Law Street Media

Monster Sues Fishing Gear Company Over Trademark and Trade Dress Infringement

A beverage processing plant.

Industrial machine conveyor with plastic bottles in beverage factory, industry equipment.

A complaint was filed in the Central District of California on Friday by plaintiff Monster Energy Company against defendants Justin Fricke and Ryan Lee, jointly doing business as Slimecat Rods. The complaint cites trademark infringement, trade dress infringement, false designation of origin, and unfair competition against the defendants.

The plaintiff asserts that they are a “nationwide leader in the business of developing, marketing, selling, and distributing beverages, including energy drinks.” They explain that they have invested substantial time and resources into promoting their brand through sponsorships and other promotions.

The complaint cites 16 separate trademark registrations that the plaintiff holds, maintaining that since the plaintiff engages in the widespread, exclusive, and continuous use of the trademarks, they own “valid and subsisting federal statutory and common law rights to the MONSTER Marks and MONSTER Trade Dress.”

The defendants are allegedly involved in the manufacturing, design, and marketing of fishing gear. The plaintiff contends that their products use trademarks and trade dress that are similar to that of Monster in a way that may confuse consumers. The stylization and color scheme of the defendant’s logo purportedly creates a “strikingly similar commercial impression” to Monster’s.

Since the defendants allegedly market their products to a similar audience as the plaintiffs, Monster states that they are likely causing “confusion, mistake, and deception among the relevant consuming public.” Monster believes that if the misconduct continues, they will experience damage and irreparable harm to their reputation

The complaint cites trademark infringement, trade dress infringement, false designation of origin and unfair competition under California Common Law and the California Business and Professional Code. Monster is seeking favorable judgment on each claim, an injunction preventing further misconduct, exemplary damages, pre- and post-judgment interest, and more.

The plaintiff is represented by Knobbe, Martens, Olson & Bear, LLP.

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