drank® Innovator Not Relaxing on Trademark Rights
HOUSTON, May 20 /PRNewswire-FirstCall/ --:Innovative Beverage Group Holdings, Inc. (Pink Sheets: IBGH) inventors of successful brands such as drank® "Extreme Relaxation®" and drank Deuce™ has opened new beverage industry frontiers in the relaxation beverage market, however it has not been slow to defend its flagship trademarks, such as "Slow Your Roll®" and "Extreme Relaxation®".
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IBG CEO Peter Bianchi takes branding seriously. Bianchi says that IBG will defend its intellectual property, protect its position of industry leader, innovator and inventor, and, will take to task anyone who threatens or harms any IBG brand in any way. Although the costs of protecting one's trademarks can be substantial, Bianchi feels that a business' brand is often its most valuable asset. Therefore, aggressive trademark enforcement is a must.
IBG filed a federal lawsuit in June of 2009 against Katalyst Beverage Corporation for using IBG's "Slow Your Roll®" and "Extreme Relaxation®" trademarks. IBG sought – and received – a court order enjoining Katalyst from using its marks and ordered Katalyst to forever cease and desist from manufacturing, distributing, promoting, selling or advertising any product using IBG's "Slow Your Roll®" and "Extreme Relaxation®".
IBG also obtained a judicial recognition of the strength and value of its marks, thus better enforcing its rights in the future. The order states that IBG's marks are "valid, enforceable, fully subsisting, inherently distinctive, strong, famous and have acquired secondary meaning in the marketplace" under trademark law. According to trademark attorney Leon Bass of the Ohio based Chester Willcox & Saxbe, LLP, who represented IBG, "The acquisition of secondary meaning along with the ruling that the marks are fully valid and enforceable sets a valuable precedent that will make it difficult for other competitors to attack IBG's trademarks, further securing IBG's goodwill and branding value." Co-attorney David Butler agreed: "This is a clear victory and a valuable step in protecting IBG's goodwill and branding concepts, and therefore IBG's efforts have paid off," Butler said. Bass added, "This is a great example of how to protect one's vision, and why IBG will continue to aggressively protect is rights."
"We are quite satisfied with the outcome in the Katalyst matter and will remain vigilant in protecting our brand, intellectual property and marks as the relaxation category inventor, innovator and leader, tenaciously pursuing any copycats, imitators and outright knock off artists that enter the market. We welcome, as a company, innovation within the category we created that only strengthens our market, but are greatly saddened by the industry's followers, not leaders," said Bianchi.
drank™ is the antithesis of the herd of energy drinks crowding the functional beverage sector. With a slogan of "Slow Your Roll®," this lightly carbonated relaxation beverage is infused with melatonin, valerian root and rose hips to provide a relaxing effect for consumers. Since launching drank® in select markets in early 2008, it has quickly become the go-to beverage for people looking to relax their mind and body.
About Innovative Beverage Group Holdings, Inc.
Innovative Beverage Group Holdings, Inc. is a Nevada-based corporation headquartered in Houston, Texas that engages in the distribution and wholesale of products in the New Age beverage category. The company recently launched its first proprietary product drank™. drank® was created to induce a natural calming and soothing effect when consumed. Lightly carbonated and grape flavored drank® was formulated with natural calming agents including melatonin, rose hips, and valerian root. drank® is sold in prominent purple, signature 16 ounce cans bearing the slogan "slow your roll®" and is available in convenience and grocery outlets in a growing number of regions throughout the United States. Innovative Beverage Group began operations as a distributor for well known national brands of beverage products including Jolt, Rock Star, Crystal Geyser, Sweet Leaf tea, Arizona Ice tea, and Volvic Water. Although the company continues to distribute many of these well known brands in the greater Houston area, the expansion of Innovative's proprietary product division has become foremost in their business model. Recent corporate strategies have been focused on the marketing and distribution of drank™ to accommodate the growing demand for the product. Innovative Beverage Group is also currently working to add additional proprietary products to its line that will complement drank® and provide consumers with an array of new and unique concepts in the New Age beverage category.
All company and/or product names are trademarks and/or registered trademarks of their respective owners.
Cautionary Statement Regarding Forward-Looking Statements
Certain oral statements made by management from time to time and certain statements contained in press releases and periodic reports issued by Innovative Beverage Group, Inc., (the "Company"), as well as those contained herein, that are not historical facts are "forward-looking" statements within the meaning of Section 21E of the Securities and Exchange Act of 1934, and because such statements involve risks and uncertainties, actual results may differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements, including those in Management's Discussion and Analysis, are statements regarding the intent, belief, or current expectations, estimates, or projections of the Company, its directors, or its officers about the Company and the industry in which it operates and are based on assumptions made by management. Forward-looking statements include without limitation statements regarding: (a) the Company's strategies regarding growth and business expansion, including future acquisitions; (b) the Company's financing plans; (c) trends affecting the Company's financial condition or results of operations; (d) the Company's ability to continue to control costs and to meet its liquidity and other financing needs; (e) the declaration and payment of dividends; and (f) the Company's ability to respond to changes in customer demand and regulations. Although the Company believes that its expectations are based on reasonable assumptions, it can give no assurance that the anticipated results will occur. When issued in this report, the words "expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates," and similar expressions are generally intended to identify forward-looking statements.
For media samples, product photography, and additional information- contact Beckerman at 201-465-8008 or email [email protected]
SOURCE Innovative Beverage Group Holdings, Inc.
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