NVE, Inc., the manufacturer and distributor of Stacker 2, Stacker 3 and Stacker 2 and 6 Hour Power energy shots, announced through PR Newswire that NVE, Inc. won a court judgment against Defendants Edward Day, Lisa Calderone and Brandy Copley for copy right infringement, selling "look a like" Stacker products containing ephedra, a substance banned by the U.S. Food & Drug Administration on April 12, 2004 and which NVE no longer uses in its Stacker products. The defendants were also found guilty of selling expired authentic STACKER 2 and STACKER 3 products, which were sold legally prior to the ban of ephedra, the sale of which is now prohibited by federal law.

The defendants used iOffer.com to sell products that bore identical or deceptively similar marks to NVE’s STACKER 2 and STACKER 3. The Court found that Defendants sold the following varieties of infringing products:

• Counterfeit of STACKER 2 and STACKER 3 that contain ephedra, a substance banned by the U.S. Food & Drug Administration on April 12, 2004;
• Knock-off products that use the STACKER 2 and STACKER 3 Trade Dress without any notice of authorization on its label or in its product description on iOffer.com.
• Expired authentic STACKER 2 and STACKER 3 products, which were sold legally prior to the ban of ephedra, the sale of which is now prohibited