Play Beverages LLC, CirTran Beverage Corporation and CirTran Corporation (OTC BB: CIRC) announced today the U.S. District Court, Central District of California has ruled in their favor. The Court denied Playboy Enterprises International, Inc.’s (“Playboy”) motion for injunction and dismissed Playboy’s trademark lawsuit.
In an order issued January 30, 2013, U.S. District Judge S. James Otero ruled in favor of Play Beverages and CirTran in declining to enjoin Play Beverages from selling the Playboy Energy Drink. Judge Otero granted Play Beverages’ motion to dismiss the case without prejudice, finding that Playboy’s lawsuit was inappropriate under the forum selection clause of the License Agreement between Play Beverages and Playboy. Judge Otero ruled that Playboy could not bring its claims in California.
Less than two months ago, the U.S. Bankruptcy Court for the District of Utah ruled in favor of Play Beverages and the CirTran companies, vacating a bankruptcy and freeing the companies to take legal actions to protect the product license granted for its Playboy Energy Drink (see “U.S. Judge Takes Play Beverages LLC, Debtor to CirTran Beverage Corporation, Out of Bankruptcy, Free to Take Action to Protect Playboy Energy Drink Licenses,” BusinessWire, December 7, 2012).
That judge’s ruling took Play Beverages out of bankruptcy, enabling it to continue its action in state courts against Playboy Enterprises and others to protect its license to produce and sell Playboy Energy Drink.“Today’s ruling marks continued good news for Play Beverages and the CirTran companies,” said Iehab J. Hawatmeh, CirTran’s president. “We have been through nearly two years of legal actions, but now there are brighter skies on the horizon. Everyone at Play Beverages and CirTran is excited about getting back to business and regaining the momentum we worked so hard to build in expanding our beverage business and Playboy Energy Drink sales worldwide.”