ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1338281
`02/05/2024
`
`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
`
`02/03/2024
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`CLAYTON R. HENSON
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket no.
`
`HANB.17710M
`
`Applicant information
`
`Application no.
`
`97661288
`
`Opposition filing
`date
`
`Applicant
`
`02/05/2024
`
`Monster Mike's LLC
`3207 PERMIAN DR
`HEATH, TX 75126
`UNITED STATES
`
`Publication date
`
`12/05/2023
`
`Opposition period
`ends
`
`02/03/2024
`
`Goods/services affected by opposition
`
`Class 028. First Use: Jun 1, 2022 First Use In Commerce: Aug 14, 2022
`All goods and services in the class are opposed, namely: fishing related equipment, namely fishing
`lures
`
`Class 035. First Use: Jun 1, 2022 First Use In Commerce: Aug 14, 2022
`All goods and services in the class are opposed, namely: online retail store services featuring fishing
`related equipment and apparel
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights as asserted in the Notice of
`Opposition
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3134841
`
`Register
`
`Principal
`
`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: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced
`with vitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and
`non-carbonated ] energy and sports drinks, fruit juice drinks having a juice con-
`tent of 50% or less by volume that are shelf stable, [ and aerated water, soda
`water and seltzer water, ] but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. registration
`no.
`
`3923683
`
`Register
`
`Principal
`
`Registration date
`
`02/22/2011
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M MONSTER ENERGY
`
`The mark consists of a stylized letter "M" and the stylized words "MONSTER
`ENERGY".
`
`Class 018. First use: First Use: May 2004 First Use In Commerce: May 2004
`All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags
`
`U.S. registration
`no.
`
`4660598
`
`Register
`
`Principal
`
`Registration date
`
`12/23/2014
`
`Application date
`
`08/26/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M MONSTER ENERGY
`
`The mark consists of a stylized letter "M" in the form of a claw to the left of the
`stylized words "MONSTER ENERGY". The word "MONSTER" appears above
`the word "ENERGY" and features a slash mark through the letter "O".
`
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; Lanyards for holding whistles, keys, eyeglasses, sunglasses, mobile
`telephones, badges, identification cards, event passes, media passes, photo-
`graphs, recording equipment, or similar conveniences
`
`U.S. registration
`no.
`
`5551230
`
`Application date
`
`02/12/2016
`
`

`

`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M MONSTER ARMY
`
`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.
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`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-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`6451182
`
`Register
`
`Principal
`
`Registration date
`
`08/17/2021
`
`Application date
`
`12/13/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER
`
`The mark consists of the stylized term "MONSTER" with a slash mark through
`the letter "O".
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and
`fruit juice drinks
`
`U.S. registration
`no.
`
`6760278
`
`Register
`
`Principal
`
`Registration date
`
`06/14/2022
`
`Application date
`
`08/26/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Energy drinks; Fruit drinks; Soft drinks; Sports drinks
`
`U.S. registration
`no.
`
`3044315
`
`Register
`
`Principal
`
`Application date
`
`05/23/2003
`
`Registration date
`
`01/17/2006
`
`Foreign priority
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`date
`
`MONSTER ENERGY
`
`NONE
`
`Class 005. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`nutritional supplements in liquid [and non-liquid ] form, but excluding perishable
`beverage products that contain fruit juice or soy, whether such products are pas-
`teurized or not
`
`U.S. registration
`no.
`
`5820689
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Application date
`
`01/15/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports; downloadable software for mobile devices for playing games; download-
`able electronic game software for use on mobile devices; downloadable game
`software; downloadable interactive game programs; downloadable video game
`software and programs
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; bottles, sold
`empty; drinking bottles for sports; water bottles sold empty; bottle openers
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`passes, media passes, photographs, recording equipment, or similar conveni-
`ences; tents
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, Tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants,
`bandanas, sweat bands, gloves; headwear; hats; beanies
`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; golf bags
`
`U.S. registration
`no.
`
`5551192
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Application date
`
`11/16/2015
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ARMY
`
`NONE
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`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-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`3908601
`
`Register
`
`Principal
`
`Registration date
`
`01/18/2011
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`M MONSTER ENERGY
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: Jun 30,
`2002
`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.
`
`4036681
`
`Register
`
`Principal
`
`Registration date
`
`10/11/2011
`
`Application date
`
`09/11/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Apr 18,
`2002
`Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`4721433
`
`Register
`
`Principal
`
`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: Jan 4, 2003 First Use In Commerce: Jan 4, 2003
`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
`
`U.S. registration
`no.
`
`4111964
`
`Register
`
`Principal
`
`Registration date
`
`03/13/2012
`
`Application date
`
`08/24/2011
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER REHAB
`
`NONE
`
`Class 030. First use: First Use: Feb 2011 First Use In Commerce: Feb 2011
`Ready to drink tea, iced tea and tea based beverages; ready to drink flavored
`tea, iced tea and tea based beverages
`
`U.S. registration
`no.
`
`4634053
`
`Register
`
`Principal
`
`Registration date
`
`11/04/2014
`
`Application date
`
`11/15/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ASSAULT
`
`NONE
`
`Class 005. First use: First Use: May 2008 First Use In Commerce: May 2008
`Nutritional supplements in liquid form; vitamin fortified beverages
`Class 032. First use: First Use: May 2008 First Use In Commerce: May 2008
`Non-alcoholic beverages, namely, energy drinks, [ energy drinks flavored with
`juice, ] sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,
`amino acids, and/or herbs, but excluding perishable beverage products that con-
`tain fruit juice or soy, whether such products are pasteurized or not
`
`U.S. registration
`no.
`
`5716915
`
`Register
`
`Principal
`
`Registration date
`
`04/02/2019
`
`Application date
`
`12/11/2017
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER MAXX
`
`NONE
`
`Class 032. First use: First Use: Feb 2018 First Use In Commerce: Feb 2018
`Non-alcoholic beverages, namely, soft drinks, energy drinks, and sports drinks
`
`U.S. registration
`
`6170021
`
`Application date
`
`09/14/2018
`
`

`

`no.
`
`Register
`
`Principal
`
`Registration date
`
`10/06/2020
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER MILLION
`
`NONE
`
`Class 035. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Promotion of motorsport events for others; promotional sponsorship of motors-
`port events; promoting goods and services in the motorsport events field through
`the distribution of printed, audio and visual promotional material
`Class 041. First use: First Use: Oct 15, 2011 First Use In Commerce: Oct 15,
`2011
`Entertainment services, namely, organizing motorsport events and conducting
`and arranging contests; entertainment services in the nature of organizing and
`conducting sporting events in the field of motorsports; entertainment services in
`the nature of organizing and conducting competitive sporting events; entertain-
`ment services in the nature of sports competitions; entertainment services in the
`nature of providing information in the field of sporting events and sports competi-
`tions
`
`U.S. registration
`no.
`
`6557648
`
`Register
`
`Principal
`
`Registration date
`
`11/16/2021
`
`Application date
`
`02/15/2018
`
`Foreign priority
`date
`
`08/16/2017
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`#MONSTERGAMING
`
`NONE
`
`Class 035. First use: First Use: Nov 2, 2009 First Use In Commerce: Nov 2,
`2009
`Services of advertising; providing consumer information about electronic video
`games; on-line advertising on a computer network
`Class 041. First use: First Use: Nov 2, 2009 First Use In Commerce: Nov 2,
`2009
`Providing a website featuring entertainment information, news, videos, opinions,
`commentary, and images in the field of athletes, sports, e-sports, video games
`and sporting events; providing entertainment information about electronic video
`games
`
`Attachments
`
`2024-02-05 Final Notice of Opposition - 97661288 - HANB.17710M.pdf(1807458
`bytes )
`NOP Exhibits 1-17 - HANB.17710M.pdf(3952764 bytes )
`
`Signature
`
`/Clayton R. Henson/
`
`Name
`
`Date
`
`Clayton R. Henson
`
`02/05/2024
`
`

`

`

`

`
`
`HANB.17710M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`Serial No.: 97/661288
`
`Mark:
`
`) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`MONSTER MIKE’S LLC.,
`
`
`
`
`
`Applicant.
`
`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 the
`
`registration of U.S. Trademark Application Serial No. 97/661288 (the “Application”) for the
`
`mark
`
` (“Applicant’s Mark”) filed by Monster Mike’s LLC (“Applicant”) and
`
`therefore opposes the same.
`
`As grounds for opposition, it is alleged:
`
`
`
`
`
`- 1 -
`
`

`

`
`
`1.
`
`By the Application filed on November 3, 2022, Applicant seeks to obtain
`
`registration on the Principal Register of the trademark
`
`for the goods as set forth below
`
`(collectively, “Applicant’s Goods and Services”):
`
`Class
`
`Goods
`
`Filed
`
`Alleged use of the
`mark in
`commerce
`
`28
`
`35
`
`fishing related equipment, namely fishing
`lures
`
`11/03/2022
`
`6/1/2022
`
`online retail store services featuring
`fishing related equipment and apparel
`
`11/03/2022
`
`6/1/2022
`
`2.
`
`Since at least 2002, long before the filing date of the Application and the alleged
`
`date of first use of Applicant’s Marks, Opposer has been, and still is, engaged in the
`
`development, licensing, marketing, distribution, and/or sale of beverages, clothing, and other
`
`goods under the marks MONSTER®, MONSTER ENERGY®, and related marks, all containing
`
`“MONSTER.” Opposer’s family of MONSTER marks includes, for example, the following:
`
`MONSTER®, MONSTER ENERGY®, MONSTER ARMY®, MONSTER REHAB®,
`
`MONSTER ASSAULT®, MONSTER MAXX®, #MONSTERGAMING®,
`
`®,
`
`®,
`
`®,
`
`®, and MONSTER SHOP (hereinafter
`
`collectively the “MONSTER Marks”).
`
`
`
`- 2 -
`
`

`

`
`
`3.
`
`Since long before the filing date of the Application and the alleged first use date of
`
`Applicant’s Mark, Opposer has used and continues to use its famous MONSTER Marks extensively
`
`in connection with beverages, beverageware, stickers, apparel, hats, bags, surf boards, components
`
`and accessories for motorized vehicles, replica cars, sports equipment, including equipment used in
`
`motorsports, online retail store services, and numerous other products and services. Examples of
`
`some of Opposer’s products bearing Opposer’s MONSTER Marks are shown below:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`

`beahla beeot cd
`
`
`
`
`
`
`
`- 4 -
`
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`4.
`
`There is high demand for the goods shown and described above bearing
`
`Opposer’s MONSTER Marks. For example, Opposer has entered into license agreements with
`
`several manufacturers, licensing them to produce and sell clothing and clothing accessories, hats,
`
`and other products that bear Opposer’s MONSTER Marks. In the United States, Opposer’s
`
`licensees have sold licensed goods bearing Opposer’s MONSTER Marks to consumers in all 50
`
`states through their own websites and through nationwide retailers. Those nationwide retailers
`
`have also sold Opposer’s licensed goods bearing Opposer’s MONSTER Marks through their
`
`own websites.
`
`5.
`
`In addition, Opposer has and continues to widely market and promote its
`
`MONSTER Marks and related marks to consumers by, for example, displaying the marks
`
`prominently and extensively on billions of cans; 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 also promotes its MONSTER Marks and
`
`- 5 -
`
`

`

`
`
`related marks through, for example, the sponsorship and promotion of music festivals, athletes,
`
`and sports events that are televised nationwide and internationally.
`
`6.
`
`Opposer has promoted its MONSTER Marks and related marks through its
`
`sponsorship of the Monster Fishing Team. The most prominent feature of the Monster Fishing
`
`Team was the Monster-branded boats. Examples of these MONSTER-branded boats are shown
`
`below:
`
`
`
`
`
`
`
`- 6 -
`
`

`

`
`
`
`
`7.
`
`In the 2011 season, the Monster Fishing Team fished 15 tournaments, winning the
`
`top prize in four tournaments, including the Coconuts Shootout held out of Rusty’s Waterfront Raw
`
`Bar in Port Canaveral, Florida. The team also placed in the top ten in nine tournaments, including
`
`second place in the Treasure Cay Billfish Tournament, third place (out of 458 boats) in the AT&T
`
`Greater Jacksonville Tournament, and fifth place in the Jacksonville Rodeo. The AT&T Greater
`
`Jacksonville Tournament had an estimated 500 boats participating and more than six thousand
`
`spectators. Team members also earned individual awards, such as second and third place anglers in
`
`the Treasure Cay Billfish Tournament, and Top Female Angler in the 2011 Bahamas Marlin
`
`Championship. In the 2012 season, the team had five first place finishes, two second place finishes,
`
`and seven top ten finishes. The team also fished various local tournaments, such as the U.S. Open
`
`in North Carolina and the Treasure Cay Billfish Challenge. Examples of the Monster Fishing
`
`Team’s attendance at these tournaments are shown below:
`
`
`
`- 7 -
`
`

`

`
`
`
`
`
`
`
`
`8.
`
`During Opposer’s sponsorship of the Monster Fishing Team, Opposer participated
`
`in numerous events and activities, including fishing tournaments, charity events, local boat races,
`
`and retail promotional events. The Monster Fishing Team, along with Opposer’s Monster-branded
`
`
`
`- 8 -
`
`

`

`
`
`boat, truck, and trailer, traveled from Florida to Georgia, North Carolina, South Carolina, Louisiana,
`
`Mississippi, Texas, and the Bahamas. At each team appearance, the team used the official Monster
`
`Fishing Team boat, donned Monster-branded apparel (shirts, hats, etc.), and gave away countless
`
`Monster-branded merchandize, such as MONSTER-branded drinks, shirts, hats, and other
`
`promotional material. The team held approximately 50 promotional events every year at Wal-Mart,
`
`Target, Race Trac, and various other stores that request the Monster boat. During Opposer’s
`
`sponsorship of
`
`the Monster Fishing Team,
`
`the
`
`team maintained a website at
`
`www.monsterenergyfishingteam.com. Examples of the Monster Fishing Team events and website
`
`displaying Opposer’s MONSTER Marks are shown below:
`
`
`
`
`
`- 9 -
`
`

`

`
`
`-10-
`- 10 -
`
`
`
`
`
`

`

`
`
`9.
`
`Since April 2021, Opposer has also used the mark MONSTER SHOP in
`
`connection
`
`with
`
`an
`
`online
`
`retail
`
`store
`
`service,
`
`available
`
`at
`
`https://monstershop.monsterenergy.com/. An example of Opposer’s MONSTER SHOP website
`
`
`
`is shown below.
`
`
`
`- 11 -
`
`

`

`
`
`
`
`10.
`
`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 developed strong common law rights in Opposer’s MONSTER Marks, which
`
`have appeared on billions of cans of beverages and in extensive nationwide promotions.
`
`Opposer’s common law rights in its family of MONSTER Marks predate the filing date of
`
`Applicant’s Application and alleged date of first use of Applicant’s Mark, and Opposer relies on
`
`its common law trademark rights.
`
`11.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`
`
`
`
`
`
`- 12 -
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`3,134,841
`
`3,923,683
`
`4,660,598
`
`5,551,230
`
`6,451,182
`
`
`
`
`
`
`
`Cl. 32. beverages, namely,
`carbonated soft drinks,
`carbonated soft drinks
`enhanced with vitamins,
`minerals, nutrients, amino
`acids and/or herbs, 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
`Cl. 18. all purpose sport bags;
`all-purpose carrying bags;
`backpacks; duffle bags
`
`
`
`Cl. 22. lanyards; lanyards for
`holding whistles, keys,
`eyeglasses, sunglasses,
`mobile telephones, badges,
`identification cards, event
`passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences
`Cl. 41. 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, mountain bike,
`BMX, and skate
` Cl. 32. non-alcoholic
`beverages, namely, soft
`
`- 13 -
`
`Listed First
`Use in
`Commerce
`Date
`4/18/2002
`
`Filling Date
`
`Reg. Date
`
`5/7/2003
`
`8/29/2006
`
`5/2004
`
`4/2/2009
`
`2/22/2011
`
`12/20/2006
`
`8/26/2013
`
`12/23/2014
`
`5/2005
`
`11/16/2015
`
`8/28/2018
`
`3/27/2002
`
`12/3/2017
`
`8/17/2021
`
`

`

`Filling Date
`
`Reg. Date
`
`Listed First
`Use in
`Commerce
`Date
`
`4/18/2002
`
`8/26/2021
`
`6/14/2022
`
`4/18/2002
`
`5/23/2003
`
`1/17/2006
`
`1/15/2019
`
`7/30/2019
`
`Cl. 9
`6/30/2002
`
`Cl 21
`1/2005
`
`Cl. 22
`12/20/2006
`
`Cl. 24
`7/2003
`
`Cl. 25
`5/24/2002
`
`
`Cl. 28
`12/8/2011
`
`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`6,760,278
`
`MONSTER
`
`3,044,315
`
`MONSTER
`ENERGY
`
`5,820,689
`
`MONSTER
`ENERGY
`
`drinks, energy drinks, sports
`drinks, and fruit juice drinks
`Cl. 32. energy drinks; Fruit
`drinks; Soft drinks; Sports
`drinks
`Cl. 5. nutritional supplements
`in liquid form, but excluding
`perishable beverage products
`that contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Cl. 9. sport helmets; video
`recordings featuring sports,
`extreme sports and motor
`sports; downloadable
`software for mobile devices
`for playing games;
`downloadable electronic
`game software for use on
`mobile devices;
`downloadable game software;
`downloadable interactive
`game programs;
`downloadable video game
`software and programs
`Cl. 21. beverageware;
`insulated beverage containers
`for domestic use; bottles, sold
`empty; drinking bottles for
`sports; water bottles sold
`empty; bottle openers
`Cl. 22. lanyards; lanyards for
`holding whistles, keys,
`badges, identification cards,
`event passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences; tents
`Cl. 24. towels; blankets for
`outdoor use
`Cl. 25. clothing, namely,
`Tops, shirts, t-shirts, sweat
`shirts, jackets, bottoms, pants,
`bandanas, sweat bands,
`gloves; headwear; hats;
`beanies
`Cl. 28. Toy cars; remote
`control toys, namely, cars;
`
`
`
`- 14 -
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`5,551,192
`
`MONSTER
`ARMY
`
`3,908,601
`
`
`
`4,036,681
`
`MONSTER
`ENERGY
`
`4,721,433
`
`MONSTER
`ENERGY
`
`4,111,964
`
`MONSTER
`REHAB
`
`cornhole game sets; cornhole
`game boards; cornhole bags;
`surf boards; skate boards;
`snowboards; golf bags
`Cl. 25. clothing, namely, tops,
`shirts, T-shirts, hooded shirts,
`sweat shirts, and jackets
`Cl. 41. 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, mountain bike,
`BMX, and skate
`Cl. 25. clothing, namely, t-
`shirts, hooded shirts and
`hooded sweatshirts, sweat
`shirts, jackets, pants,
`bandanas, sweat bands and
`gloves; headgear, namely,
`hats and beanies
`Cl. 32. non-alcoholic
`beverages, namely, energy
`drinks, excluding perishable
`beverage products that
`contain fruit juice or soy
`Cl. 35. 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
`Cl. 30. ready to drink tea,
`iced tea and tea based
`beverages; ready to drink
`flavored tea, iced tea and tea
`
`
`
`- 15 -
`
`Filling Date
`
`Reg. Date
`
`Listed First
`Use in
`Commerce
`Date
`
`Cl. 25 5/2010
`
`Cl. 41 5/2005
`
`11/16/2015
`
`8/28/2018
`
`6/30/2002
`
`4/2/2009
`
`1/18/2011
`
`4/18/2002
`
`9/11/2007
`
`10/11/2011
`
`1/4/2003
`
`3/12/2014
`
`4/14/2015
`
`2/2011
`
`8/24/2011
`
`3/13/2012
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`4,634,053
`
`5,716,915
`
`6,170,021
`
`6,557,648
`
`
`
`MONSTER
`MAXX
`
`MONSTER
`MILLION
`
`MONSTER
`ASSAULT
`
`based beverages
`Cl. 5. nutritional supplements
`in liquid form; vitamin
`fortified beverages
`Cl. 32. non-alcoholic
`beverages, namely, energy
`drinks, sports drinks, all
`enhanced with vitamins,
`minerals, nutrients, proteins,
`amino acids, and/or herbs, but
`excluding perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`Cl. 32. non-alcoholic
`beverages, namely, soft
`drinks, energy drinks, and
`sports drinks
`Cl. 35. promotion of
`motorsport events for others;
`promotional sponsorship of
`motorsport events; promoting
`goods and services in the
`motorsport events field
`through the distribution of
`printed, audio and visual
`promotional material
`Cl. 41. entertainment
`services, namely, organizing
`motorsport events and
`conducting and arranging
`contests; entertainment
`services in the nature of
`organizing and conducting
`sporting events in the field of
`motorsports; entertainment
`services in the nature of
`organizing and conducting
`competitive sporting events;
`entertainment services in the
`nature of sports competitions;
`entertainment services in the
`nature of providing
`information in the field of
`sporting events and sports
`competitions
`#MONSTERGA Cl. 35. services of
`
`- 16 -
`
`Filling Date
`
`Reg. Date
`
`Listed First
`Use in
`Commerce
`Date
`
`5/2008
`
`11/15/2013
`
`11/4/2014
`
`2/2018
`
`12/11/2017
`
`4/2/2019
`
`10/15/2011
`
`9/14/2018
`
`10/6/2020
`
`11/2/2009
`
`2/15/2018
`
`11/16/2021
`
`

`

`
`
`Reg. No.
`
`Mark
`
`Goods/Services
`
`Filling Date
`
`Reg. Date
`
`Listed First
`Use in
`Commerce
`Date
`
`MING
`
`advertising; providing
`consumer information about
`electronic video games; on-
`line advertising on a
`computer network
`Cl. 41. providing a website
`featuring entertainment
`information, news, videos,
`opinions, commentary, and
`images in the field of athletes,
`sports, e-sports, video games
`and sporting events;
`providing entertainment
`information about electronic
`video games
`
`12.
`
`Opposer owns and relies on incontestable U.S. Trademark Registration No.
`
`3,134,841 (the “’841 Registration”) for the mark
`
`® for “beverages, namely, carbonated
`
`soft drinks, carbonated soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs,
`
`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” in International Class 32 which registration issued August 29, 2006 and is
`
`based on an application filed in the United States Patent and Trademark Office (“PTO”) on May
`
`7, 2003. The filing date of Opposer’s ’841 Registration is before the filing date of the Application
`
`and the alleged date of first use of the Applicant’s Mark. True and correct copies of the specifics
`
`of the ’841 Registration obtained from the PTO’s TSDR database are attached hereto as Exhibit
`
`1 and made of record.
`
`
`
`
`
`- 17 -
`
`

`

`
`
`13.
`
`Opposer owns and relies on incontestable 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 United States Patent and Trademark
`
`Office (“PTO”) on April 2, 2009. The filing date of Opposer’s ’683 Registration is before the filing
`
`date of the Application and the alleged date of first use of the Applicant’s Mark. True and correct
`
`copies of the specifics of the ’683 Registration obtained from the PTO’s TSDR database are
`
`attached hereto as Exhibit 2 and made of record.
`
`14.
`
`Opposer owns and relies on U.S. Trademark Registration No. 4,660,598 (the
`
`“’598 Registration”) for the mark
`
`® for “Lanyards; Lanyards for holding
`
`whistles, keys, eyeglasses, sunglasses, mobile telephones, badges, identification cards, event passes,
`
`media passes, photographs, recording equipment, or similar conveniences” in International Class 22
`
`which registration issued December 23, 2014 and is based on an application filed in the United
`
`States Patent and Trademark Office (“PTO”) on August 26, 2013. The filing date of Opposer’s
`
`’598 Registration is before the filing date of the Application and the alleged date of first use of the
`
`Applicant’s Mark. True and correct copies of the specifics of the ’598 Registration obtained from
`
`the PTO’s TSDR database are attached hereto as Exhibit 3 and made of record.
`
`
`
`
`
`
`
`
`
`- 18 -
`
`

`

`
`
`15.
`
`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, mountain bike, BMX, and skate” in International Class 41 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. The filing date of Opposer’s ’230
`
`Registration is before the filing date of the Application and the alleged date of first use of the
`
`Applicant’s Mark. True and correct copies of the specifics of the ’230 Registration obtained from
`
`the PTO’s TSDR database are attached hereto as Exhibit 4 and made of record.
`
`16.
`
`Opposer owns and relies on U.S. Trademark Registration No. 6,451,182 (the
`
`“’182 Registration”) for the mark
`
`® for “non-alcoholic beverages, namely, soft
`
`drinks, energy drinks, sports drinks, and fruit juice drinks” in International Class 32 which
`
`registration issued August 17, 2021 and is based on an application filed in the United States
`
`Patent and Trademark Office (“PTO”) on Dece