MusclePharm

This is an old revision of this page, as edited by Quartet (talk | contribs) at 21:33, 1 January 2013 (Correct, it's not really a lawsuit, more of a continuation of this train of thought). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

MusclePharm is an American nutritional supplement company headquartered in Denver, Colorado. MusclePharm is currently sold in over 120 countries and available in over 10,000 U.S. retail outlets, including GNC, Walmart, and Vitamin Shoppe, as well as over 100 online stores, including bodybuilding.com, Vitacost.com, GNC.com, SupplementWarehouse.com, AllStarHealth.com, LuckyVitamin.com, Dick's Sporting Goods, and WinnyVS.com.[3][4]

MusclePharm (MSLPD.OB)
Company typePublic
OTCQBMSLP
IndustrySupplements, Bodybuilding, Vitamins, Dietary Supplements
FoundedDenver, Colorado, USA 2010
FounderBrad Pyatt
Cory Gregory
Headquarters,
Area served
Worldwide
Key people
Brad Pyatt
(Founder & CEO)
Cory Gregory
(EVP-Co-Founder)
Jeremy Deluca
(EVP-CMO)[1]
John Bluher
(EVP-COO)
Gary Davis
(CFO)[2]
WebsiteMusclePharm.com

Company history

MusclePharm Corporation was incorporated on August 4, 2006. On February 18, 2010, the company acquired Muscle Pharm, LLC, and as a result, MusclePharm became a wholly owned subsidiary of the company.[4] MusclePharm went public June 22, 2010 under the symbol MSLPD.OB and is currently traded on the OTCBB. In February 2012, MusclePharm launched a new product line called "MMA Elite" in partnership with the UFC sponsor MMA Elite.[5] [6][7]

MusclePharm's revenues will likely exceed $70 million in 2013, and with dwindling debt and a recent 850-for-1 reverse split, the stock meets major listing standards for the NASDAQ.[8]

Referred to as "The Athlete's Company" by its CEO, Brad Pyatt, MusclePharm's focus is on healthy lifestyles, and the company develops and manufactures a line of supplements intended to assist athletes with muscle building, weight loss, and general fitness through the use of a daily supplement regimen. MusclePharm claims their supplements are free of banned substances such as anabolic steroids. Their pre-workout product "Assault" and their protein powder "Combat" has INFORMED-CHOICE certification.[9] However, in March 2012, NSF International released a memorandum to publicly notify any concerned parties that MusclePharm currently has a product on the market that improperly bears the "NSF Certified for Sport" mark. NSF claimed that these products were not certified in the NSF Certified for Sport program.[10]

MusclePharm has faced several legal issues related to the trading of its stock. Marina Ventures, LLC is seeking to force MusclePharm into selling 21,666,667 shares of common stock, a sale that Marina Ventures alleges MusclePharm had previously agreed upon. Marina Ventures is also seeking $64,800 and additional unspecified damages in the suit. Inter-Mountain Capital Group sued MusclePharm for alleged failure to sell shares, and is seeking general and compensatory damages in an amount not less than $3,911,000.[11] MusclePharm also faces legal action from John's Lone Star Distribution. According to the complaint, MusclePharm allegedly entered into illegal price discrimination contracts with Lone Star's major competitor, with the intention of removing Lone Star from the sports supplement distribution market.[12]

In February 2011, Environmental Research Center (“ERC”) filed notices of intent to commence litigation against over 200 sports nutrition and dietary supplement companies in the United States and Canada, including MusclePharm. ERC alleges violations of California Proposition 65.[13]

In February 2012, ThermoLife International, LLC, filed claims for patent infringement, inducement of patent infringement, and contributory patent infringement against MusclePharm, claiming that MusclePharm is openly violating ThermoLife's U.S. Patent No. 7,777,074, which protects and covers amino acid compounds, including creatine nitrate.[14]

In March 2012, MusclePharm sued Fuse Science, Inc. for trademark infringement and unfair competition under the Federal Lanham Act. MusclePharm voluntarily dismissed these claims on October 1, 2012.[15] They also sued Swole Sports Nutrition, LLC in March 2012 claiming trademark infringement against after the Swole started marketing and selling a dietary supplement named “Turbo Shred”. MusclePharm has sold “Shred Matrix” since April 2, 2008, and the mark “MusclePharm Shred Matrix” was granted registration by the USPTO on September 21, 2010.[16]

On September 6, 2012 The Tawnsaura Group, LLC sued MusclePharm for patent infringement.[17]

On October 7, 2012, MusclePharm agreed to discontinue use of BEAST Sports Nutrition’s trademarks including "Beast" and "Beast Mode" after MusclePharm’s alleged unauthorized use and representation of these BEAST trademarks. Exact terms of the settlement agreement were not disclosed.[18]

Bodybuilding.com awards

MusclePharm has been nominated and has won a number of Bodybuilding.com Awards. Bodybuilding.com is an American online retailer of sports supplements and nutritional products based in Meridian, Idaho. MusclePharm President and Chief Marketing Officer Jeremy DeLuca is the brother of Bodybuilding.com CEO Ryan DeLuca.[19]

  • 2012 Nominated for 18 Bodybuilding.com supplement awards [20]

Awarded:

  1. Brand of the Year
  1. Pre-Workout of the Year
  1. Packaging of the Year
  • 2011 Nominated For 14 2011 Bodybuilding.com Supplement Awards.[21]

Awarded:

  1. Breakout Brand Of Year
  1. New Supplement of Year (Assault)
  1. Best Packaging of Year
  • 2010 Nominated for five 2010 Bodybuilding.com supplement awards [22]

Awarded:

  1. Supplement company of the month October 2010 on bodybuilding.com [23]
  1. Top 10 bestselling brands on bodybuilding.com [24]
  1. Breakout brand of the year
  1. Recovery product of the year (Re-Con)
  1. Pre-workout product of the year (Assault)
  1. Best new supplement of the year (Bullet Proof)
  1. New Brand Of The Year
  • 2009

Awarded:

  1. New Brand Of The Year

Partnerships/sponsorships

  • Xempt Player Series[28]
  • Eurpac Service, Inc.[30]

Athletes

  • Natalia Muntean (2009 Ms. Bikini Universe and WBFF Fitness Model World Champion)[36]
  • Obi Obadike (World Body & Fitness Federation Pro-Male Fitness Model World Champion and 2010 FMI Male Fitness Model of the Year)[37]

References

  1. ^ Former President of Bodybuilding.com Joins MusclePharm
  2. ^ MusclePharm appoints new CFO
  3. ^ "MusclePharm Adds Dick's Sporting Goods To Its Growing Retail Distribution Read more here: http://www.heraldonline.com/2012/08/28/4219426/musclepharm-adds-dicks-sporting.html#storylink=cpy". heraldonline.com. Retrieved 29 August 2012. {{cite web}}: External link in |title= (help)
  4. ^ a b "Company Info". Reuters.com. 2009-02-09. Retrieved 2012-08-15.
  5. ^ "MMA Elite Supplements Powered by MusclePharm Now Available at Wal-Mart". PR Newswire. Retrieved 14 August 2012.
  6. ^ Johnsen, Michael. "MusclePharm launches MMA Elite supplement line at Walmart". Drug Store News. Michael Johnsen. Retrieved 29 May 2012.
  7. ^ "MusclePharm: A Fast Growing Sports Nutrition Company". Seeking Alpha. Seeking Alpha. Retrieved 14 December 2012.
  8. ^ Harris, Sarah. "MusclePharm Seeks NASDAQ Listing, Eliminates Debt, Grows Q3 Revenues by $14M YoY". Trefis. Trefis. Retrieved 14 December 2012.
  9. ^ "Informed Choice Certification". Informed-choice.org. Retrieved 2012-08-15.
  10. ^ http://www.nsfsport.com/mp_public_notice.pdf NSF Public Notice
  11. ^ [1]
  12. ^ [2]
  13. ^ [3]
  14. ^ http://patentdocs.typepad.com/files/2012-02-01-thermolife-v.-musclepharm.pdf
  15. ^ [4]
  16. ^ [5]
  17. ^ The Tawnsaura Group, LLC v. Musclepharm Corporation
  18. ^ MusclePharm Taps Out as Beast Sports Nutrition Prevails in Trademark Infringement Suit
  19. ^ Sports Nutrition Retail Mogul Jeremy Deluca Signs as MusclePharm President and Chief Marketing Officer
  20. ^ Bluher, John. "MusclePharm Nominated For 18 Bodybuilding.com Supplement Awards". PR Newswire. Retrieved 15 August 2012.
  21. ^ PR NewsWire (25 July 2011). "MusclePharm Nominated for 14 Bodybuilding.com Supplement Awards". Retrieved 26 July 2011.
  22. ^ BusinessWire (6 March 2011). "MusclePharm Nominated for Five 2010 Bodybuilding.com Supplement Awards, Part II". Retrieved 3 May 2011. {{cite web}}: |author= has generic name (help)
  23. ^ GlobalNewsWire (5 October 2010). "MusclePharm Recognized as Supplement Company of the Month by Bodybuilding.com, Part II". Retrieved 30 April 2011.
  24. ^ GlobalNewsWire (25 January 2011). "MusclePharm Moves Into Top 10 Best-Selling Brands on Bodybuilding.com , Part II". Retrieved 30 April 2011.
  25. ^ "UFC and MusclePharm Ink New Deal". Ufc.com. 2011-09-22. Retrieved 2012-08-15.
  26. ^ Globe NewsWire (18 January 2011). "MusclePharm Becomes an Official Nutritional Supplement Supplier for the Cincinnati Reds,". Retrieved 30 April 2011.
  27. ^ businesswire (8 July 2010). "MusclePharm Announces Partnership With Bodybuilding.com And The 1st Annual 2010 Military Challenge, Part II". Retrieved 30 April 2011. {{cite web}}: |author= has generic name (help)
  28. ^ "Xempt Partnership". Golfbusinesswire.com. 2011-03-08. Retrieved 2012-08-15.
  29. ^ PR NewsWire (20 June 2011). "MusclePharm to Launch MMA ELITE Supplement Line in Walmart,". Retrieved 20 June 2011.
  30. ^ PR NewsWire (27 March 2012). "MusclePharm Signs Agreement with Eurpac, Worldwide Distributor to U.S. Armed Forces,". Retrieved 29 May 2012.
  31. ^ GlobeNewsWire. "MusclePharm(R) to Sponsor MMA Champion Anderson Silva at UFC 126 Main Event". Retrieved 1 May 2011.
  32. ^ The Sacramento Bee. "Musclepharm Signs Pro Baseball Rookie Phenom Bryce Harper As Sponsored Athlete". Retrieved 22 May 2012.[dead link]
  33. ^ StockMarketWatch. "MSLP is our New Research Report! Details Inside!". Retrieved 13 June 2011.
  34. ^ GlobeNewsWire. "MusclePharm to Sponsor MMA Star Jake Shields at UFC 121 Co-Main Event". Retrieved 1 May 2011.
  35. ^ GlobeNewsWire. "MusclePharm to Sponsor MMA Star Lyoto Machida at UFC 123 Main Event". Retrieved 1 May 2011.
  36. ^ GlobeNewsWire. "MusclePharm Signs Leading Fitness Female Natalia Muntean". Retrieved 1 May 2011.
  37. ^ GlobeNewsWire. ""The World's Most Ripped Fitness Model - Obi Obadike" Signs Endorsement Contract with MusclePharm". Retrieved 1 May 2011.
  38. ^ PR.com. "VFD Sports Announces MusclePharm Sponsorship Deal for Pat Barry". Retrieved 30 April 2012.
  39. ^ PRNewsWire. "MusclePharm Inks Deal With NFL Superstar, 49er All-Pro Patrick Willis". Retrieved 12 Jan 2011.