Drink Maker Barred from ‘Krank3d’ Trademark Use, Court Affirms

An energy drink maker should be barred from using the “Krank3d” name because of a likelihood it infringes a competitor’s “Get Krank’d” trademark, an Eleventh Circuit panel affirmed.

The lower court was right in granting Nutrition Resource Services Inc.'s preliminary injunction request because it established a likelihood it would succeed in its trademark infringement allegations against Hi-Tech Pharmaceuticals Inc., according to the per curium opinion filed Wednesday in the US Court of Appeals for the Eleventh Circuit. Hi-Tech Pharmaceuticals, which makes “Krank3d,” couldn’t show irreparable harm or an adverse effect on public interest if its use of the mark was ...