Opposer: Crown Imports LLC

Trademark Applicant: Crown Brewing LLC

Mark At Issue: CROWN BREWING

On December 30, 2015, Crown Imports LLC filed a trademark opposition against Crown Brewing LLC, an Indiana brewing company.  This opposition was based on Crown Brewing’s application to register CROWN BREWING as a trademark.  Crown Imports alleges that it will be damaged if this application were to be approved.

Crown Imports is licensed to import, distribute and market CORONA® beer within the United States and uses its CROWN IMPORTS and CROWN IMPORTS LLC marks in commerce on millions of bottles and cans of CORONA beer.  Based on its widespread and extensive use of its marks throughout the United States, Crown Imports states they have become source identifiers for the goods that are distributed under that name.  Additionally, the goods of Crown Brewing are identical to some of the goods covered by Crown Imports’ marks resulting to identical and similar trade channels.

Crown Imports concludes that the CROWN BREWING mark would cause confusion, mistake, and deception within the meaning of the Trademark Act, therefore the applicants application should be denied and refused.

Crown Brewing’s answer is due on February 8, 2016.

Monster points to a number of “BEAST-inclusive” trademarks it already knows to establish the similarity between the marks:

• UNLEASH THE BEAST!
• UNLEASH THE ULTRA BEAST!
• UNLEASH THE NITRO BEAST!
• REHAB THE BEAST!
• REHAB THE BEAST! WWW.MONSTERENERGY.COM
• PUMP UP THE BEAST!
• UNLEASH THE CAFFEINE FREE BEAST!

In its opposition, Monster provides evidence of “substantial and continuous” marketing and promotion in connection with these marks and its goods.  In doing so, it attempts to show that all of its marks have developed into well known identifiers for its Monster Energy® drinks.  For the marks that Monster does not have a federal registration for, it relies on common law rights established with use in addition to the popularity and recognition of its brand.

Monster claims that if the registration for THE BEAST FROM THE EAST is granted, it will likely cause confusion among consumers as to the Monster’s association with the brand.

Where this case would likely be decided is the relation of the parties’ goods and channels of trade.  Monster states that the goods will be sold in the same or related channels of trade, which includes gas stations, convenience stores, grocery stores, mass merchandisers, and drug stores.  It also points out that its goods are sold at establishments which are licensed to sell alcoholic beverages, such as restaurants, bars and nightclubs.

It’ll be up to East 5th Brewing to show otherwise.  Its answer is due on February 2, 2016.