corp. v. James Hardie Building Prods.Court of Appeals for the Sixth Circuit · 2019
43 more not listed; retrieve them via the Exa API.