Monster Energy Loses Trademark Opposition As UK IPO Mentions That The Letter 'M' Isn't Distinctive

from the m-kay dept

Monster Energy: is there no trademark opposition they can't lose? The drink company, which might be more well known at this point for its trademark bullying than its beverages, has been handed loss after loss after loss after loss in trademark oppositions to everything from industrial paint manufacturers to the NBA and on to other beverage companies. Why the company spends so much time opposing trademarks is literally anyone's guess, but the losses all amount to the complete lack of potential confusion in the disputed trademark applications, as well as Monster Energy believing it can control words and images that it most certainly cannot.

The latest of these, in yet another opposition Monster Energy lost, has the UK's IPO explaining to Monster Energy that it cannot prevent other companies from using the letter "M" prominently in their logos.

In a decision on Wednesday, March 6, the UK IP Office ruled that Monster Energy could not stop Robert Marchington from registering a trademark, finding there was no likelihood of confusion.

In its opposition, Monster relied on its earlier registered marks (EU numbers 2439068; 3227041; 12924973 and 14226765) which depict animal or monster scratch marks that create the letter ‘M’. The mark was for a pair of legs which took the shape of the letter ‘M’ and seemed to be taking a step forward.

In its decision the IPO said Marchington’s applied-for mark and Monster’s trademarks were visually similar only to a low degree. It said that the presence of the letter ‘M’ in both parties’ marks “does not convey any particular meaning”.

The fact that Monster Energy needed to be told as much serves as a wonderful barometer for how ridiculous Monster Energy trademark oppositions generally are. Again, when it comes to trademark law, the entire point is to prevent public confusion as to the source of goods. Monster Energy's logo is indeed distinctive, as it makes the letter "M" out of claw marks. This does not somehow grant exclusivity to the letter "M" to Monster Energy, however. Legs and clawmarks, in other words, are different.

As are the markets of soft drinks and alcohol, according to the IPO.

“Whilst soft drinks and alcoholic drinks are similar in nature in that they are both liquids for consumption, consumers will consider them to be different categories of goods,” the IPO said.

Additionally, it said that “syrups and preparations”, covered by Machington’s mark, cannot be considered a finish drink product, and therefore will not be in competition with Monster’s beverages.

I continue to be baffled as to how paying all of these billable hours, or the salaries and benefits for the in-house legal team, just to handle the load of trademark oppositions that routinely end up as losses, makes any financial sense.

Filed Under: m, robert marchington, trademark, uk
Companies: monster energy

Monster Energy Opposes Trademark For Liquor Company Logo, But Will Have A Fight On Its Hands

from the monster-mash dept

Long-time Techdirt readers will likely hear the name Monster Energy and immediately roll their eyes. The energy drink company's reputation for being an insanely aggressive trademark bully probably actually competes with its reputation for making beverages. The company has attempted to trademark bully companies that range from differently-named root beer makers to companies that make video games. Notable in most of these bullying attempts is how little likelihood for confusion there actually is between Monster's marks and those who it attempts to bully. And, of course, the sad reality that many victims bend to Monster's demands rather than put up a legal fight.

But one liquor distillery that has had Monster Energy oppose the trademark application for its logo is claiming it's going to fight back.

Family-owned MurLarkey Distillery in Bristow says it is taking the fight to Monster Energy, the energy drink company, over the right to trademark its “M” logo, which appears on its liquor bottles and merchandise.

After MurLarkey applied for the trademark, Monster Energy lodged an objection with the U.S. Patent Trade Office’s Trademark Trial and Appeal Board in May. MurLarkey’s Tom Murray says he is not going to be bullied by a company that has become known for its overly aggressive tactics enforcing its trademark rights.

Now, the logos in question are not completely dissimilar. Here they are, side by side.

Except there are a number of problems here. First, the reason these logos look similar at all is because the both prominently feature a big "M." That single letter is absolutely not unique. The other reason they might seem similar to your eye is because both feature the actual names of the company in smaller type below that "M." There's some aesthetic similarity in that. But those are really the only arguments Monster has here, because everything else about this makes it unlikely anyone is going to be confused by Murlarkey's logo. Let's count the ways.

To start, the two companies operate in different markets. Yes, both serve liquid for consumption, but one makes an energy drink, while the other is selling liquor, such as vodka. Those are distinct markets and not easily confused during the purchasing process. Beyond that, Murlarkey's logo features its name, a different font for its "M", and the addition of three stars at the top of the logo. These are all far more unique than having a big "M" as part of the logo. Add on to all of that the fact that the "M" logo is used sparingly on liquor bottles themselves and, when it does, is featured on a tiny label near the mouth of the bottle, and any chance for confusion vanishes. Hell, even the apparel Murlarkey's is selling with versions of the logo is obviously benign.

If that causes you to at all think of Monster Energy drinks, then you have brain damage and need immediate care. But with Monster Energy, it's never actually about customer confusion. Instead, the company is nearly pathological in its trademark bullying, as if the legal team there sees someone using an "M" and just can't help but scratch that trademark bullying itch.

Let's just hope that Murlarkey's makes good on its promise to fight back.

Filed Under: m, monster, trademark
Companies: monster energy, mularkey