Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA950797
`01/29/2019
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`Monster Energy Company
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`01/30/2019
`
`1 Monster Way
`Corona, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`Alexander D. Zeng
`KNOBBE MARTENS OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`UNITED STATES
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Applicant Information
`
`Application No
`
`85311291
`
`Publication date
`
`10/02/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`01/29/2019
`
`Opposition Peri-
`od Ends
`
`01/30/2019
`
`Funzio, Inc.
`Suite 425
`500 Howard St.
`San Francisco, CA 94105
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Downloadable computer game programs
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Entertainment services, namely, providing
`on-line computer games
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`All common law rights as asserted in the Notice
`of Opposition
`
`Marks Cited by Opposer as Basis for Opposition
`
`

`

`U.S. Registration
`No.
`
`5551192
`
`Registration Date
`
`08/28/2018
`
`Word Mark
`
`Design Mark
`
`MONSTER ARMY
`
`Application Date
`
`11/16/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2010/05/00 First Use In Commerce: 2010/05/00
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: 2005/05/00 First Use In Commerce: 2005/05/00
`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oringin the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. Registration
`No.
`
`5551230
`
`Registration Date
`
`08/28/2018
`
`Word Mark
`
`Design Mark
`
`M MONSTER ARMY
`
`Application Date
`
`02/12/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`The mark consists of a bird with outspread wings with a shield over its chest
`bearing a stylized letter "M" with the word "MONSTER ARMY" written between
`two five-pointed stars on a ribbon below the shield. The bottom of the bird and
`three five-pointed starts appear below the ribbon.
`
`Goods/Services
`
`Class 025. First use: First Use: 2010/05/00 First Use In Commerce: 2010/05/00
`
`

`

`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: 2005/05/00 First Use In Commerce: 2005/05/00
`Providing a web site featuring entertainment information and news on athletes;
`organizing and conducting educational programs and activities in the nature of
`classes, workshops, and sports competitions for athletes in the field of athlete
`development; athlete development program, namely, athlete training and ment-
`oringin the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. Registration
`No.
`
`4721433
`
`Registration Date
`
`04/14/2015
`
`Word Mark
`
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`03/12/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2003/01/04 First Use In Commerce: 2003/01/04
`Promoting goods and services in the sports, motorsports, electronic sports,
`andmusic industries through the distribution of printed, audio and visual promo-
`tional materials; promoting sports and music events and competitions for others
`
`U.S. Registration
`No.
`
`3908601
`
`Registration Date
`
`01/18/2011
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 025. First use: First Use: 2002/05/24 First Use In Commerce: 2002/06/30
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat
`shirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely,
`hats and beanies
`
`U.S. Registration
`No.
`
`3923683
`
`Registration Date
`
`02/22/2011
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`
`Class 018. First use: First Use: 2004/05/00 First Use In Commerce: 2004/05/00
`All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags
`
`U.S. Registration
`No.
`
`3914828
`
`Registration Date
`
`02/01/2011
`
`Word Mark
`
`Design Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`
`Class 009. First use: First Use: 2006/01/00 First Use In Commerce: 2006/01/00
`Sports helmets
`
`U.S. Registration
`No.
`
`3908600
`
`Registration Date
`
`01/18/2011
`
`Word Mark
`
`M MONSTER ENERGY
`
`Application Date
`
`04/02/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 016. First use: First Use: 2004/01/00 First Use In Commerce: 2004/01/00
`Stickers; sticker kits comprising stickers and decals; decals
`
`U.S. Registration
`No.
`
`4036681
`
`Registration Date
`
`10/11/2011
`
`Word Mark
`
`Design Mark
`
`MONSTER ENERGY
`
`Application Date
`
`09/11/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Non-alcoholic beverages, namely, energydrinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. Registration
`No.
`
`3057061
`
`Registration Date
`
`02/07/2006
`
`Word Mark
`
`MONSTER ENERGY
`
`Application Date
`
`04/18/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`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, miner-
`als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzer
`water, ] but excluding perishable beverage products that contain fruit juiceor soy,
`whether such products are pasteurized or not
`
`U.S. Registration
`No.
`
`3044315
`
`Registration Date
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`U.S. Registration
`No.
`
`4129288
`
`Registration Date
`
`04/17/2012
`
`Word Mark
`
`Design Mark
`
`MONSTER REHAB
`
`Application Date
`
`07/06/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02
`Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-
`ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-
`ergy or sports drinks, fruit juice drinks having a juice content of 50% or less by
`volume that are shelf-stable; all the foregoing goods exclude perishable bever-
`age products that contain fruit juice or soy,whether such products are pasteur-
`ized or not
`
`U.S. Registration
`No.
`
`3959457
`
`Application Date
`
`12/08/2005
`
`

`

`Registration Date
`
`05/10/2011
`
`Word Mark
`
`Design Mark
`
`JAVA MONSTER
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 032. First use: First Use: 2007/04/27 First Use In Commerce: 2007/04/27
`Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonated
`sports drinks; soft drinks and non-carbonated energy drinks, all 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 pas-
`teurized or not
`
`U.S. Registration
`No.
`
`3044314
`
`Registration Date
`
`01/17/2006
`
`Application Date
`
`05/23/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruitjuice or soy, whether such products arepas-
`teurized or not
`
`U.S. Registration
`No.
`
`4376796
`
`Registration Date
`
`07/30/2013
`
`Word Mark
`
`Design Mark
`
`MUSCLE MONSTER
`
`Application Date
`
`07/02/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`

`

`Mark
`
`Goods/Services
`
`Class 005. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Nutritional supplements in liquid form
`Class 032. First use: First Use: 2013/03/18 First Use In Commerce: 2013/03/18
`Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks; all the foregoing goods exclude perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. Registration
`No.
`
`3134842
`
`Registration Date
`
`08/29/2006
`
`Application Date
`
`05/07/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`M MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18
`Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with
`vitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and non-
`carbonated ] energy or sports drinks, fruit juice drinks having a juice content of
`50%or less by volume that are shelf stable, [ and water, ] but excluding perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. Registration
`No.
`
`3852118
`
`Registration Date
`
`09/28/2010
`
`Application Date
`
`02/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`LO-CARB MONSTER ENERGY
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 005. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Nutritional supplements
`Class 032. First use: First Use: 2003/08/00 First Use In Commerce: 2003/08/00
`Non-alcoholic beverages, namely, energydrinks, drinks enhanced with vitamins,
`minerals, nutrients, amino acids and/or herbs
`
`Attachments
`
`86822049#TMSN.png( bytes )
`
`

`

`86906378#TMSN.png( bytes )
`86219332#TMSN.png( bytes )
`77705822#TMSN.png( bytes )
`77705810#TMSN.png( bytes )
`77705362#TMSN.png( bytes )
`77705747#TMSN.png( bytes )
`77276989#TMSN.png( bytes )
`85078405#TMSN.png( bytes )
`78769836#TMSN.png( bytes )
`85077052#TMSN.png( bytes )
`77670729#TMSN.png( bytes )
`2019-01-29 - Notice of Opposition re Serial No. 85311291 - HAN-
`BEV.8936M.pdf(1700828 bytes )
`Ex 1 Reg No 5551192-HANBEV.8936M.pdf(899968 bytes )
`Ex 2 Reg No 5551230-HANBEV.8936M.pdf(926141 bytes )
`Ex 3 Reg No 4721433-HANBEV.8936M.pdf(868150 bytes )
`Ex 4 Reg No 3908601-HANBEV.8936M.pdf(1352212 bytes )
`Ex 5 Reg No 3923683-HANBEV.8936M.pdf(1326056 bytes )
`Ex 6 Reg No 3914828-HANBEV.8936M.pdf(1308144 bytes )
`Ex 7 Reg No 3908600-HANBEV.8936M.pdf(1324116 bytes )
`Ex 8 Reg No 4036681-HANBEV.8936M.pdf(877922 bytes )
`Ex 9 Reg No 3057061-HANBEV.8936M.pdf(864959 bytes )
`Ex 10 Reg No 3044315-HANBEV.8936M.pdf(860501 bytes )
`Ex 11 Reg No 4129288-HANBEV.8936M.pdf(886605 bytes )
`Ex 12 Reg No 3959457-HANBEV.8936M.pdf(1398876 bytes )
`Ex 13 Reg No 3044314-HANBEV.8936M.pdf(860523 bytes )
`Ex 14 Reg No 4376796-HANBEV.8936M.pdf(884735 bytes )
`Ex 15 Reg No 3134842-HANBEV.8936M.pdf(866131 bytes )
`Ex 16 Reg No 3852118-HANBEV.8936M.pdf(1359431 bytes )
`
`Signature
`
`/Alexander D. Zeng/
`
`Name
`
`Date
`
`Alexander D. Zeng
`
`01/29/2019
`
`

`

`HANBEV.8936M
`
`
`TRADEMARK
`
`NOTICE OF OPPOSITION
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Monster Energy Company, a Delaware corporation, located and doing business at
`
`1 Monster Way, Corona, California 92879, (“Opposer”) believes that it will be damaged by
`
`registration of U.S. Trademark Application Serial No. 85/311291 (“Application”) for the mark
`
`MONSTER CITY (“Applicant’s Mark”) filed by Funzio, Inc. d/b/a Funzio (“Applicant”) and
`
`therefore opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`1.
`
`By the Application filed on May 3, 2011, Applicant seeks to obtain registration on
`
`the Principal Register of Applicant’s Mark for “Downloadable computer game programs” in
`
`International Class 9 and “Entertainment services, namely, providing on-line computer games”
`
`in International Class 41 based on Applicant’s alleged intent-to-use the mark in interstate
`
`commerce.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No.: ___________
`
`
`
`Serial No.: 85/311291
`
`Mark: MONSTER CITY
`
`)))))))))))
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY
`
`
`
`
`
`FUNZIO, INC. D/B/A FUNZIO,
`
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`

`

`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has
`
`been, and still is, engaged in the development, marketing, and/or sale of energy drinks, clothing,
`
`stickers, bags, helmets, accessories, and numerous other products and services under the marks
`
`MONSTER ENERGY® and related marks, all containing “MONSTER.” Opposer’s family of
`
`MONSTER Marks includes, for example, MONSTER ENERGY®,
`
`®,
`
`®,
`
`MONSTER REHAB®, JAVA MONSTER®, M MONSTER ENERGY®, LO-CARB MONSTER
`
`ENERGY®, MONSTER ARMY®, and
`
`® (hereinafter collectively the “MONSTER
`
`Marks”).
`
`3.
`
`Since at least before the filing date of the Application, Opposer’s family of
`
`MONSTER Marks has been the subject of substantial and continuous marketing and promotion
`
`by Opposer in connection with its beverages, nutritional supplements, sports equipment, clothing
`
`and numerous other products and services, as shown below:
`
`4.
`
`Opposer has and continues to widely market and promote its family of
`
`MONSTER Marks in the industry and to consumers by, for example, displaying one or more of
`
`the MONSTER Marks extensively on billions of cans of beverages and nutritional supplements;
`
`
`
`
`
`- 2 -
`
`

`

`on apparel, merchandise, and on product samplings; on promotional and point of sale materials;
`
`in magazines and other
`
`industry publications; on
`
`the monsterenergy.com website,
`
`monsterarmy.com website and other Internet websites and social media sites; and at trade shows,
`
`concert tours and live events. Opposer has continuously promoted the MONSTER Marks
`
`through the sponsorship of sports events and athletes that are televised nationwide and
`
`internationally. Opposer has been engaged in promoting and marketing goods and services in
`
`the sports, motorsports, eSports (a/k/a “electronic sports”), and music industries.
`
`5.
`
`In addition, Opposer promotes the MONSTER Marks through the sponsorship of
`
`professional gamers in eSports. Opposer sponsors game teams such as Team EnVyUs, Team
`
`Liquid, Evil Geniuses, and professional gamers and game broadcast commentators such as
`
`iijeriichoii, lolRenaynay, TimTheTatman, and Summit1G. Images of some of these sponsored
`
`professional gamers are shown below:
`
`
`
`
`
`- 3 -
`
`

`

`6.
`
` Opposer also markets and promotes its famous MONSTER Marks on a
`
`website dedicated to video game enthusiasts, www.monsterenergygaming.com, as shown, for
`
`example, below:
`
`
`
`
`
`- 4 -
`
`
`
`

`

`7.
`
`Opposer has also sponsored eSports events. For instance in 2014, Opposer also
`
`partnered with DreamHack, one of the world’s largest eSports and gaming festivals. The
`
`DreamHack events have been held globally, including in Austin, Las Vegas, Atlanta, and
`
`Denver. An image of a DreamHack event is shown below:
`
`8.
`
`Additionally, Opposer has also used and continues to use its MONSTER Marks in
`
`connection with video games, as shown, for example, below:
`
`
`
`
`
`- 5 -
`
`
`
`

`

`
`
`9.
`
`In addition to sponsoring professional athletes, teams, and sporting events, since
`
`at least 2004, Opposer has maintained an amateur athlete development program under the mark
`
`MONSTER ARMY®. More than 376,000 amateur athletes in various sports have applied to be
`
`accepted as part of the MONSTER ARMY® through the MONSTER ARMY® web site
`
`<www.MonsterArmy.com>. Opposer supports members of the MONSTER ARMY® in many
`
`different ways, but such support often includes assistance with clothing, gear, training, and
`
`travel. Members of the MONSTER ARMY® wear clothing and other gear branded with the
`
`MONSTER Marks
`
`in order
`
`to promote
`
`the MONSTER Marks during competition.
`
`Representative images illustrating Opposer’s use of its MONSTER ARMY® mark are shown
`
`below:
`
`
`
`- 6 -
`
`

`

`
`
`
`
`10.
`
`Opposer also promotes the MONSTER Marks through the sponsorship of athletes,
`
`musicians, and live events, including, but not limited to, sports events, concerts, and music
`
`festivals. For example, Opposer sponsors or has sponsored the Warped Tour, the Winter X
`
`Games and Summer X Games, the MONSTER ENERGY® AMA Supercross Series, the
`
`Billabong XXL Awards, and various other events. Opposer’s sponsored live events are attended
`
`by thousands of fans and receive further exposure on the Internet, on television and in magazines
`
`and newspapers. Some examples of Opposer’s sponsorship of athletes, musicians, and live
`
`events are shown below:
`
`
`
`- 7 -
`
`
`
`

`

`
`
`
`
`11.
`
`By virtue of Opposer’s continuous and substantial use, the MONSTER Marks have
`
`become famous identifiers of Opposer such that consumers have come to recognize a family of
`
`MONSTER Marks with which Opposer markets and sells its goods and services. As a result,
`
`Opposer has built up, at great expense and effort, valuable goodwill in its family of MONSTER
`
`Marks and has also developed strong common law rights in Opposer’s MONSTER Marks, which
`
`have appeared on billions of cans of beverages and nutritional supplements and in extensive
`
`nationwide promotions. Opposer’s common law rights in its family of MONSTER Marks
`
`predate the filing date of the Application, and Opposer relies on these common law trademark
`
`rights in this Opposition. 1
`
`12.
`
`In addition to its common law rights, Opposer owns and relies on U.S. Trademark
`
`Registration No. 5,551,192 (the “’192 Registration”) for the mark MONSTER ARMY® for
`
`“Providing a web site featuring entertainment information and news on athletes; organizing and
`
`conducting educational programs and activities in the nature of classes, workshops, and sports
`
`
`1 Opposer has also obtained California Trademark Registration No. 108,124 for the mark MONSTER for
`“fruit juice drinks, soft drinks, carbonated soft drinks and soft drinks enhanced with vitamins, minerals, nutrients,
`amino acids and/or herbs, aerated water, soda water and seltzer water” in International Class 32, which registration
`issued April 24, 2002.
`
`
`
`- 8 -
`
`

`

`competitions for athletes in the field of athlete development; athlete development program, namely,
`
`athlete training and mentoring in the field of wake, ski, surf, snowboard, motocross, martial arts,
`
`auto racing, mountain bike, BMX, and skate” in International Class 41 and “Clothing, namely, tops,
`
`shirts, T-shirts, hooded shirts, sweat shirts, and jackets” in International Class 25, which registration
`
`issued August 28, 2018 and is based on an application filed in the United States Patent and
`
`Trademark Office (“PTO”) on November 16, 2015 with a date of first use in commerce of May
`
`2005 for its services in Class 41 and May 2010 for its goods in Class 25. The date of first use in
`
`commerce for the mark shown in the ’192 Registration is prior to the filing date of the Application.
`
`True and correct copies of the specifics of the ’192 Registration obtained from the PTO’s TESS and
`
`Assignment databases are attached hereto as Exhibit 1 and made of record.
`
`13.
`
`Opposer owns and relies on U.S. Trademark Registration No. 5,551,230 (the
`
`“’230 Registration”) for the mark
`
`® for “Providing a web site featuring
`
`entertainment information and news on athletes; organizing and conducting educational
`
`programs and activities in the nature of classes, workshops, and sports competitions for athletes
`
`in the field of athlete development; athlete development program, namely, athlete training and
`
`mentoring in the field of wake, ski, surf, snowboard, motocross, martial arts, auto racing,
`
`mountain bike, BMX, and skate” in International Class 41 and “Clothing, namely, tops, shirts, T-
`
`shirts, hooded shirts, sweat shirts, and jackets” in International Class 25, which registration
`
`issued August 28, 2018 and is based on an application filed in the PTO on February 12, 2016 with
`
`a date of first use in commerce of May 2005 for Class 41 and May 2010 for Class 25. The date of
`
`first use in commerce for the mark shown in the’230 Registration is prior to the filing date of the
`
`
`
`- 9 -
`
`

`

`Application. True and correct copies of the specifics of the ’230 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 2 and made of record.
`
`14.
`
`Opposer also owns and relies on U.S. Trademark Registration No. 4,721,433 (the
`
`“’433 Registration”) for the mark MONSTER ENERGY® for “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 for others” in International Class 35, which registration issued April 14, 2015 and is
`
`based on an application filed in the PTO on March 12, 2014 with a date of first use in commerce
`
`of January 4, 2003. The date of first use in commerce for the mark shown in the ’433
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’433 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 3 and made of record.
`
`15.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,908,601 (the “’601 Registration”) for the mark
`
`® for “clothing, namely, t-shirts,
`
`hooded shirts and hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and
`
`gloves; headgear, namely, hats and beanies” in International Class 25, which registration issued
`
`January 18, 2011 and is based on an application filed in the PTO on April 2, 2009. The filing
`
`date of the ’601 Registration is prior to the filing date of the Application. True and correct copies
`
`of the specifics of the ’601 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 4 and made of record.
`
`
`
`
`
`- 10 -
`
`

`

`16.
`
`Opposer owns and relies on U.S. Trademark Registration No. 3,923,683 (the
`
`“’683 Registration”) for the mark
`
`® for “all purpose sport bags; all-purpose carrying
`
`bags; backpacks; duffle bags” in International Class 18, which registration issued February 22,
`
`2011 and is based on an application filed in the PTO on April 2, 2009. The filing date of the
`
`’683 Registration is prior to the filing date of the Application. True and correct copies of the
`
`specifics of the ’683 Registration obtained from the PTO’s TESS and Assignment databases are
`
`attached hereto as Exhibit 5 and made of record.
`
`17.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,914,828 (the “’828 Registration”) for the mark
`
`® for “sports helmets” in International
`
`Class 9, which registration issued February 1, 2011 and is based on an application filed in the PTO
`
`on April 2, 2009. The filing date of the ’828 Registration is prior to the filing date of the
`
`Application. True and correct copies of the specifics of the ’828 Registration obtained from the
`
`PTO’s TESS and Assignment databases are attached hereto as Exhibit 6 and made of record.
`
`18.
`
`Opposer owns and relies on U.S. Trademark Registration No. 3,908,600 (the
`
`“’600 Registration”) for the mark
`
`® for “stickers; sticker kits comprising stickers and
`
`decals; decals” in International Class 16, which registration issued January 18, 2011 and is based
`
`on an application filed in the PTO on April 2, 2009. The filing date of the ’600 Registration is
`
`
`
`- 11 -
`
`

`

`prior to the filing date of the Application. True and correct copies of the specifics of the ’600
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 7 and made of record.
`
`19.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,036,681 (the “’681 Registration”) for the mark MONSTER ENERGY® for “non-alcoholic
`
`beverages, namely, energy drinks, excluding perishable beverage products that contain fruit juice
`
`or soy” in International Class 32, which registration issued October 11, 2011 and is based on an
`
`application filed in the PTO on September 11, 2007. The filing date of the ’681 Registration is
`
`prior to the filing date of the Application. True and correct copies of the specifics of the ’681
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 8 and made of record.
`
`20.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,057,061 (the “’061 Registration”) for the mark MONSTER ENERGY® for “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” in International Class 32, which registration issued February 7, 2006 and is
`
`based on an application filed in the PTO on April 18, 2002. The filing date of the ’061
`
`Registration is prior to the filing date of the Application. True and correct copies of the specifics
`
`of the ’061 Registration obtained from the PTO’s TESS and Assignment databases are attached
`
`hereto as Exhibit 9 and made of record.
`
`21.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,044,315 (the “’315 Registration”) for the mark MONSTER ENERGY® for “nutritional
`
`
`
`- 12 -
`
`

`

`supplements in liquid form, but excluding perishable beverage products that contain fruit juice or
`
`soy, whether such products are pasteurized or not” in International Class 5, which registration
`
`issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003. The
`
`filing date of the ’315 Registration is prior to the filing date of the Application. True and correct
`
`copies of the specifics of the ’315 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 10 and made of record.
`
`22.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`4,129,288 (the “’288 Registration”) for the mark MONSTER REHAB® for “nutritional
`
`supplements in liquid form” in International Class 5 and “beverages, namely, non-alcoholic non-
`
`carbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or
`
`herbs; non-carbonated energy or sports drinks, fruit juice drinks having a juice content of 50% or
`
`less by volume that are shelf-stable; all the foregoing goods exclude perishable beverage
`
`products that contain fruit juice or soy, whether such products are pasteurized or not” in
`
`International Class 32, which registration issued April 17, 2012 and is based on an application
`
`filed in the PTO on July 6, 2010. The filing date of the ’288 Registration is prior to the filing date
`
`of the Application. True and correct copies of the specifics of the ’288 Registration obtained
`
`from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 11 and made of
`
`record.
`
`23.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,959,457 (the “’457 Registration”) for the mark JAVA MONSTER® for “beverages, namely, soft
`
`drinks; non-carbonated energy drinks; non-carbonated sports drinks; soft drinks and non-carbonated
`
`energy drinks, all 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
`
`
`
`- 13 -
`
`

`

`pasteurized or not” in International Class 32, which registration issued May 10, 2011 and is based
`
`on an application filed in the PTO on December 8, 2005. The filing date of the ’457 Registration is
`
`prior to the filing date of the Application. True and correct copies of the specifics of the ’457
`
`Registration obtained from the PTO’s TESS and Assignment databases are attached hereto as
`
`Exhibit 12 and made of record.
`
`24.
`
`Opposer owns and relies on U.S. Trademark Registration No. 3,044,314 (the
`
`“’314 Registration”) for the mark M MONSTER ENERGY® for “nutritional supplements in
`
`liquid form, but excluding perishable beverage products that contain fruit juice or soy, whether
`
`such products are pasteurized or not” in International Class 5, which registration issued January
`
`17, 2006 and is based on an application filed in the PTO on May 23, 2003. The filing date of
`
`Opposer’s ’314 Registration is prior to the filing date of the Application. True and correct copies
`
`of the specifics of the ’314 Registration obtained from the PTO’s TESS and Assignment
`
`databases are attached hereto as Exhibit 13 and made of record.
`
`25.
`
`Opposer owns and relies on U.S. Trademark Registration No. 4,376,796 (the
`
`“’796 Registration”) for the mark MUSCLE MONSTER® for “nutritional supplements in liquid
`
`form” in International Class 5 and “beverages, namely, soft drinks; non-alcoholic and
`
`noncarbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or
`
`herbs; non-carbonated energy or sports drinks; all the foregoing goods exclude perishable beverage
`
`products that contain fruit juice or soy, whether such products are pasteurized or not” in
`
`International Class 32, which registration issued July 30, 2013 and is based on an application
`
`filed in the PTO on July 2, 2010. The filing date of Opposer’s ’796 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of the ’796 Registration
`
`
`
`
`
`- 14 -
`
`

`

`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 14 and
`
`made of record.
`
`26.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,134,842 (the “’842 Registration”) for the mark M MONSTER ENERGY® for “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” in
`
`International Class 32, which registration issued August 29, 2006 and is based on an application
`
`filed in the PTO on May 7, 2003. The filing date of Opposer’s ’842 Registration is prior to the
`
`filing date of the Application. True and correct copies of the specifics of the ’842 Registration
`
`obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 15 and
`
`made of record.
`
`27.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,852,118 (the “’118 Registration”) for the mark LO-CARB MONSTER ENERGY® for
`
`“nutritional supplements in liquid form” in International Class 5 and “non-alcoholic beverages,
`
`namely, energy drinks, drinks enhanced with vitamins, minerals, nutrients, amino acids and/or
`
`herbs”