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Relaxation Drink Company Stressed by Competitor's Use of Slogans.

HOUSTON, June 29, 2009 -- Nevada's Innovative Beverage Group, Inc., makers of the DRANK brand relaxation beverage, commenced legal proceedings against a New York-based competitor in response to unlawful use of slogans.

The complaint filed in the U.S. District Court for the Southern District of Texas accuses Katalyst Beverage Corporation of using its registered slogans EXTREME RELAXATION and SLOW YOUR ROLL in connection with competing relaxation drink SIPPIN SYRIP.

The United States Patent & Trademark Office (USPTO) conferred registered status to Innovative Beverage for SLOW YOUR ROLL on December 23, 2008 with a date of first use of February 15, 2008.

Innovative Beverage Group, Inc. filed an intent-to-use application to register EXTREME RELAXATION on July 18, 2008 and later filed a Statement of Use entitling them to use July 18, 2008 as their date of first use.

The primary purpose of trademark infringement laws is to prevent consumer confusion regarding the source of goods and services. The first party to use a trademark may prohibit other parties from using a mark subsequently in connection with similar goods or services if it so resembles the original mark as to cause confusion. If the later mark is so similar, it is deemed to infringe on the prior mark.

Product and company slogans can receive protection as a trademark if the consuming public identifies the slogan as an identifier of the source for goods or services.

Despite their filings with the USPTO, Innovative Beverage Group, Inc. will not recover on its claims of trademark infringement, trademark dilution, false designation of origin, and unfair competition if Katalyst Beverage Corporation used the slogans prior to Innovative Beverage's dates of first use.