WESTON, Fla., Dec. 11, 2018 /PRNewswire/ -- In a devastating blow to Monster Energy Company, the United States District Judge for the Central District of California disqualified Monster's lead counsel, Marc P. Miles, and the law firm Shook, Hardy & Bacon from further representing Monster in its lawsuit against Bang Energy / VPX Sports and its Founder and CEO, Jack Owoc. The federal lawsuit challenges the advertising of VPX Sports' popular brand of BANG® energy drinks.
Bang Energy CEO and Front-Man, Jack Owoc, moved for disqualification based on Attorney Miles' possession and knowledge of confidential information from a prior federal advertising lawsuit filed by Monster's predecessor, Hansen Beverage, against VPX Sports in 2008, in which Miles represented VPX Sports. In granting VPX Sports' motion to disqualify, the Court found a substantial similarity between the two lawsuits, and also that Miles' involvement in the former lawsuit, alone, was sufficient to disqualify both him and Shook, Hardy & Bacon from representing Monster in the present lawsuit. Based on the substantial relationship between the 2008 and present lawsuits, the Court did not need to address Miles' actual possession of VPX Sports' confidential information.
"This is clear evidence that Monster will go to almost any length, including an attempt to mislead and hoodwink the court, to stop Bang's blistering momentum. Mark my words; Bang Energy is positioned to potentially take over a billion dollars in market share from Monster in 2019. Monster's conflict with Coca Cola / Coke Energy and Bang leave it wide open for rival Red Bull to cut the jugular of this wounded giant."
--Jack Owoc, Bang Energy CEO & CSO
Monster/Hansen dismissed the 2008 lawsuit after the Court denied its motion for partial summary judgment and granted, in part, VPX Sports' motion for summary judgment. The Order disqualifying Miles and Shook, Hardy & Bacon, which is effective as of November 30, 2018, is the first substantive ruling in the present lawsuit.
"We are very pleased with the Court's decision to disqualify Miles and his entire law firm lawsuit and believe that this first ruling supports our position that the lawsuit is without merit and will be dismissed, just like Monster's 2008 lawsuit was dismissed," said Jack Owoc. Owoc added, "This is far from over! Monster is ill prepared to compete with Bang Energy's explosive trend-setting innovations and world class, paradigm-shifting marketing. Bang 'Moved the Cheese' and Monster cannot find it. Bang 'Zigged' when Monster was 'Zagging,' leaving the feckless energy drink giant 'Dazed and Confused.'"
"Turning to the legal system in desperation, Monster's attempt to thwart the success of our REDLINE® products failed in court in 2008, and Monster will fail again in this pathetic and frivolous action. BANG® products are dominating, not only the energy drink market, but, the whole beverage industry! We are vigorously pursuing all legal options against Monster, and its lawyers, for inciting other equally frivolous copy-cat class action lawsuits against VPX and me. This first ruling in our favor is consistent with the rulings in the 2008 lawsuit, and is just the beginning of things to come."
The 2008 lawsuit is docketed under Case No. 08-cv-1545 (S.D. Cal.), and the present lawsuit is docketed under Case No. 18-cv-1882 (C.D. Cal.).
VPX Sports is represented in the present lawsuit by its General Counsel, Marc J. Kesten, Esq., Associate General Counsel, Francis Massabki, Esq., and Erica W. Stump, Esq.
About Vital Pharmaceuticals, Inc. d/b/a VPX Sports:
VPX was founded in 1993 with one goal in mind: to produce the highest grade, university-proven sports supplements and performance beverages in the world. VPX has delivered on its promise by funding over 24 landmark, human-subject studies on its products, including BANG®, at UCLA, University of South Alabama, Florida State University, Baylor, University of Southern Maine, Memphis University, College of New Jersey, FIU, and other top universities in the country. VPX continues to update and release new nutrition products, proudly maintaining its distinction as the "Frontrunner in Sports Nutrition." VPX is orchestrated by the world's leading authority, author, and developer of performance-enhancing supplementation and physique-altering nutrition—Founder and CEO, Jack Owoc.
Please visit our new Bang website, www.bang-energy.com, and follow us on Instagram @bangenergy and @VPXRedlineCEO for continuous updates, workout tips, and supplement research.
VP of Media
Vital Pharmaceuticals, Inc.
SOURCE Vital Pharmaceuticals, Inc.