5-Hour Energy Takes Lawsuit Against On Go Energy Shot to Federal Court

Innovation Ventures LLC, the makers of 5-Hour Energy, are claiming $90,000 in damages over stolen trade secrets in a U.S. District Court lawsuit against Aspen Fitness Inc., which makes On Go Energy Shot, according to an article on crainsdetroit.com.

Reinvigorating the claims of a 2008 lawsuit that was dismissed by the Oakland County Circuit Court, the suit claims that Kevin Zwierzchowski, formerly Innovation Ventures’ controller and operations manager, took trade secret formulas along with a customer and vendor list when he was terminated from the company. According to Innovation Ventures, Zwierzchowski then shared them with Derrick George, the president and CEO of Aspen Fitness, when he was hired by George and received between $1,000 and $2,000 in consultation fees.

The lawsuit alleges misappropriation of trade secrets, copyright infringement, unfair competition, unjust enrichment, trademark infringement and violations of the federal Lanham Act.