IP/Likelihood of Confusion and Breach of Contract

Orange Bang, a beverage company, filed suit against Vital Pharmaceuticals, the owner of the Bang Energy energy drink brand. The suit centered on Vital’s alleged breach of a 2010 settlement deal that prevented Vital from using the “Bang” trademark outside of fitness-focused ventures.

Voluble provided analytical support to a marketing expert who opined on the likelihood of confusion and damages that Orange Bang had suffered due to Vital’s violation of the agreement and expansion of its marketing to the general public. Voluble’s analysis was instrumental in earning the favorable ruling its client received in April 2022.