Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1068628
`07/16/2020
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`ESTTA Tracking number:
`
`Filing date:
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91223020
`
`Plaintiff
`Monster Energy Company
`
`JESSICA C SGANGA
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN ST, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: efiling@knobbe.com
`Secondary Email(s): francie.leonguerrero@knobbe.com,
`doreen.buluran@knobbe.com, MEC.TTAB@knobbe.com
`949-760-0404
`
`Motion to Suspend for Civil Action
`
`Jason A. Champion
`
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`
`/Jason A. Champion/
`
`07/16/2020
`
`2020-07-16 Opposer_s Motion to Suspend for Civil Action - HANBEV.3496
`M.pdf(122618 bytes )
`Exhibit A - Part 1.pdf(2808173 bytes )
`Exhibit A - Part 2.pdf(4216527 bytes )
`Exhibit A - Part 3.pdf(3930404 bytes )
`Exhibit B.pdf(701523 bytes )
`Exhibit C.pdf(717474 bytes )
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`

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`HANBEV.3496M
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`TRADEMARK
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`MONSTER ENERGY COMPANY,
`
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`Opposition No.: 91223020
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`Serial No.: 86/418227
`Mark: ENERGY MONSTER
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`Serial No.: 86/418349
`Mark:
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`) ) ) ) ) ) ) ) ) ) )
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`Opposer,
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`v.
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`
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`THE ENERGY MONSTER, INC.,
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`
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`Applicant.
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`
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`OPPOSER MONSTER ENERGY COMPANY’S
`MOTION TO SUSPEND FOR CIVIL ACTION
`
`Pursuant to 37 C.F.R. § 2.117(a) and T.B.M.P. § 510.02, Opposer Monster Energy
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`Company (“Opposer”) hereby requests that the Trademark Trial and Appeal Board (the “Board”)
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`suspend the above-captioned Opposition pending the determination of a federal lawsuit for
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`trademark infringement, trade dress infringement, false designation of origin, unfair competition,
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`and trademark dilution filed by Opposer against My Energy Monster, Inc. (“Energy Monster
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`Florida”) and Joshua Leet, who is the sole owner of Applicant and Energy Monster Florida.1 The
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`lawsuit involves the same marks at issue in this Opposition.
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`I. FACTUAL BACKGROUND
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`Opposer’s Notice of Opposition alleges, among other things, that Opposer will be damaged
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`by registration of Applicant’s ENERGY MONSTER and
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`marks in that the
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`1 Opposer sought Applicant’s consent for this Motion, but Applicant indicated that it would
`oppose the Motion.
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`- 1 -
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`

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`marks so resemble Opposer’s trade dress (“MONSTER ENERGY Trade Dress”) and MONSTER
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`ENERGY-inclusive trademarks (“MONSTER ENERGY Marks”) as to be likely, when used in
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`connection with Applicant’s services, to cause confusion, to cause mistake, or to deceive within
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`the meaning of Section 2(d) of the Trademark Act.
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`On June 3, 2020, Opposer filed a lawsuit against Energy Monster Florida and Mr. Leet in
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`the U.S. District Court for the Middle District of Florida – Monster Energy Company v. My Energy
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`Monster, Inc. and Joshua Leet, Civil Action No. 8:20-cv-01269-MSS-SPF (M.D. Fla.) (“the
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`Lawsuit”). Attached hereto as Exhibit A is a true and correct copy of the Complaint filed by
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`Opposer. The Lawsuit alleges that the defendants’ use of Applicant’s ENERGY MONSTER and
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`marks, which are the subject of the opposed applications, infringe the
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`MONSTER ENERGY Marks and MONSTER ENERGY trade dress identified in Opposer’s
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`Notice of Opposition. The Lawsuit seeks injunctive relief preventing Energy Monster Florida and
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`its owner, Mr. Leet, from “filing any applications or continuing to pursue any applications for
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`registration of any trademarks, trade dress, or designs confusingly similar to Monster Energy’s
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`MONSTER ENERGY® Marks or MONSTER ENERGY® Trade Dress, including but not limited
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`to, U.S. Application Serial Nos. 86/418,349 and 86/418,227.” Ex. A at 43.
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`II. THIS OPPOSITION SHOULD BE SUSPENDED PENDING A FINAL DECISION IN
`THE LAWSUIT WHICH INVOLVES ONE OF THE SAME PARTIES AND SIMILAR
`ISSUES OF FACT AND LAW
`
`
`
`It is proper for the Board to suspend an opposition proceeding where, as here, there is a co-
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`pending civil action involving one or more of the same parties that may have a bearing on an issue
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`in the opposition proceeding. See 37 C.F.R. § 2.117(a) (“Whenever it shall come to the attention
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`of the Trademark Trial and Appeal Board that a party or parties to a pending case are engaged in
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`a civil action . . . which may have a bearing on the case, proceedings before the Board may be
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`- 2 -
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`suspended until termination of the civil action . . . .”); see also Gen. Motors Corp. v. Cadillac Club
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`Fashions Inc., 22 U.S.P.Q.2d 1933 (T.T.A.B. 1992) (granting a motion to suspend where a co-
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`pending civil action would be dispositive of the issues in the TTAB proceeding, namely where the
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`civil action asked the court to cancel the registrations.). “The only question for determination [by
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`the Board], therefore, is whether the outcomes of the civil action will have a bearing on the issues
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`involved in the opposition proceeding.” The Other Tel. Co. v. Conn. Nat’l Tel. Co., 181 U.S.P.Q.
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`125, 127 (T.T.A.B. 1974); see also T.B.M.P. § 510.02(a) (“A civil action may involve other
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`matters outside Board jurisdiction and may consider broader issues beyond right to registration
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`and, therefore, judicial economy is usually served by suspension.”). A copy of the complaint from
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`the civil action is usually sufficient for the Board to make that determination. Id. (Based on
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`allegations in the complaint, “[i]t is clear . . . that the final determination of the civil suit will
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`directly affect the resolution of the issue of likelihood of confusion which is involved in the
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`proceeding before the Trademark Trial and Appeal Board.”).
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`Opposer respectfully asserts that the Board should suspend the Opposition proceeding until
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`the Lawsuit is resolved because the Lawsuit not only has a bearing on, but should resolve, the legal
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`and factual issues in this Opposition proceeding. Opposer is a party to the Lawsuit. See Ex. A.
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`Applicant’s individual owner and its related Florida entity, Energy Monster Florida, are also
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`parties to the Lawsuit. See Exs. A, B, C. As mentioned above, Energy Monster Florida uses
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`Applicant’s marks in its marketing and advertising. Opposer alleges in the Lawsuit, among other
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`things, that Energy Monster Florida’s use of the applied-for ENERGY MONSTER and
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`marks in connection with Applicant’s services, including many of the
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`services identified in the opposed applications, infringes many of Opposer’s MONSTER
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`ENERGY Marks as well as the MONSTER ENERGY Trade Dress. Ex. A at 4-7. Opposer seeks
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`- 3 -
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`

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`injunctive relief that would prevent Energy Monster Florida and its owner, Mr. Leet, from pursuing
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`registration of U.S. Application Serial Nos. 86/418,349 and 86/418,227, at issue here. Id. at 43.
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`Thus, resolution of the Lawsuit may dispose entirely of the issues in this Opposition. Even if such
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`injunctive relief was denied, the Lawsuit will require a determination of some of the same issues
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`bearing on the likelihood of confusion claim at issue in this Opposition proceeding.
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`“Unless there are unusual circumstances, the Board will suspend proceedings in the case
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`before it if the final determination of the other proceeding may have a bearing on the issues before
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`the Board.” T.B.M.P. § 510.02(a); see also Gen. Motors Corp. 22 U.S.P.Q.2d at 1936-37. In view
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`of the related nature of the legal and factual issues present in the Lawsuit and this proceeding,
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`resolution of the Lawsuit will have a bearing on, and may resolve, the issues in this proceeding.
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`See generally T.B.M.P. § 510.02(a) (“[T]o the extent that a civil action in a Federal district court
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`involves issues in common with those in a proceeding before the Board, the decision of the Federal
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`district court is typically binding upon the Board . . . .”); see also Daimler Chrysler Corp. v.
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`Maydak, 86 U.S.P.Q.2d 1945, 1950 (T.T.A.B. 2008).
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`Accordingly, in the interests of avoiding the burden associated with maintaining two
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`parallel proceedings involving issues that have a bearing on one another, Opposer respectfully
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`requests suspension of the Opposition until resolution of the Lawsuit. Proceeding with this
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`Opposition during the pendency of the Lawsuit will waste the resources of the parties and the
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`Board. Therefore, it is in the best interest of the parties and the Board to suspend this Opposition
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`pending the outcome of the Lawsuit.
`
`///
`
`///
`
`///
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`///
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`- 4 -
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`

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`III. CONCLUSION
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`For the reasons set forth above, Opposer respectfully requests that the Board suspend this
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`proceeding pending the outcome of the Lawsuit.
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`Dated: July 16, 2020
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By: /Jason A. Champion/
`Steven J. Nataupsky
`Matthew S. Bellinger
`Jason A. Champion
`Hans L. Mayer
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`(949) 760-0404
`efiling@knobbe.com
`Attorneys for Opposer,
`MONSTER ENERGY COMPANY
`
`- 5 -
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`

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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing OPPOSER MONSTER
`
`ENERGY COMPANY’S MOTION TO SUSPEND FOR CIVIL ACTION has been served on
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`Applicant’s attorney of record on July 16, 2020 via electronic mail to:
`
`C. Alexander Chiulli
`BARTON GILMAN
`achiulli@bglaw.com
`uspto@bglaw.com
`
`
`
`Signature:
`Signature:
`
`Name: Anokhi Destiche
`
`Date: July 16, 2020
`
`33148744
`
`- 6 -
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`

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`TTAB Opposition No. 91223020
`Monster Energy Company v. The Energy Monster, Inc.
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`EXHIBIT A
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`
`
`
`Opposer’s Motion to Suspend for Civil Action
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`

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` UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`
`Plaintiff,
`
`MONSTER ENERGY COMPANY, a
`Delaware corporation,
`
`
`
`v.
`
`MY ENERGY MONSTER, INC., a
`Florida corporation; and JOSHUA LEET,
`an individual,
`
`
`
`
`Defendants.
`
`
`
`CASE NO.
`
`COMPLAINT FOR TRADEMARK
`INFRINGEMENT AND DEMAND
`FOR JURY TRIAL
`
`INJUNCTIVE RELIEF SOUGHT
`
`
`
`Plaintiff Monster Energy Company (“Plaintiff” or “Monster Energy”) hereby files
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`this Complaint against Defendants, My Energy Monster, Inc., a Florida corporation
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`(“Energy Monster”) and Joshua Leet (“Leet”), an individual (collectively referred to as
`
`“Defendants”), and alleges as follows:
`
`I. JURISDICTION AND VENUE
`
`1.
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`This is an action for (1) trademark infringement, trade dress infringement,
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`and false designation of origin under 15 U.S.C. § 1125(a), (2) trademark infringement
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`under 15 U.S.C. § 1114, (3) trademark dilution under 15 U.S.C. § 1125(c), (4) unfair
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`competition arising under Florida Statutes § 501.201 et seq., Fla. Stat. (2010), and (5)
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`Florida common-law unfair competition.
`
`2.
`
`The Court has original subject matter jurisdiction over the claims that relate
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`to trademark infringement, trade dress infringement, and false designation of origin
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`pursuant to 15 U.S.C. §§ 1116 and 1121(a) and also pursuant to 28 U.S.C. §§ 1331 and
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`

`

`1338, as these claims arise under the laws of the United States. The Court has supplemental
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`jurisdiction over the claims in this Complaint which arise under state statutory and common
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`law pursuant to 28 U.S.C. §§ 1338(b) and 1367(a), because the state law claims are so
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`related to the federal claims that they form part of the same case or controversy and derive
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`from a common nucleus of operative facts.
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`3.
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`This Court has personal jurisdiction over Defendants because they have a
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`continuous, systematic, and substantial presence within this Judicial District and within
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`Florida. Energy Monster has a principal place of business in this Judicial District and Mr.
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`Leet resides in this Judicial District. Defendants also market and render goods and services
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`in connection with their infringing marks and trade dress to consumers in Florida, including
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`within this Judicial District. In addition, by committing acts of trademark infringement,
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`false designation of origin, and unfair competition in this Judicial District, including, but
`
`not limited to, by using infringing marks and trade dress in connection with the
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`advertisement, marketing, promotion, and/or rendering of goods and services to customers
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`in this Judicial District, Defendants’ acts form a substantial part of the events or omissions
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`giving rise to Monster Energy’s claims.
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`4.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) and
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`(c) because, inter alia, Defendants reside in this Judicial District and a substantial portion
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`of the events complained of herein took place in this Judicial District.
`
`II. THE PARTIES
`
`5.
`
`Monster Energy is a corporation organized and existing under the laws of
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`the State of Delaware, having a principal place of business at 1 Monster Way, Corona,
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`-2-
`
`

`

`California 92879.
`
`6.
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`Energy Monster is a corporation organized and existing under the laws of
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`the State of Florida, having a principal place of business at 12087 62 Street North, Suite 2,
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`Largo, Florida 33773.
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`7.
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`Leet is an individual having an address of 426 Magnolia Ave, Anna Maria,
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`Florida 34216. Leet is the President and Founder of Energy Monster, and, upon
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`information and belief, is the controlling force of Energy Monster.
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`III. COMMON ALLEGATIONS FOR ALL CLAIMS OF RELIEF
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`A. Monster Energy’s Trademarks and Trade Dress
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`8.
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`Monster Energy is a nationwide leader in the business of developing,
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`marketing, selling, and distributing beverages.
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`9.
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`In 2002, long before Defendants’ acts described herein, Monster Energy
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`launched its MONSTER ENERGY® drink brand, bearing its now famous MONSTER
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`ENERGY® mark.
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`10. Monster Energy’s successful line of MONSTER ENERGY® drinks has
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`grown to include numerous other well-known products, the containers and packaging of
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`which are prominently marked with Monster Energy’s famous MONSTER ENERGY®
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`mark. The MONSTER ENERGY® line of drinks includes or has included, but is not
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`limited to original Monster Energy®; Lo-Carb Monster Energy®; Monster Energy® Zero
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`Sugar; Monster Energy® Import; and the Monster Energy Ultra® line of beverages, among
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`others (referred to collectively as “MONSTER ENERGY® line of drinks”).
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`
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`-3-
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`

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`11.
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`Representative images showing some of the products in Monster Energy’s
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`MONSTER ENERGY® line of drinks are shown below:
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`
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`12. Monster Energy is also the owner of numerous trademark registrations for
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`marks that incorporate its famous MONSTER ENERGY® mark, for use in connection with
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`beverages, nutritional supplements, clothing, sporting goods, the promotion of goods and
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`services in the sports, motorsports, electronic sports, and music industries, and other
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`products and services, including the following U.S. Trademark Registrations:
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`DATE
`FILED
`03/12/2014
`
`REG.
`DATE
`04/14/2015
`
`MARK
`
`REG. NO. GOODS/SERVICES
`
`MONSTER
`ENERGY
`
`4,721,433
`
`Promoting goods and services
`in the sports, motorsports,
`electronic sports, and music
`industries through the
`distribution of printed, audio
`and visual promotional
`materials; promoting sports and
`music events and competitions
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`-4-
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`

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`MARK
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`REG. NO. GOODS/SERVICES
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`MONSTER
`ENERGY
`
`
`
`MONSTER
`ENERGY
`
`3,044,315
`
`3,057,061
`
`for others
`Nutritional supplements in
`liquid form, but excluding
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Fruit juice drinks having a juice
`content of 50% or less by
`volume that are shelf stable,
`carbonated soft drinks,
`carbonated drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids and/or
`herbs, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not
`3,908,601 Clothing, namely, t-shirts,
`hooded shirts and hooded
`sweatshirts, sweat shirts,
`jackets, pants, bandanas, sweat
`bands and gloves; headgear,
`namely, hats and beanies
`Sports helmets
`
`DATE
`FILED
`
`REG.
`DATE
`
`05/23/2003
`
`01/17/2006
`
`04/18/2002
`
`02/7/2006
`
`04/02/2009
`
`01/18/2011
`
`
`04/02/2009
`
`02/01/2011
`
`04/02/2009
`
`02/22/2011
`
`m
`E' NP!.: R (; 'I' m
`...,~~;;~ ... m
`M~~1:~I\ m
`
`M~:JTt:.R.
`
`
`
`
`
`
`
`M~~1:~I\
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`3,914,828
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`3,923,683 All purpose sport bags; all-
`purpose carrying bags;
`backpacks; duffle bags
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`3,908,600
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`Stickers; sticker kits
`comprising stickers and decals;
`decals
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`04/02/2009
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`01/18/2011
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`-5-
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`

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`DATE
`FILED
`10/05/2012
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`REG.
`DATE
`05/07/2013
`
`08/26/2013
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`12/23/2014
`
`
`
`05/23/2003
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`01/17/2006
`
`05/07/2003
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`08/29/2006
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`09/11/2007
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`10/11/2011
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`09/11/2007
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`10/11/2011
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`MARK
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`REG. NO. GOODS/SERVICES
`
`m M:".':':'!:~"
`
`
`
`m M:".':':'!:~"
`
`
`
`M MONSTER
`ENERGY
`
`M MONSTER
`ENERGY
`
`MONSTER
`ENERGY
`
`MONSTER
`ENERGY
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`4,332,062
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`Silicone wrist bands; silicone
`bracelets; jewelry, namely,
`bracelets and wristbands
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`3,134,842
`
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`4,660,598 Lanyards; lanyards for holding
`whistles, keys, eyeglasses,
`sunglasses, mobile telephones,
`badges, identification cards,
`event passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences
`3,044,314 Nutritional supplements in
`liquid form, but excluding
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Beverages, namely, carbonated
`soft drinks, carbonated drinks
`enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs, carbonated
`energy or sports drinks, fruit
`juice drinks having a juice
`content of 50% or less by
`volume that are shelf stable,
`but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not
`4,036,680 Nutritional supplements in
`liquid form
`
`4,036,681 Non-alcoholic beverages,
`namely, energy drinks,
`excluding perishable beverage
`products that contain fruit juice
`or soy
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`-6-
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`

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`MARK
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`REG. NO. GOODS/SERVICES
`
`DATE
`FILED
`05/07/2003
`
`REG.
`DATE
`08/29/2006
`
`02/02/2015
`
`12/08/2015
`
`02/13/09
`
`09/28/10
`
`3,134,841 Beverages, namely, carbonated
`soft drinks, carbonated soft
`drinks enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs, carbonated
`energy and sports drinks, fruit
`juice drinks having a juice
`content of 50% or less by
`volume that are shelf stable,
`but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not
`4,865,702 Nutritional supplements in
`liquid form
`
`Non-alcoholic beverages,
`namely, carbonated soft drinks;
`carbonated drinks enhanced
`with vitamins, minerals,
`nutrients, proteins, amino acids
`and/or herbs; carbonated
`energy drinks and sports drinks
`3,852,118 Nutritional supplements
`
`Non-alcoholic beverages,
`namely, energy drinks, drinks
`enhanced with vitamins,
`minerals, nutrients, amino acids
`and/or herbs
`
`m
`
`
`
`
`
`LO-CARB
`MONSTER
`ENERGY
`
`
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`13.
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`Attached hereto as Exhibits 1-16 are true and correct copies of Monster
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`Energy’s trademark registrations identified in Paragraph 12 of this Complaint, which are
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`hereby incorporated by reference. Collectively, those registrations and trademarks,
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`including all common law rights therein, are referred to as the “MONSTER ENERGY®
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`Marks.”
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`-7-
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`14.
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`Pursuant to 15 U.S.C. § 1065, U.S. Trademark Registration Nos. 3,044,315;
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`3,057,061; 3,908,601; 3,914,828; 3,908,600; 4,332,062; 3,044,314; 3,134,842; 4,036,680;
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`4,036,681; 3,134,841; and 3,852,118 are incontestable.
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`15.
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`In addition, since 2002, Monster Energy has consistently used a distinctive
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`trade dress in the way it presents its products in both its packaging and promotional
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`materials, using the word “Monster” in combination with the colors green and black, with
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`and without the word “Energy” (the “MONSTER ENERGY® Trade Dress”). One example
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`of Monster Energy’s use of the MONSTER ENERGY® Trade Dress is shown below:
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`16.
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`Long before Defendants’ acts described herein, Monster Energy used or
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`licensed the use of its MONSTER ENERGY® Marks and/or MONSTER ENERGY® Trade
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`Dress in connection with a variety of goods and services, including in connection with
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`motorized vehicles and motorsports, automotive wheels, graphic kits for motorized
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`vehicles, tool boxes, gloves, helmets, stickers, sporting equipment, bags, backpacks, and
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`-8-
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`other related accessories. True and correct examples of authorized products and vehicles
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`bearing Monster Energy’s MONSTER ENERGY® Marks are shown below:
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`-10-
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`17. Monster Energy’s use of its MONSTER ENERGY® Marks and/or
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`MONSTER ENERGY® Trade Dress also extends to clothing and accessories, including,
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`for example, t-shirts, hooded shirts, hooded sweatshirts, sweatshirts, jackets, pants,
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`bandanas, sweat bands, headgear, stickers, beverageware, bottle openers, beverage coolers,
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`and decals. True and correct examples of authorized apparel and accessories bearing
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`Monster Energy’s MONSTER ENERGY® Marks and/or MONSTER ENERGY® Trade
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`Dress are shown below:
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`-11-
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`-12-
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`-13-
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`18. Monster Energy’s MONSTER ENERGY® Marks and MONSTER
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`ENERGY® Trade Dress are the subject of substantial and continuous marketing and
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`promotion by Monster Energy. Since 2002, Monster Energy has spent more than $6.2
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`billion dollars advertising, promoting, and marketing its MONSTER ENERGY® brand and
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`MONSTER ENERGY® Trade Dress. Between 2002 and 2011, prior to Defendants’ acts
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`alleged herein, Monster Energy spent approximately $800 million dollars advertising,
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`promoting, and marketing its MONSTER ENERGY® brand and MONSTER ENERGY®
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`Trade Dress. In 2010 alone, Monster Energy spent approximately $200 million dollars
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`advertising, promoting, and marketing its MONSTER ENERGY® brand and MONSTER
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`ENERGY® Trade Dress.
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`19. Monster Energy has and continues to widely market and promote its
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`MONSTER ENERGY® Marks and MONSTER ENERGY® Trade Dress by displaying the
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`marks and trade dress on billions of cans of its MONSTER ENERGY® drinks sold in the
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`United States. Monster Energy’s promotional efforts include — by way of example but
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`not limitation — sponsorship of athletes, athletic teams, athletic competitions, concerts and
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`live events, widespread distribution of promotional and point of sale materials, product
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`samplings, apparel and merchandise bearing the MONSTER ENERGY® Marks and
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`MONSTER ENERGY® Trade Dress, promotion in magazines and other industry
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`publications, promotion on the MONSTER ENERGY® website and other websites,
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`promotion through social media, and attendance at trade shows.
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`20.
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`Shown below are true and accurate representative pictures illustrating just
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`a few examples of Monster Energy’s MONSTER ENERGY® point of sale materials
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`bearing its famous MONSTER ENERGY® mark and/or MONSTER ENERGY® Trade
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`Dress:
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`806092 MON
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`21. Monster Energy has also engaged in promotional activities with the tool
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`industry since at least 2006. For example, between September 2006 and January 2007,
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`Monster Energy engaged in a marketing campaign with Makita Tools. Under this program,
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`known as the Monster Makita Ultimate Truck Sweepstakes, the grand-prize winner
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`received a GMC truck filled with MONSTER ENERGY® drinks and Makita tools.
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`Seventy-five (75) first-prize winners also received a Makita LXT600 six-piece combo tool
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`kit valued at $699. An advertisement for this sweepstakes is shown below:
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`In addition, Monster Energy has authorized the use of its MONSTER
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`22.
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`ENERGY® Marks and MONSTER ENERGY® Trade Dress in connection with licensed
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`toolboxes. For example, in 2012, Monster Energy authorized the use of the MONSTER
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`ENERGY® Marks on a limited-edition series of Snap-on toolboxes in connection with
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`Monster Energy’s sponsorship of professional rally driver Ken Block.
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`23. Monster Energy also markets and promotes its beverage products in stores
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`that are not traditional beverage channels, such as Lowe’s, Auto Zone, and Home Depot.
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`For example, Monster Energy conducts sampling events and other activities featuring the
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`MONSTER ENERGY® Marks and MONSTER ENERGY® Trade Dress in hardware and
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`department stores such as Lowe’s, Home Depot, Sears, and Walmart.
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`24. Monster Energy also markets its products by sponsoring teams and athletes
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`who compete at motorsports events. During these events, the athletes and teams use tools
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`and equipment to maintain Monster Energy-sponsored vehicles such as race cars, trucks,
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`and motorcycles. These vehicles, and the uniforms of the athletes and team members,
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`prominently display Monster Energy’s famous MONSTER ENERGY® mark and
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`MONSTER ENERGY® Trade Dress. As a result, when motorsports events are broadcast
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`on television or the internet, viewers observe the MONSTER ENERGY® mark and
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`MONSTER ENERGY® Trade Dress in close proximity with tools and equipment. An
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`example of one of Monster Energy’s sponsored vehicles competing in a motorsports event
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`is shown below:
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`25. Monster Energy sponsors or has sponsored a wide variety of motorsport
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`athletes, teams, and/or activities, including, but not limited to, NASCAR, Formula 1,
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`MotoGP, Moto2, Supercross, Motocross, MXGP, MX2, drag racing, drifting, flat track, off
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`road, rally, rallycross, snowmobile, speedway, stunt, superbike, and freestyle motocross.
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`26.
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`On January 1, 2017, Monster Energy became the title sponsor of
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`NASCAR’s premier series (formerly called the NASCAR Sprint Cup Series), which was
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`called the Monster Energy® NASCAR Cup Series. As a result of the sponsorship, Monster
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`Energy became the official energy drink of NASCAR. NASCAR is the second most
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`watched sport in the United States, with more than five million fans watching each race.
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`27. Monster Energy also sponsors or has sponsored athletes and teams who
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`compete in other four-wheel racing events, including, but not limited to, Formula One,
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`SCORE Off-Road Racing events, the King of the Hammers desert racing event, and the
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`Off-Road Championship event (TORC). Monster Energy sponsors or has sponsored the
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`following teams that compete in four-wheel racing events: the Mercedes AMG
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`PETRONAS F1 Racing Team (formerly named the Mercedes GP Petronas Formula One
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`Team) that competes in the FIA Formula One World Championship Series with 6-time
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`Formula One World Champion, Lewis Hamilton, the Holden Racing Team, and the
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`MONSTER ENERGY® X-Raid racing team. In addition, the Monster Energy-sponsored
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`Mercedes AMG PETRONAS F1 Racing Team previously included seven-time World
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`Champion Michael Schumacher before Schumacher’s retirement in 2012.
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`28. Monster Energy also has a global partnership with Lewis Hamilton, which
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`is separate and in addition to Monster Energy’s sponsorship of the Mercedes AMG
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`PETRONAS F1 Racing Team. Lewis Hamilton is the current Formula One World
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`Champion. As part of this global partnership, Monster Energy and Lewis Hamilton have
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`released a signature drink together.
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`29. Monster Energy also has and continues to widely market and promote its
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`MONSTER ENERGY® Marks and MONSTER ENERGY® Trade Dress in connection
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`with motorcycle racing events. For example, Monster Energy sponsors or has sponsored
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`the following motorcycle racing events: MotoGP motorcycle racing events, the Outdoor
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`National Motocross Series, the X Games, the MONSTER ENERGY® AMA Supercross
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`Series, the MONSTER ENERGY® Speedway World Championship, Arenacross events,
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`MX1 and MX2 FIM Motocross World Championships, the Motocross of Nations, the MX3
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`FIM Motocross World Championship, and the FIM MX Junior World Championship,
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`among others. Monster Energy also sponsors teams that compete in motorcycle racing
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`events including, for example, the ProCircuit Kawasaki Motocross/Supercross Team, the
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`MONSTER ENERGY® Kawasaki Factory Team, the Yamaha Factory MotoGP Team with
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`its renowned racers Valentino Rossi and Jorge Lorenzo, the MONSTER ENERGY®
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`Yamaha Tech 3 MotoGP Team, the Yamaha MX1 Team, the Yamaha MX2 Team, and
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`Team Babbitt’s/Monster Energy/AMSOIL/Kawasaki Arenacross team.
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`30. Many of Monster Energy’s motorsports sponsorships involve athletes and
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`teams that are co-sponsored by tool companies such as Dewalt, Stanley, MAC Tools,
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`Mechanix Wear, Makita, and GearWrench. Representative images showing Monster
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`Energy and tool companies co-sponsoring motorsport athletes and/or teams are shown
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`below:
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`31.
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`In addition to its motorsports sponsorships, Monster Energy also sponsors
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`athletes or athletic teams who compete in a wide-variety of other sports, including, but not
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`limited to, athletes competing in the Ultimate Fighting Championship (“UFC”), the X
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`Games, Professional Bull Riding, the Kentucky Derby, the Professional Golfers
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`Association (“PGA”), the National Hockey League (“NHL”), and the National Football
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`League (“NFL”).
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`32.
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`For example, Monster Energy sponsored Victor Espinoza and American
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`Pharoah, who won the American Triple Crown and the Breeder’s Cup Classic in 2015.
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`Monster Energy also sponsors Rob Gronkowski, a professional football player who plays
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`for the NFL’s Tampa Bay Buccaneers. In 2011, while playing for the New England
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`Patriots, Gronkowski set NFL single-season records for touchdowns and receiving yards
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`by a tight end and became the first tight end in NFL history to lead the conference in
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`scoring. Additionally, Monster Energy sponsors UFC athletes who have held
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`championships, including Daniel Cormier, a light heavyweight champion in the UFC,
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`Paige VanZant, a former straw weight and Dancing With the Stars (U.S.) Season 22 runner-
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`up, Tyron Woodley, a welterweight champion, Conor McGregor, a former featherweight
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`champion in the UFC, and Ronda Rousey, a former UFC women’s bantamweight
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`champion.
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`33.
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`Since 2015, Monster Energy has sponsored the UFC as its official energy
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`drink partner (excluding in Brazil). The MONSTER ENERGY® Marks and/or the
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`MONSTER ENERGY® Trade Dress appear on the fighter gate vertical bumpers for all live
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`UFC events and on the Octagon Girls uniforms, excluding those which take place in Brazil.
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`34. Monster Energy also began sponsoring Tiger Woods in 2016. Tiger Woods
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`is one of the most successful and famous golfers in the world. In his storied career, Woods
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`has won fifteen major championships, including the prestigious Masters Tournament, the
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`U.S. Open, the British Open Championship, and the PGA Championship.
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`35.
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`Since 2014, Monster Energy’s MONSTER ENERGY® Marks and
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`MONSTER ENERGY® Trade Dress have been featured at the Anaheim Ducks (NHL)
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`home arena. Monster Energy has been designated as the exclusive “Official Energy Drink
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`of the Anaheim Ducks and the Honda Center.” Additionally, Monster Energy’s
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`MONSTER ENERGY® Marks have been featured on the boards (low walls that form the
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`boundaries of the hockey rink), on virtual glass behind one of the goals, and on the Zamboni
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`machine during Anaheim Ducks NHL games at the Honda Center as shown below:
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`36.
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`Since 2018, Monster Energy’s MONSTER ENERGY® Marks and
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`MONSTER ENERGY® Trade Dress, have also been featured at other NHL arenas and
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`games, such as the New Jersey Devils, the Boston Bruins, and the Montreal Canadiens.
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`Monster Energy is currently the Official Energy Drink of the Boston Bruins and TD Garden
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`Arena. Images showing Monster Energy’s MONSTER ENERGY® Marks and MONSTER
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`ENERGY® Trade Dress displayed at the New Jersey Devils’ and Boston Bruins’ arenas
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`are shown below:
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`37. Monster Energy’s MONSTER ENERGY® Marks and MONSTER
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`ENERGY® Trade Dress were also marketed and promoted while prominently displayed on
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`the Las Vegas monorail (the “Monster Train”). In 2003, Monster Energy engaged in a
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`massive advertising campaign in connection with its sponsorship of the Monster Train,
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`which prominently featured its famous MONSTER ENERGY® mark and MONSTER
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`ENERGY® Trade Dress. The Monster Train was featured in The Wall Street Journal,
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`Time, and USA Today in 2003, and these articles were read by an estimated 32 million
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`people in the U.S. In addition, television and internet reports that discussed the Las Vegas
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`Monster Train reached another 70 million readers, and television and r