 In the Raw® Trademark In Canada
Muscle Flex Inc. is currently completing the acquisition of the In the Raw® in Canada.
A comprehensive array of products is being developed for marketing and distribution through direct response as well as selected retail. In the Raw® products include:
- Extreme Sports & Music CD's
- In the Raw® T-Shirts
- Caps & Head Gear
- Various Sporting Goods
- Muscle Flex Home Fitness Machine
- Various Apparel and more
Muscle Flex Inc. 'In the Raw' / WWE 'Raw' Press Releases Scroll Down For More Releases
Muscle Flex Inc. Identifies Specific Items of WWE “Raw” Labeled Products It Believes Infringe on the Muscle Flex “In the Raw®” Trademark
Los Angeles, CA – July 20, 2009 – Muscle Flex Inc. (Pink Sheets: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. Prior, 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 at http://twitter.com/muscleflex.
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Kocosports.com, Wrestleview.com and 24Wrestling.com Report Muscle Flex Inc. Poised for Legal Action Following a Victory over World Wrestling Entertainment’s (WWE) “Raw” Trademark
Los Angeles, California – July 9, 2009 – Muscle Flex Inc. (Pink Sheets:MFLI) Kocosports.com, Wrestleview.com and 24Wrestling.com recently reported that Muscle Flex Inc. is poised for legal action following a victory over World Wrestling Entertainment’s “Raw” Trademark in Canada (links can be found below). Earlier this year, Muscle Flex Inc. successfully defended its “In the Raw®” trademark against the World Wrestling Entertainment’s (WWE) “Raw” trademark application 1,153,018 in Canadian Federal court on appeal by the WWE ending a multi-year dispute.
“It is important to note that we are exploring all of our options with respects to our successful trademark ruling over the WWE” commented Danny Alex, CEO of Muscle Flex Inc. “I never expected this dispute to have gone this far however, offers to discuss an amicable settlement were routinely dismissed by the WWE. We have to act in the best interests of our shareholders and that is to continue the development of our “In the Raw” brand, third party licensing opportunities and assess all options with respects to infringement and potential damages over the last number of years for the stated wares and services that we legally own and have rights to.”
Mr. Alex continued, “I would like to believe that there is a dispute mechanism and a genuine desire between Muscle Flex Inc. and the WWE to resolve this matter in a friendly and cooperative manner. I have always asserted that this is the best solution for both companies. As a fitness company, I am amazed at the level of athleticism the WWE athletes portray but we have to act appropriately and in the sole and best interests of our shareholders. We hope to update our shareholders shortly with additional developments and information with regards to this matter and some of the licensing and direct response product opportunities we are developing for our “In the Raw” product line”
As part of its trademark victory, Muscle Flex Inc. also announced it is moving forward with developing a diversified portfolio of “In the Raw®” branded merchandise. 'In the Raw' products planned include multiple lines of apparel, such as caps, T-shirts and workout wear, extreme sports, reality-based videos and related music. Future products will be marketed through direct response media as well as traditional retail distribution.
According to the Sporting Goods Manufacturers Association, the U.S. sporting goods industry is nearly a $70 billion business at wholesale, and fitness gear continued its trend as the #1 equipment category in 2008. “Now that the appeal process has concluded, Muscle Flex can begin to realize the many lucrative merchandising and future licensing opportunities of our 'In the Raw' brand.”, replied Danny Alex.
Kocosports.com: http://www.kocosports.com/absolutenm/anmviewer.asp?a=28412&z=4
Wrestleview.com: http://www.wrestleview.com/news2009/1246304528.php
24Wrestling.com: http://www.24wrestling.com/news.php?subaction=showfull&id=1246294549&archive=&start_from=&ucat=6&
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Muscle Flex Inc. to Fully Enforce its 'In the Raw®' Brand & Evaluates Trademark Infringement Damages by World Wrestling Entertainment (WWE)
Los Angeles, California – June 29, 2009 – Muscle Flex Inc. (Pink Sheets:MFLI – News) announced today that it plans to fully enforce and capitalize on its legal rights and Canadian exclusivity for the stated wares and services connected to the "In the Raw®'' trademark. Muscle Flex Inc. is in the process of exploring any and all remedies with regards to damages and past trademark infringement by the WWE in connection to their unauthorized use of “RAW” in Canada.
Earlier this year, Muscle Flex Inc. successfully defended its “In the Raw®” trademark against the World Wrestling Entertainment’s (WWE) “Raw” trademark application 1,153,018 in Federal court on appeal by the WWE. Prior, 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 Muscle Flex is completing the acquisition of. The transaction is expected to close in July 2009.
As part of its trademark victory, Muscle Flex Inc. also announced it is moving forward with developing a diversified portfolio of “In the Raw®” branded merchandise. 'In the Raw' products planned include multiple lines of apparel, such as caps, T-shirts and workout wear, extreme sports, reality-based videos and related music. Future products will be marketed through direct response media as well as traditional retail distribution.
According to the Sporting Goods Manufacturers Association, the U.S. sporting goods industry is nearly a $70 billion business at wholesale, and fitness gear continued its trend as the #1 equipment category in 2008. “The defense of the 'In the Raw' trademark has lasted many years and our victory comes as no surprise,” commented Danny Alex, CEO of Muscle Flex Inc. “Now that the appeal process has concluded, Muscle Flex can begin to realize the many lucrative merchandising and future licensing opportunities of our 'In the Raw' brand. We also intend to vigorously enforce all of our rights to the Canadian 'In the Raw' trademark as well as seek damages and infringement on the unauthorized use of our brand in Canada.”
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Muscle Flex Claims Victory Over the World Wrestling Entertainment (WWE) “RAW” Trademark Dispute in Canada
Los Angeles, CA – June 16, 2009 – Muscle Flex Inc. (Pink Sheets:MFLI) announced today that it was successful in defending its “In the Raw®” trademark against the World Wrestling Entertainment (WWE) “RAW” trademark application 1,153,018, which ends a multi-year dispute between the “In the Raw” and “Raw” trademarks in Canada.
On June 18, 2008, the CIPO (Canadian Intellectual Property Office) issued a final decision that found certain wares listed in the WWE “RAW” trademark application 1,153,018 were confusingly similar and thus lacked distinctiveness from the "In the Raw" registered trademark, which Muscle Flex is in the process of acquiring. The WWE appealed the CIPO's ruling to the Federal Court of Canada, but failed to file the required documents by the deadline. On April 22, 2009, a Notice of Discontinuance was issued by the Federal Court of Appeals of Canada that formally ended the multi-year trademark dispute.
“With the Federal Court ruling, we can confidently move forward with our branding strategies for the 'In the Raw®' trademark and enforce our rights associated with the wares and services we legitimately own,” said Danny Alex, CEO of Muscle Flex, Inc. “Our portfolio of trademarks provides us with significant leverage in maximizing sales and distribution channels. We will continue to protect and strengthen our intellectual property position to sustain our unique competitive advantages.”
The June 18th, 2008 decision by the CIPO Opposition Board confirmed what was believed in that certain wares listed in the WWE “RAW” trademark application 1,153,018 were confusingly similar and thus lacked distinctiveness from the "In the Raw" registered trademark. The registered wares and services for "In the Raw®" in Canada are listed in detail on the Muscle Flex corporate website at www.muscleflexinc.com.
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. 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.
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