Vital Pharmaceuticals, which distributes sports supplements under the brand name VPX, is a sports nutrition

Sports nutrition

Sports nutrition is the study and practice of nutrition and diet as it relates to athletic performance. It is concerned with the type and quantity of fluid and food taken by an athlete, and deals with nutrients such as vitamins, minerals, supplements and organic substances such as carbohydrates,...

 corporation

Corporation

A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...

 located in Florida

Florida

Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. Its market

Market

A market is one of many varieties of systems, institutions, procedures, social relations and infrastructures whereby parties engage in exchange. While parties may exchange goods and services by barter, most markets rely on sellers offering their goods or services in exchange for money from buyers...

 consists principally of bodybuilders

Bodybuilding

Bodybuilding is a form of body modification involving intensive muscle hypertrophy. An individual who engages in this activity is referred to as a bodybuilder. In competitive and professional bodybuilding, bodybuilders display their physiques to a panel of judges, who assign points based on their...

 and other fitness

Physical fitness

Physical fitness comprises two related concepts: general fitness , and specific fitness...

 enthusiasts. The company acknowledges that its products are generally more expensive than those of its competitors, but justifies this fact with claims of its products' superior quality.

Among VPX's better-known products are Redline (a thermogenic), Black Pearl (marketed as a libido enhancer), and the Zero Impact and Zero Carb dietary supplements.

On May 6, 2009, in Sacramento, California

Sacramento, California

Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...

, a federal court issued a preliminary injunction

Preliminary injunction

A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided...

 requiring VPX to immediately remove Muscle Power from the marketplace, after concluding that the product infringes on CytoSport

CytoSport

CytoSport is a Benicia, California, manufacturer of sports-oriented nutritional products, or "supplements". It offers a line of protein-enhanced powders, shakes, and bars has broken into the mainstream market with a ready-to-drink form of protein supplement "Muscle Milk", a non-dairy beverage...

’s trademark rights of Muscle Milk. This was prompted after CytoSport filed a lawsuit against VPX, stating that Muscle Power’s packaging, or “trade dress

Trade dress

Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers...

,” was deceptively similar to Muscle Milk’s packaging. The court held that “VPX has chosen an identical font

Font

In typography, a font is traditionally defined as a quantity of sorts composing a complete character set of a single size and style of a particular typeface...

, in an identical color, on an identically shaped package, and placed the mark on the package in an identical location.”http://www.bevnet.com/news/2009/5-7-2009-cytosport_injunction_vpx