Often when one company objects to another company infringing on a trademark, a deal gets done, someone steps down, sometimes money even changes hands. But that doesn’t appear to be happening this time.
Papers have been drawn up from Monster Energy over Marvel’s registered trademark for their comic Monsters Unleashed.
Monster Energy is an energy drink introduced by Hansen Natural Company (now Monster Beverage Corporation) in April 2002. The regular flavour comes in a black can with a green, torn M shaped logo. The company is also known for supporting many extreme sports events such as UFC, BMX, Motocross, Speedway, skateboarding and snowboarding, as well as electronic sports. In collaboration with Outbreak Presents, Monster Energy promotes a number of music bands around the world, like Asking Alexandria, The Word Alive, Maximum the Hormone and Five Finger Death Punch. Monster currently sponsors the Monster Energy NASCAR Cup Series. There are 34 different drinks under the Monster brand in North America, including its core Monster Energy line, Java Monster, Extra Strength, Import, Rehab and Muscle Monster.
And the strapline for the drink is Unleash The Beast.
Hence the added concern regarding Marvel’s Monsters Unleashed.
Their paperwork says that Monster Energy claims they will be “damaged by registration of the Application in that Applicant’s MONSTERS UNLEASHED! mark” as it so resembles their own. They also say that “MONSTER Marks and UNLEASH Marks, or at the very least, some of the MONSTER Marks and UNLEASH Marks, were well established and famous long before Applicant’s filing date and alleged first use date for the MONSTERS UNLEASHED! mark.”
Marvel registration for the Monsters Unleashed trademark states that the first use was in 2017. It could be more interesting if Marvel changes that first use date to 1973…
Trial dates are set for 2018. Could this be a monster of a trial? Unleash the lawyers!
The only remaining question is whether Monster Energy’s representatives will manage to do the job before sales do…
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