Monster Energy files TM infringement suit

US-based energy drink manufacturer Monster Energy has filed a trademark infringement lawsuit against two businesses based in the country.

Monster filed its suit (pdf) against Nature’s Bounty Company and Met-Rx Substrate Technology at the US District Court for the Central District of California on Monday, January 30.

The energy drink company argued that its trademarks had been infringed and that the defendants had created a false designation of origin and competed unfairly.

Met-Rx is a fitness products company and Nature’s Bounty is a vitamins and supplements supplier.

Monster argued that since 2002 it has “consistently” used its ‘Monster Energy’ mark to identify its ready-to-drink beverage line.

The energy drink business added that it owns a number of marks for the term ‘Monster Energy’ that cover goods such as fruit juice drinks, carbonated soft drinks and energy drinks.

According to the suit, Nature’s Bounty and Met-Rx infringed its marks on their websites by selling ready-to-drink beverages.

The defendants have used the mark ‘Love the Monster’ in nationwide television advertisements, press releases and social media campaigns, the suit said.

In addition, Nature’s Bounty and Met-Rx allegedly manufactured their infringing products for stores such as Amazon and Walmart.

The energy drink company argued that the defendants are “clearly aware” of Monster and its marks and that the companies have “attempted to capitalise” on Monster’s reputation.

Monster asked for a preliminary and permanent injunction against the defendants, profits, damages, pre- and post- judgment interest, triple damages, exemplary damages, restitution and disgorgement, a trial by jury and further relief that the court deems just.

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