Riverside, CA – Trademark attorneys file trademark infringement and Lanham Act 43(a) unfair competition lawsuit, on behalf of Hansen Beverage Company, in Los Angeles Federal District Court, alleging infringement of its USPTO registered Monster energy drinks trademarks. Hansen launched Monster energy drinks in 2002 and, since then, has expanded to a variety of products which are marketed under the Monster family of trademarks. The Monster energy drink containers prominently display the Monster trademarks and trade dress. Hansen has spent millions of dollars in promoting the drinks under the Monster trademarks and has retail sales of over one billion dollars.
Defendants also sell an energy product under the trademark of Monster Energy Shot. Hansen alleges that “without permission or authority from Hansen, Defendants have infringed Hansen’s MONSTER Marks in interstate commerce in connection with Defendants’ making, using, promoting, advertising, selling, and/or offering to sell the MONSTER ENERGY SHOT drink.” The complaint also states that, by choosing a similar color scheme on their containers, “Defendants have infringed Hansen’s MONSTER trade dress in interstate commerce in connection with Defendants’ making, using, promoting, advertising, selling, and/or offering to sell its MONSTER ENERGY SHOT energy drink.” The complaint asserts the following causes of action: (1) Trademark infringement 15 U.S.C. §§ 1114; (2) Trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (3) False designation of origin and trade dress infringement under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (4) California trademark dilution under Cal. Bus. & Prof. Code § 14330; (5) Unfair competition under Cal. Bus. & Prof. Code §§ 17200 and 17500; (6) Common law trademark infringement; (7) Common law trade dress infringement; and, (8) California common law unfair competiton. The case is titled Hansen Beverage Company v. N2G Distributing, Inc., et al., EDCV08-0357 VAP (C.D. California).