Benjamin Appelbaum, Attorney at Law

Monster Energy files trademark objection against startup

Some people in New Jersey enjoy drinking Monster Energy drinks to pep up in the middle of the day, but they may not know that the company has developed a reputation for aggressive trademark enforcement. While companies have a responsibility to protect their intellectual privacy, some have questioned Monster's eagerness to pursue potential trademark violations that seem to be far from the company's primary area of work. In addition, the company is often unsuccessful in its trademark cases, especially those that seem to be a significant reach outside its registered area of protection.

Most recently, Monster Energy filed an opposition to a 21-year-old's application for a trademark for his business. The man filed a trademark application for Monarch Energy, a company making tablets designed to help young people with arthritis remain active in sports. Monster did not challenge the company's name; instead, it said that the man's proposed logo was too similar to its own. However, Monster Energy's logo is a "monster-style" M, with a unique font below. On the other hand, Monarch Energy's logo is a simple, bold M in a laurel wreath with its name below in a standard sans-serif font.

Other than both logos containing an M, there does not appear to be a strong similarity between the images. The 21-year-old said that he was nervous about the case due to Monster's history of filing trademark objections to potentially infringing marks. While he said that the company has a right to defend its trademark, he urged it to drop its objection to what he called his good-faith efforts.

Trademark enforcement can be a challenging area for many corporations because some companies face harsh criticism when they are trying to protect their intellectual property. An attorney may help business owners, entrepreneurs and well-established companies to protect their rights under copyright and trademark law.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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