Irvine-based Knobbe Martens, the largest law firm in Orange County, said the U.S. District Court for the Central District of California has confirmed a $175 million arbitration award for its clients Orange Bang and Monster Energy in a trademark infringement lawsuit against rival Vital Pharmaceuticals Inc.
The award is among the largest-ever U.S. trademark verdicts, Knobbe Martens said in a statement. In addition to the monetary award, Vital must pay 5% of future royalties to Orange Bang and Monster.
The arbitrator found that Vital Pharmaceuticals, which creates and distributes sports drinks and supplements under the name “VPX” and “BANG”, breached its more than a decade-old trademark infringement settlement with Orange Bang. In that settlement, VPX agreed only to use the “BANG” mark on creatine-based sports beverages or noncreatine-based sports beverages if they are sold through vitamin shops, gyms, health clubs or vitamin and dietary supplement sections of grocery stores.
“We are very pleased that the arbitrator ruled VPX infringed Orange Bang’s trademarks and breached its previous settlement with Orange Bang,” said Knobbe Martens Managing Partner Steven Nataupsky, who led the team representing Orange Bang.
The Knobbe Martens team representing Orange Bang also included Lynda Zadra-Symes, Matthew Bellinger, Hans Mayer and Yanna Bouris.
The case is Vital Pharmaceuticals Inc. et al. v. Orange Bang Inc. et al., No. 5:20-cv-01464 (C.D. Calif.).