27
Jul/09

Is MUSCLE MILK Deceptively Misdescriptive?


NY Times: “Got Milk? For Sports Drink Maker, Nestle Says No:

On June 9, Nestlé USA filed a petition with the United States Patent and Trademark Office to revoke Muscle Milk’s trademark for being “deceptively misdescriptive.” In response to questions from The New York Times, representatives for both Nestlé and CytoSport issued statements.
“Nestlé USA strongly believes in the nutritional benefits of milk,” the company stated. “Consumers looking at Muscle Milk, marketed as a ‘Nutritional Shake,’ are likely to be misled into believing they are purchasing a flavored or supplemented milk product, when, in fact, they are purchasing a water-based product that contains no milk.”

Prior coverage on MUSCLE MIK v MUSCE POWER trade dress here.