5-Hour Energy drinks on sale. Photo: Joshua Rainey Photography/Shutterstock.com Insurer Must Defend Vitamin Co. Over Alleged 'Advertising Injury' Dispute With 5-Hour Energy Makers, 3rd Circ. Rules
Third Circuit Judge Kent Jordan wrote in the court's opinion that Vitamin Energy carried its burden to show that it was entitled to a defense, noting that Pennsylvania law imposes a "broad duty" on insurers to defend lawsuits brought against their insured.
January 05, 2022 at 05:43 PM
5 minute read
The U.S. Court of Appeals for the Third Circuit has ruled that the insurer covering a vitamin company sued by the makers of the popular 5-hour Energy drink should have defended the company in the latter's lawsuit.
The three-judge appellate panel's precedential ruling overturns the lower court's decision that Vitamin Energy LLC was entitled to a defense by its insurer, Evanston Insurance Co., in a trademark infringement case filed by International IP Holdings LLC and Innovation Ventures LLC, the owners of trademarks for 5-hour Energy liquid energy shots.
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