Innovation Ventures wins significant Sixth Circuit appeal holding that 5-hour ENERGY is protectable trademark
Clients Innovation Ventures, LLC and Living Essentials
On behalf of Innovation Ventures, LLC (d/b/a Living Essentials), the manufacturer of 5-hour ENERGY, Jones Day prevailed in a significant Sixth Circuit appeal seeking to reverse a lower court's holding that a competing product, 6 Hour POWER, did not infringe the 5-hour ENERGY trademark. The Sixth Circuit initially held that the 5-hour ENERGY name was a "suggestive" mark and thus entitled to trademark protection as a matter of law. It then held that a jury trial was necessary to determine whether 6 Hour POWER infringed on that trademark, i.e., whether consumers were likely to be confused about whether 6 Hour POWER and 5-hour ENERGY were affiliated in some way.
Innovation Ventures, LLC, d/b/a Living Essentials v. N.V.E., Inc., 694 F.3d 723 (6th Cir. 2012)