The U.S. Court of Appeals for the Third Circuit has ruled that the insurer covering a vitamin company sued by the makers of the popular 5-hour Energy drink should have defended the company in the latter’s lawsuit.

The three-judge appellate panel’s precedential ruling overturns the lower court’s decision that Vitamin Energy LLC was entitled to a defense by its insurer, Evanston Insurance Co., in a trademark infringement case filed by International IP Holdings LLC and Innovation Ventures LLC, the owners of trademarks for 5-hour Energy liquid energy shots.