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, Julia Haines, Justin Greer, Segun Babatunde, and Amber Munoz.