Sixth Circuit Revives “5-Hour Energy” Trademark Claim Against “8-HR Energy”

Last September I reported on the Sixth Circuit reversed a district court’s rulings against Innovation Ventures, LLC regarding a trademark and false advertising dispute involving its 5-Hour Energy product and a competing “6-Hour Energy” drink.

This past week, the Sixth Circuit saved Innovation Ventures again in similar dispute against an “8-HR Energy” product made by Bhelliom Enterpise Corp.  As reported by Law360:

The appeals court overturned a lower court’s grant of summary judgment to Bhelliom, ruling on June 28 that there remains a factual dispute over whether the marketing for 8-HR Energy infringed Innovation Ventures’ trademark rights for 5-hour Energy.

The decision was not a complete win for Innovation Ventures, however.  The Sixth Circuit declined the company’s bid to go one step further and rule that Bhelliom had infringed its trademark, deciding that the trademark infringement question should be settled in the lower court.

Please see the complete write-up here.  Notably, the same district judge is handling both cases and the Sixth Circuit noted that its earlier ruling in the “6-Hour Energy” lawsuit is equally applicable and controlling with respect to the more recent “8-HR Energy” dispute.

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