Trademark, Copyright Infringement Claims | Monster Energy Lawsuit
Monster Energy Company is suing online sellers for trademark and copyright infringement. The lawsuit was filed in federal court. Monster filed the suit with the aim of stopping what they believe is sales of counterfeit Monster products online. The marks in question are the MONSTER® mark, the MONSTER ENERGY® mark, M MONSTER ENERGY® mark, and the “Claw Icon”) mark, among others. The goods that the Plaintiff states the Defendants infringed on include the energy drinks the brand is famous for. But, the lawsuit also identifies marks in connection with a wide range of Monster items. Such as towels, blankets, umbrellas, beach/lawn chairs, tents, vanity cases, guitars, drum heads, clocks, watches, boom boxes, speakers, head sets, bottle openers, protective gear, keychains, surfboards, skateboards, surf boards, wake boards, and BBQ tool sets.
Monster’s Claims of Infringement…
Let’s hone in on some of the language in the Monster lawsuit legal complaint. That way, we can better understand the allegations of infringement:
Defendants are individuals and business entities of unknown makeup who own and/or operate one or more of the e-commerce stores under at least the Seller Aliases identified on Schedule A and/or other seller aliases not yet known to MEC. On information and belief, Defendants reside and/or operate in the People’s Republic of China or other foreign jurisdictions with lax trademark enforcement systems or redistribute products from the same or similar sources in those locations.
In recent years, MEC has identified many fully interactive, e-commerce stores offering counterfeit Monster Energy Products on online marketplace platforms such as Amazon, eBay, AliExpress, Alibaba, Wish.com, Walmart, Etsy, Temu, TikTok, and DHgate, including the e-commerce stores operating under the Seller Aliases.
E-commerce stores operating under the Seller Aliases often include content and images that make it very difficult for consumers to distinguish such stores from an authorized retailer. MEC has not licensed or authorized Defendants to use its MONSTER ENERGY Trademarks or copy or distribute the Monster Energy Copyrighted Work, and none of the Defendants are authorized retailers of genuine Monster Energy Products.
E-commerce store operators like Defendants regularly register or acquire new seller aliases for the purpose of offering for sale and selling Unauthorized Monster Energy Products. Such seller alias registration patterns are one of many common tactics used by e-commerce store operators like Defendants to conceal their identities and the full scope and interworking of their counterfeiting operation, and to avoid being shut down.
Are Sellers Empowered to Take Legal Action?
If you haven’t already, spend some time reading through the legal complaint. The better you understand the allegations of trademark and copyright infringement, the more equipped you’ll be to act. What do we mean by act? Well, given that legal action has been taken against you and your online business, you may also do the same! That’s where our firm comes into the picture. When you hire an intellectual property attorney, you’re on the right track to take legal action of your own in response.
Speaking of responding, you’ll have to do just that in order to not get caught up in the more difficult situation of a Default Judgment. When you submit a response to the court, you’re acknowledging your awareness of the lawsuit. And, your willingness to comply with the legal proceedings associated with the lawsuit. By hiring a lawyer to work with you, you’ll have the most relevant and efficient resource at your disposal. While the average seller may understand some or even most of the claims made by Monster, your attorney’s duty is to comprehend the situation in totality. From that point, they may work with you to address the allegations so your business can move forward.
How Serious is the Monster Energy Infringement Lawsuit?
What’s the deal with the Monster Energy lawsuit anyway – is it really all that serious? Yes, in fact a federal trademark and copyright lawsuit is extremely serious. The real-world impact of the lawsuit will likely be quite strongly felt by all of the Defendants, too. How will sellers named in the lawsuit “feel” the effect? By way of a temporary restraining order. Once Monster gains approval for a temporary restraining order, sellers’ online accounts will be frozen. That’s correct, if you’re a Defendant, you’ll be prevented from touching the money in your account. The reason for this is to bar the named sellers from engaging in further intellectual property infringement.
Another thing common to these kinds of lawsuits? Once the restraining order is in place, the Plaintiff will attempt to directly settle. A seller is more likely to consider a direct settlement if they’re currently being denied access to their own money. Makes sense, right! And sure, we completely sympathize with the impulse to just settle with Monster and move on. What we want to convey something very important to sellers, though. That if you take this route, you’re likely to get only slightly more than half of your money.
To respond, address the allegations, negotiate, and reach a favorable outcome – that’s the goal! We can help you reach that end.
Contact our team at Stockman & Poropat, PLLC today for a free consultation!
Download the legal complaint below:
Up next we will be discussing the Alastin Skincare Trademark Infringement Lawsuit.
