Nestle USA is claiming that CytoSport's Muscle Milk is "deceptively named and marketed because it does not actually contain milk," according to Andrew Adam Newman of the N.Y. TIMES. Nestle filed a complaint with the National Advertising Division (NAD) of the Council of Better Business Bureaus against CytoSport, but since CytoSport "declined to participate, the NAD in May referred the matter" to the FTC and the FDA. Nestle USA on June 9 filed a petition with the U.S. Patent & Trademark Office to "revoke Muscle Milk's trademark for being 'deceptively misdescriptive.'" CytoSport "countered that it had never 'marketed Muscle Milk products as flavored dairy milk.'" CytoSport, which has about $200M in annual revenue, since '07 has "opposed dozens of proposed trademarks, often because the names of products contain the word 'milk' and allegedly violate its trademark." While Muscle Milk "asserts its right to call itself milk, it has blocked others from doing so, opposing trademark applications for products including Mega Milk, Active Milk Shake Plus and Monster Milk." Muscle Milk is "marketed primarily to athletes," and their advertising has featured Cavaliers C Shaquille O'Neal, among other pro athletes ( N.Y. TIMES, 7/27 ).
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| Nestle Files Complaint Against Muscle Milk |
