Muscle Flex Inc. Identifies Specific Items of WWE “Raw” Labeled Products It Believes Infringe on the Muscle Flex(R) “In the Raw(R)” Trademark
Written by John Pentony on July 20, 2009
Muscle Flex Inc. (Pinksheets:MFLI) announced that it has acquired and identified a number of World Wrestling Entertainment’s (WWE) “Raw” labeled products that it believes infringe on the Muscle Flex Inc. “In the Raw�” trademark wares and services in Canada as defined by the final April 22, 2009 Federal Court and the June 18, 2008 Canadian Intellectual Property Office (CIPO) Opposition Board ruling (”Raw” trademark application 1,153,018). The “Raw” / “In the Raw�” trademark dispute was concluded in April of 2009.
The WWE “Raw” labeled items include various CDs, VHS tapes and a number of apparel items. According the WWE’s most recent reported financial quarter, combined sales of WWE’s consumer products and digital media business segments produced $40 million in global revenues. In previous quarters, these numbers were even higher. “We are now measuring the specific potential damages the WWE has created over the years, including lost merchandising and licensing revenues of our ‘In the Raw’ brand in Canada,” commented Danny Alex, CEO of Muscle Flex Inc. “Muscle Flex believes that it can provide definable evidence that the WWE procured the sale and distribution of ‘Raw’ labeled products which infringe on the ‘In the Raw�’ wares and services that Muscle Flex Inc. legally has full and exclusive rights to use.”
Danny Alex added, “We are now in a position to expedite our plans for our ‘In the Raw’ branded product line.” As part of its trademark victory, Muscle Flex Inc. previously announced it is moving forward with developing a diversified portfolio of “In the Raw�” branded merchandise. ‘In the Raw’ products that are planned include multiple lines of apparel such as caps, T-shirts and workout wear as well as extreme sports, reality-based videos and related music. Future products will be marketed through direct response media as well as traditional retail distribution channels.
The multi-year dispute concluded this year in favor of Muscle Flex Inc. which successfully defended its “In the Raw�” trademark against WWE “Raw” trademark application 1,153,018 in a final Federal Court appeal by the WWE. Previously, on June 18, 2008, the Canadian Intellectual Property Office (CIPO) Opposition Board issued its final decision with respect to the WWE Canadian trademark application for “RAW.” The ruling confirmed that certain wares listed in the RAW trademark application 1,153,018 were confusingly similar and thus lacked distinctiveness from the “In the Raw�” registered trademark, which is expected to be acquired by Muscle Flex later this month.
For additional detailed information regarding the “In the Raw�” trademark and details on the Federal Court and CIPO ruling, please visit our corporate website at www.MuscleFlexInc.com.
Follow Muscle Flex Inc. on Twitter for latest company news, opinions and commentary athttp://twitter.com/muscleflex.
About Muscle Flex Inc. (www.MuscleFlexInc.com)
Muscle Flex Inc. brings new products to market using direct response TV infomercials specializing in the health, fitness, wellness and hygiene sectors. As well, Muscle Flex Inc. develops and creates general television content for network and cable television distribution. Muscle Flex’s corporate strategy is to develop new and innovative products for sale and distribution via its proprietary direct response marketing system and the creation of television shows and content.
This press release contains forward-looking information within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 and is subject to the Safe Harbor created by those sections. This material contains statements about expected future events and/or financial results that are forward-looking in nature and subject to risks and uncertainties. There is no certainty as to any recoverable damages for the “Raw” / “In the Raw” trademark dispute with the WWE or as to the fitness and performance of any litigation that results from any infringement on the part of the WWE’s “Raw” in Canada. Such forward-looking statements by definition involve risks, uncertainties and other factors, which may cause the actual results, performance or achievements of Muscle Flex Inc. to be materially different from the statements made herein.
Muscle Flex� is a registered trademark of Muscle Flex Inc. All Right Reserved.
“In the Raw�” is a registered trademark of Danny Alex in Canada, All Rights Reserved.
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