Muscle Flex Inc. sent out the following press release today, announcing that they will seek financial damages from WWE for the unauthorized use of "Raw" in Canada, which it has used without permission for over 10 years. Here is the full press release:
Muscle Flex to Seek All Infringement Damages Against World Wrestling Entertainment (WWE) After It Was Successful in Defending Its "In the Raw®" Trademark Against the WWE’s "Raw" Trademark
LOS ANGELES, CA–(Marketwire – September 17, 2009) – Muscle Flex Inc. (PINKSHEETS: MFLI) (www.MuscleFlexInc.com) has announced to investors that it will be seeking all infringement damages against the World Wrestling Entertainment for its unauthorized use of "Raw" in Canada which it has used without permission for over 10 years. Muscle Flex has accumulated significant evidence which it believes proves undeniably that the WWE procured the sale and distribution of "Raw" labeled products that infringed on the "In the Raw®" wares and services over a period of many years and continue to this day. In 2002, a Cease and Desist order was issued but was ignored by the WWE as they continued to sell "Raw" branded merchandise in Canada knowing that ‘In the Raw’ was a registered trademark.
In a press release dated July 20, 2009, Muscle Flex Inc. disclosed that it was in possession of WWE "Raw" labeled items that it believes directly infringe on its ‘In the Raw’ trademark. Items include: various CDs, VHS tapes and a number of apparel items. According to 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.
The multi-year dispute between Muscle Flex’s "In the Raw" and WWE’s "Raw" trademark concluded in April of this year when Muscle Flex successfully defended its "In the Raw®" trademark against WWE "Raw" trademark application 1,153,018 in a final Federal Court appeal by the WWE. Previously, 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.
"If someone steals your car and decides to drive it for 15 years knowing it was yours, how would you react?" commented Danny Alex, CEO of Muscle Flex Inc. "Now that the appeal process has concluded, Muscle Flex has begun the process to fully monetize all elements of its ‘In the Raw’ trademark including all infringement and potential damages caused by the WWE in its unauthorized use of ‘Raw’ in Canada. This has been a very long process and I fully intend to bring full and complete restitution to Muscle Flex shareholders… full stop."
Danny Alex continued, "We are measuring the specific potential damages the WWE has caused over the years and the dilution of our ‘In the Raw’ brand in Canada as a result of WWE’s infringement. In 2002, we issued a Cease and Desist order that was ignored by the WWE as they continued to sell ‘Raw’ branded merchandise, and continue to do so in Canada, knowing that ‘In the Raw’ was and is a registered trademark in Canada and has been for many years prior."
Muscle Flex Inc. is in the process of developing its first generation of "In the Raw" logo designs that will appear on all branded merchandise. Details of the Muscle Flex ‘In the Raw’ brand are expected to be released shortly.
For additional 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.
"Muscle Flex" is a Registered Trademark of Muscle Flex Inc.
"Muscle Flex" and "In the Raw" are Registered Trademarks of Muscle Flex Inc.
Muscle Flex Mission Statement
Muscle Flex Inc. is a company dedicated to providing the highest quality health, fitness, and lifestyle products that enrich and provide unequivocal betterment for an individual both physically and emotionally. To this end, Muscle Flex strives to always keep respect and honesty in all it delivers to its customers and provide the highest regard on the value of each individual. Muscle Flex believes it is its fiduciary duty to help in assisting all individuals attain a healthier lifestyle who have been disadvantaged one way or another by circumstances that were not of their choosing or control.
About Muscle Flex Inc. (www.MuscleFlexInc.com)
Muscle Flex Inc. is a leading edge fitness, health and lifestyle company that develops exciting brands and new products to market using direct response TV advertising and infomercials as well as cutting edge brand and image marketing through the creation of television media content for network and cable television distribution.
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.