Muscle Flex Inc. Announces Additional Success In The "In The Raw®" Trademark Dispute With World Wrestling Entertainment (WWE) In Canada
-- Muscle Flex Inc.
BEVERLY HILLS, CA, April 20, 2009 - Muscle Flex Inc. (PINKSHEETS: MFLI) announces that it was successful in further defending the "In the Raw®" trademark dispute with World Wrestling Entertainment (WWE) in Canada. The CIPO (Canadian Intellectual Property Office) issued a final decision on June 18, 2008 and found that certain wares listed in the WWE "RAW" trademark application 1,153,018 were confusingly similar and thus lacked distinctiveness from the "In the Raw" registered trademark which MFLI (www.MuscleFlexInc.com) is in the process of completing the acquisition of. The WWE appealed the ruling to Federal Court but failed to file the required documents by the required date. A Notice of Status Review has been issued by the Federal Court on the appeal.
The June 18th, 2008 decision by the CIPO Opposition Board confirmed what was believed in that certain wares listed in the WWE "RAW" trademark application 1,153,018 were confusingly similar (and thus lacked distinctiveness) from the "In the Raw" registered trademark. The registered wares and services for "In the Raw®" in Canada are:
Services:
"Entertainment services, namely the performance of live music concerts; audio and video recording and production services; composition of music for others; public appearances on behalf of others; and endorsement of products and services of others."
Wares:
"pre-recorded audio compact discs, audio cassette tapes and video cassettes; music videos; posters and photographs; key rings; clothing namely hats, caps, cowboy hats, T-shirts, tank tops, sweatshirts, sweatpants, shorts, pajamas, lingerie, jackets and coats; pens; pencils; erasers; flags; pennants; towels; blankets and sheets; license plates; notebooks and notepads; stickers; playing cards; school bags and knapsacks; computer mouse pads and computer screen savers; watches; condoms."
The 23 page ruling dated June 18, 2008 resulted in the World Wrestling Entertainment's Canadian trademark application 1,153,018 for the WWE "Raw" application being denied for the following wares:
"pre-recorded records; pre-recorded audio and visual tapes; pre-recorded video tapes and cassettes, pre-recorded audio-cassettes, pre-recorded tapes; posters; mounted and unmounted photographs; full line of clothing, namely tops, t-shirts, shirts, sweatshirts, sweaters, pullovers, blouses, jackets, coats, trousers, pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties, pajamas, belts, gloves, wrist bands, bandannas; headgear, namely hats, caps; stickers; playing cards; mouse pads."
About Muscle Flex Inc.
Muscle Flex Inc. develops and creates media properties and is a product incubator in the health and fitness sector. MFLI develops media content for public consumption and distribution to bring unique and innovative products to market via direct response marketing strategies such as infomercials, advertorials, traditional retail and other associated advertising vehicles to expeditiously and economically market products worldwide.
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.
"In The Raw" Is a Registered Trademark of Danny Alex in Canada, All Rights Reserved.