Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Innovation Ventures, LLC v. N.V.E., Inc.

United States Court of Appeals for the Sixth Circuit
694 F.3d 723 (2012)


Facts

Innovation Ventures, LLC (plaintiff) manufactured a drink called “5-hour ENERGY.” N.V.E., Inc. (defendant) manufactured a drink called “6 Hour POWER.” In an action not involving N.V.E., Innovation brought a successful trademark suit against N2G Distributing, Inc., which had produced a drink called “6 Hour ENERGY.” The court in that proceeding ordered a recall of N2G’s product. In response to this legal victory, Innovation issued a notice to its distribution customers and retailers with the title “RECALL of ‘6 HOUR’ SHOT ORDERED.” The notice stated: “If you have any of the ‘6 Hour’ energy shots in your store(s) or warehouse(s) contact the product’s manufacturer or your distributor to return the product immediately.” The notice did not specifically name “6 Hour ENERGY” as the product that the court had recalled. Innovation sued N.V.E. for trademark infringement, but N.V.E. countersued for false advertising based on Innovation’s notice. N.V.E. sought to introduce evidence of countless phone calls it received from confused retailers in response to the notice. Many of these calls were from retailers who were trying to find out how to return “6 Hour POWER” drinks, even though the drink was not actually recalled. The district court excluded this evidence as hearsay and granted Innovation summary judgment on N.V.E.’s counterclaim. N.V.E. appealed.

Rule of Law

Issue

Holding and Reasoning (Boggs, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 397,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial