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The following is an excerpt from a S-1 SEC Filing, filed by MUSCLEPHARM CORP on 10/26/2012.
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MUSCLEPHARM CORP - S-1 - 20121026 - LEGAL_PROCEEDINGS

Legal Proceedings

 

From time to time, we have become involved in various legal proceedings that arise in the ordinary course of business or otherwise. Legal proceedings are subject to inherent uncertainties as to timing, outcomes, costs, expenses and time expenditures by our management and others on our behalf. Although there can be no assurance, based on information currently available, we believe that the outcome of legal proceedings that are pending or threatened against us will not have a material effect on our financial condition. However, the outcome of any of these matters is neither probable nor reasonably estimable.

 

As of October 25, 2012, we were a defendant in the following legal proceedings, each of which we: (a) believe are without merit; and (b) intend to defend vigorously:

 

· Environmental Research Center v. MusclePharm LLC, et al. , Los Angeles Superior Court, California. Date instituted: February 4, 2011. Plaintiff 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 us. ERC alleges violations of California’s Proposition 65.

 

· William Bossung and Bishop Equity Partners LLC v. MusclePharm Corporation , Clark County, Nevada District Court. Date instituted: January 17, 2012. Plaintiff alleges that additional monetary payments are due in respect of a settlement for outstanding warrants.

 

As of October 25, 2012, we are a plaintiff in the following legal matter:

 

· MusclePharm Corporation v. Swole Sports Nutrition, LLC , United States District Court for the Southern District of Florida. Date instituted: March 15, 2012. We filed this action for trademark infringement and unfair competition against the defendant after the defendant started marketing and selling a dietary supplement named “Turbo Shred”. We have sold “Shred Matrix” since April 2, 2008, and the mark “MusclePharm Shred Matrix” was granted registration by the USPTO on September 21, 2010.

 

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