Home » Trademark Law Updates » New Settlements and Verdicts » Current Summary
Trademark Law Summary
721 Bourbon, Inc. v. Promotional Energy Products, LLC
DOCKET NUMBER: 07CV02021(SVW), 2007 WL 4976557, United States District Court, Central District of California, Western Division, 08/29/2007
Holding
In this infringement suit involving the trademarks “Hand Grenade” and “Grenade” and the service mark, “Home of the Hand Grenade,” defendants agreed to a consent decree granting a permanent injunction against any infringing activity by defendants. Defendants further agreed to assign domain names to plaintiff and pay $10,000 in attorney fees.
Detailed Summary
This case involves trademark infringement, trademark dilution, unfair competition, false designation of origin, and cyber-squatting under the Lanham Act of 1946. Plaintiff 721 Bourbon, Inc. is the owner of the “Hand Grenade” and “Grenade” trademarks, and the “Home of the Hand Grenade” service mark. These registered marks cover prepared alcoholic cocktails and soft drinks, and bar services. In addition, plaintiff had a pending application for federal registration for the “Grenade Energy Drink” mark for the following products: “Concentrates, syrups or powders used in the preparation of soft drinks; Soft drinks; Energy drinks; Fruit flavored soft drinks, and Sports drinks.”
In its complaint filed in the U.S. District Court for the Central District of California, plaintiff asserted that defendants Promotional Energy Products LLC, DSG International, Darren L. Gable, and Steve Gable used the names and marks “Grenade Energy Drink,” “Hand Grenade,” and “Grenade Launcher” in connection with carbonated energy drinks, beer mugs, and related promotional items. Plaintiff further alleged that defendants exhibited and promoted these goods at the 2007 Nightclub and Bar Show in Las Vegas, Nevada between March 4 and March 7, 2007. Plaintiff asked for $50,000 in damages and a permanent injunction.
Although defendants denied plaintiff’s allegations, the parties ultimately entered into a settlement. Defendants agreed to a permanent injunction that would enjoin them from engaging in infringing activities. Defendants further agreed to assign domain names to plaintiff. Plaintiff was awarded $10,000 in attorney fees.
Service
Link to this article · 
Send via E-mail · 
Printable Version (opens in new window)
