Opposer: Monster Energy Company
Trademark Applicant: East 5th Brewing, LLC
At Issue: THE BEAST FROM THE EAST
On January 6, 2016, Monster Energy Company (“Monster”) started off the new year by filing a trademark opposition against East 5th Brewing Company (“Brewing Company”). Grounds for the opposition include Monster’s belief that it will be damaged by the registration of the Brewing Company’s intended mark, THE BEAST FROM THE EAST.
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.
