A California federal court, in a three-page ruling, upheld an arbitrator’s $175 million award for Monster Energy Co and orange-drink maker Orange Bang Inc against Bang Energy maker Vital Pharmaceuticals Inc for trademark infringement.
The decision “affirms one of the largest trademark infringement awards in U.S. history,” noted co-lead counsel John Hueston to Reuters.
Moez Kaba, co-lead counsel, added to Law360, “Arbitrator Isaacs took great care with both the factual issues and the law.”
After a weeks-long trial in April 2022, an arbitrator found, in a 177-page ruling, that Bang Energy does not contain creatine, contrary to VPX’s prominent and false claims. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (and other Bang products).
The Hueston Hennigan trial team was co-led by John Hueston and Moez Kaba, along with Allison Libeu, and includes Lauren McGrory Johnson, Sourabh Mishra, Brandon Marsh, Michael Todisco, Justin Greer, and Amber Munoz.