Opposer: Monster Energy Company
Trademark Applicant: Two Roads Brewing Company LLC
At Issue: BERGAMONSTER
It’s been a busy 2016 for Monster Energery Company (“Monster”) as it filed another trademark opposition against a brewing company. This time, Monster believes it will be damaged by the application for the mark BERGAMONSTER filed by Two Roads Brewing Company LLC.
Monster points to its family of “MONSTER marks,” which include:
- MONSTER
- MONSTER ENERGY
- LO-CARB MONSTER ENERGY
- UBERMONSTER
- MONSTER ENERGY ULTRA CITRON
- MONSTER REHAB
- MONSTER CUBA-LIMA
- MONSTER ENERGY BFC
- MONSTER M-80
- MUSCLE MONSTER
- JUICE MONSTER
- MONSTER ASSSAULT
- JAVA MONSTER
- PUNCH MONSTER
- MONSTER ENERGY ZERO ULTRA
- MONSTER ENERGY ULTRA RED
- MONSTER ENERGY ULTRA BLUE
As it did in its other opposition this year, 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 BERGAMONSTER is granted, it will likely cause confusion among consumers as to the Monster’s association with the brand.
The main question here is whether the goods are different enough. BERGAMONSTER looks to protect beer, while Monster’s mark cover energy drinks/juices. The relation of the parties’ goods and channels of trade matter when determining likelihood of confusion. 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.
Two Roads Brewing has until February 29 to respond to this opposition.
