Monster Energy Co. filed a complaint against Jiangsu Sitouguai Industry Co., and Changzhou Haige Microfiber Textile Co., both Chinese corporations, alleging the companies committed trademark infringement, trade dress infringement, false designation of origin, and unfair competition.
The plaintiff, Monster Energy Co., is a well0known energy drink company that launched its Monster Energy drink brand in 2002. The Monster line of energy drinks is numerous as well as the corresponding trademarks, the complaint said. Monster Energy Co. has also used its trademark on merchandise (i.e., clothing, bags, and sports equipment).
According to the complaint, the defendants do online business selling products featuring their brand, 4monster, which the plaintiff says bears a striking resemblance to the Monster trademark. The complaint alleges the two share the same color palette—green and black— as well as the word, “monster.” The defendants engage in e-commerce in America, hence rendering them subject to U.S. intellectual property laws, the plaintiff argues.
In 2017, the defendants filed for trademark of their 4monster brand and met opposition in 2019 by Monster Energy Co. The complaint alleges that the defendants have since been willingly infringing upon the Monster trademark, detracting from the plaintiff’s advertising efforts, and harming their profit influx.
The plaintiff seeks the following relief: the court render a final judgement that the defendants have infringed on the plaintiff’s trademark and trade dress, California common law, California Business and Professions code, a permanent injunction of the defendants from infringing on the Monster trademark, and an award of restitution and disgorgement of profits.
The plaintiffs are represented by Knobbe, Martens, Olson & Bear, LLP.