A team of Brooks Kushman trial attorneys successfully secured a multi-million-dollar jury verdict for trademark infringement in favor of Innovation Ventures LLC, the makers of 5-hour Energy® shots, against N.V.E., Inc. of New Jersey. The trial was part of a lengthy lawsuit, which began in 2008 and concluded in 2016. All claims of both parties were originally dismissed by the U.S. District Court. The Sixth Circuit Court of Appeals affirmed the dismissal of many of N.V.E.’s claims, but reinstated Innovation Ventures’ trademark infringement claim as well as a claim brought by N.V.E. for false advertising.
The four-week, highly contested jury trial was held in the Eastern District of Michigan. More than 20 witnesses testified.
The jury verdict included an award of $10.6 million in damages for N.V.E.’s manufacture and sale of an infringing product named “6 Hour Power.” The jury also awarded an additional $11.5 million for disgorgement of profits N.V.E. made on the infringing products. The jury fully rejected the claims brought by N.V.E. which included a $60 million false advertising claim. The verdict is believed to be the largest trademark verdict ever rendered in Michigan.