Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 1 of 33 Page ID #:1
`
`Steven J. Nataupsky (Bar No. 155913)
`steven.nataupsky@knobbe.com
`Lynda Zadra-Symes (Bar No. 156511)
`lynda.zadrasymes@knobbe.com
`Baraa Kahf (Bar No. 264411)
`baraa.kahf@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Telephone: (949) 760-0404 Facsimile: (949) 760-9502
`
`Attorneys for Plaintiff,
`MONSTER ENERGY COMPANY
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. 5:22-cv-00558
`COMPLAINT FOR
`TRADEMARK
`INFRINGEMENT, TRADE
`DRESS INFRINGEMENT,
`FALSE DESIGNATION OF
`ORIGIN, AND UNFAIR
`COMPETITION
`DEMAND FOR JURY TRIAL
`
`
`
`))))))))))))))
`
`MONSTER ENERGY COMPANY,
`a Delaware corporation;
`Plaintiff,
`
`v.
`
`JUSTIN FRICKE, an individual,
`RYAN LEE, an individual,
`jointly d/b/a SLIMECAT RODS
`Defendants.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 2 of 33 Page ID #:2
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`
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`Plaintiff Monster Energy Company (“Plaintiff” or “Monster”) hereby
`
`complains of Defendants Justin Fricke and Ryan Lee, doing business together as
`SlimeCat Rods (jointly, “Defendants” or “SlimeCat”), and allege as follows:
`JURISDICTION AND VENUE
`1.
`This is an action for (1) trademark infringement, trade dress
`infringement, and false designation of origin under 15 U.S.C. § 1125(a); (2)
`trademark infringement under 15 U.S.C. § 1114; and for substantial and related
`claims of (3) state trademark infringement under California Business &
`Professions Code § 14245; (4) unfair competition under California Business &
`Professions Code §§ 17200 et seq; and (5) California common law unfair
`competition.
`2.
`The Court has original subject matter jurisdiction over Monster’s
`claims that relate to trademark infringement, trade dress infringement, and false
`designation of origin pursuant to 15 U.S.C. §§ 1116 and 1121(a) and pursuant to
`28 U.S.C. §§ 1331 and 1338, as these claims arise under the laws of the United
`States. The Court has supplemental jurisdiction over the claims that arise under
`state statutory and common law pursuant to 28 U.S.C. §§ 1338(b) and 1367(a),
`because the state law claims are so related to the federal claims that they form
`part of the same case or controversy and derive from a common nucleus of
`operative facts.
`3.
`This Court has personal jurisdiction over Defendants because,
`among other reasons, Defendants have committed acts of
`trademark
`infringement, trade dress infringement, false designation of origin, and unfair
`competition in this judicial district, including by using infringing trade dress and
`marks in connection with the advertisement, marketing, promotion, sale, and
`offering for sale of goods to customers in this Judicial District. Defendants’ acts
`form a substantial part of the transactions, occurrences, events, and/or omissions
`giving rise to Monster’s claims.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 3 of 33 Page ID #:3
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`4.
`Venue is proper in this judicial district pursuant to 28 U.S.C.
`§ 1391(b) because a substantial part of the events or omissions giving rise to the
`claims below took place in this Judicial District, and 28 U.S.C. § 1391(c) at
`least because Defendants may be deemed to reside in this district by virtue of
`doing business within the district subjecting them to this Court’s personal
`jurisdiction under California’s long-arm statute, Cal. Code Civ. Proc § 410.10.
`THE PARTIES
`5. Monster is a corporation organized and existing under the laws of
`the State of Delaware, having a principal place of business at 1 Monster Way,
`Corona, California 92879.
`6.
`Upon information and belief, Defendant Justin Fricke is an
`individual who resides in Warsaw, Missouri. Upon information and belief, Mr.
`Fricke is a citizen of the State of Missouri. Upon information and belief,
`Defendant Fricke, along with Defendant Lee, is engaged in the design,
`manufacture, sale, distribution, and promotion of fishing equipment including
`fishing rods, reels, and fishing line under the fictitious business name “SlimeCat
`Rods.”
`7.
`Upon information and belief, Defendant Ryan Lee is an individual
`who resides in Wellington, Kansas. Upon information and belief, Mr. Lee is a
`citizen of the State of Kansas. Upon information and belief, Defendant Lee,
`along with Defendant Fricke, is engaged in the design, manufacture, sale,
`distribution, and promotion of fishing equipment including fishing rods, reels,
`and fishing line under the fictitious business name “SlimeCat Rods.”
`8.
`Upon information and belief, “SlimeCat Rods” is a fictitious
`business name that Defendants registered under the laws of the State of
`Missouri.
`/ / /
`/ / /
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 4 of 33 Page ID #:4
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`
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`ALLEGATIONS COMMON TO ALL CLAIMS
`A. Monster’s Trademarks and Trade Dress
`9. Monster is a nationwide leader in the business of developing,
`marketing, selling, and distributing beverages, including energy drinks.
`Monster has achieved extensive exposure and widespread recognition of its
`MONSTERTM brand through its sponsorship of sports, athletes and teams,
`among other sponsorships, and its extensive marketing and promotion of the
`brand.
`10.
`In 2002, Monster launched its MONSTER ENERGY® drink brand,
`bearing its now-famous MONSTER mark and MONSTER ENERGY® mark.
`11. Since at least 2002, Monster has been continuously engaged in the
`development, licensing, marketing, and/or sale of beverages, beverageware,
`clothing, bags, decals, and hats, as well as many other goods and services, under
`the marks MONSTER™ and MONSTER ENERGY®, and related marks, all
`containing “MONSTER.” Monster’s marks include, for example, the following:
`MONSTERTM, MONSTER ENERGY®, M MONSTER ENERGY®,
`
`® and
`
`®.
`
`12. Monster is the owner of numerous valid and subsisting United
`States Trademark Registrations on the Principal Register in the United States
`Patent and Trademark Office for the goods and services set forth in the
`following table:
`
`MARK
`MONSTER
`ENERGY®
`
`REG. NO.
`3,044,315
`
`DATE
`FILED
`May 23,
`2003
`
`REG.
`DATE
`January 17,
`2006
`
`GOODS/SERVICES
`“Nutritional supplements in liquid
`form, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not”
`in International Class 5 (first use
`in commerce: April 18, 2002)
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 5 of 33 Page ID #:5
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`DATE
`FILED
`September
`11, 2007
`
`REG.
`DATE
`October
`11, 2011
`
`September
`11, 2007
`
`October 11,
`2011
`
`April 18,
`2002
`
`February 7,
`2006
`
`May 23,
`2003
`
`January 17,
`2006
`
`May 7,
`2003
`
`August 29,
`2006
`
`GOODS/SERVICES
`“Nutritional supplements in liquid
`form” in International Class 5
`(first use in commerce: April 18,
`2002)
`“Non-alcoholic beverages,
`namely, energy drinks, excluding
`perishable beverage products that
`contain fruit juice or soy” in
`International Class 32 (first use in
`commerce: April 18, 2002)
`“Fruit juice drinks having a juice
`content of 50% or less by volume
`that are shelf stable, carbonated
`soft drinks, carbonated drinks
`enhanced with vitamins, minerals,
`nutrients, amino acids and/or
`herbs, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not”
`in International Class 32 (first use
`in commerce: April 18, 2002)
`“Nutritional supplements in liquid
`form, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not”
`in International Class 5 (first use
`in commerce: April 18, 2002)
`“Beverages, namely, carbonated
`soft drinks, carbonated drinks
`enhanced with vitamins, minerals,
`nutrients, amino acids and/or
`herbs, carbonated energy or
`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 (first use
`in commerce: April 18, 2002)
`
`
`
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`
`
`MARK
`MONSTER
`ENERGY®
`
`REG. NO.
`4,036,680
`
`MONSTER
`ENERGY®
`
`4,036,681
`
`MONSTER
`ENERGY®
`
`3,057,061
`
`3,044,314
`
`M
`MONSTER
`ENERGY®
`
`3,134,842
`
`M
`MONSTER
`ENERGY®
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 6 of 33 Page ID #:6
`
`MARK
`
`REG. NO.
`6,451,182
`
`®
`
`3,134,841
`
`®
`
`®
`
`®
`
`®
`
`3,908,601
`
`3,908,600
`
`GOODS/SERVICES
`“Non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, sports drinks, and fruit
`juice drinks” in Class 32 (first use
`in commerce: March 27, 2022)
`“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 (first
`use in commerce: April 18, 2002)
`“Clothing, namely, t-shirts,
`hooded shirts and hooded
`sweatshirts, sweat shirts, jackets,
`pants, bandanas, sweat bands and
`gloves; headgear, namely, hats
`and beanies” in International
`Class 25 (first use in commerce
`date: June 30, 2002)
`“Stickers; sticker kits comprising
`stickers and decals; decals” in
`International Class 16 (first use in
`commerce date: January 2004)
`
`DATE
`FILED
`December
`3, 2017
`
`REG.
`DATE
`August 17,
`2021
`
`May 7,
`2013
`
`August 29,
`2006
`
`April 2,
`2009
`
`January 18,
`2011
`
`April 2,
`2009
`
`January 18,
`2011
`
`3,914,828
`
`“Sports helmets” in International
`Class 9 (first use in commerce
`date: January 2006)
`
`April 2,
`2009
`
`February 1,
`2011
`
`4,332,062
`
`®
`
`“Silicone wrist bands; silicone
`bracelets; jewelry, namely,
`bracelets and wristbands” in
`International Class 14
`(first use in commerce date:
`December 2006)
`
`October 5,
`2012
`
`May 7,
`2013
`
`/ / /
`/ / /
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 7 of 33 Page ID #:7
`
`DATE
`FILED
`April 2,
`2009
`
`REG.
`DATE
`February
`22, 2011
`
`August 26,
`2013
`
`December
`23, 2014
`
`January 15,
`2019
`
`July 30,
`2019
`
`GOODS/SERVICES
`“All purpose sport bags; All-
`purpose carrying bags;
`Backpacks; Duffle bags” in
`International Class 18 (first use in
`commerce date: May 2004)
`
`“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 (first use in commerce
`date: December 20, 2006)
`“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” in
`International Class 9 (first use in
`commerce date: June 30, 2002);
`
`“Beverageware; insulated
`beverage containers for domestic
`use; bottles, sold empty; drinking
`bottles for sports; water bottles
`sold empty; bottle openers” in
`International Class 21 (first use in
`commerce date: January 2005);
`
`“Lanyards; lanyards for holding
`whistles, keys, badges,
`identification cards, event passes,
`media passes, photographs,
`recording equipment, or similar
`conveniences; tents” in
`International Class 22 (first use in
`commerce date: December 20,
`-6-
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`
`
`
`MARK
`
`REG. NO.
`3,923,683
`
`®
`
`®
`
`4,660,598
`
`MONSTER
`ENERGY®
`
`5,820,689
`
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 8 of 33 Page ID #:8
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`MARK
`
`REG. NO.
`
`DATE
`FILED
`
`REG.
`DATE
`
`GOODS/SERVICES
`2006);
`
`“Towels; blankets for outdoor use”
`in International Class 24 (first use
`in commerce date: July 2003);
`
`“Clothing, namely, Tops, shirts, t-
`shirts, sweat shirts, jackets,
`bottoms, pants, bandanas, sweat
`bands, gloves; headwear; hats;
`beanies” in International Class 25
`(first use in commerce date: May
`24, 2002);
`
`“Toy cars; remote control toys,
`namely, cars; cornhole game sets;
`cornhole game boards; cornhole
`bags; surf boards; skate boards;
`snowboards; golf bags” in
`International Class 28 (first use in
`commerce date: December 8,
`2011);
`
`13. Attached hereto as Exhibits 1–15 are true and correct copies of
`Monster’s trademark registrations identified in Paragraph 12 above, which are
`hereby incorporated by reference. Collectively, those registrations and
`trademarks, including all common rights therein, are referred to as the
`“MONSTER Marks.”
`14.
`Pursuant to 15 U.S.C. § 1065, U.S. Trademark Registration
`Nos. 3,044,315; 4,036,680; 4,036,681; 3,057,061; 3,044,314; 3,134,842;
`3,134,841; 3,908,601; 3,908,600; 3,914,828; and 4,332,062 are incontestable.
`15. Monster also owns California Trademark Registration No. 108,124
`for the mark MONSTER for “fruit juice drinks, soft drinks, carbonated soft
`drinks and soft drinks enhanced with vitamins, minerals, nutrients, amino acids
`and/or herbs, aerated water, soda water and seltzer water” in International Class
`/ / /
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 9 of 33 Page ID #:9
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`32. Ex. 16. That registration issued on April 24, 2002. Id. The registration
`was last renewed on February 15, 2022 and remains in effect. Id.
`16.
`In addition, since 2002, Monster has consistently used a distinctive
`trade dress for its packaging and promotional materials, including a unique and
`proprietary stylized font for the mark MONSTER on a dark background, a
`bright contrasting accent color, including bright green, and an overall
`aggressive, edgy theme, as shown below (the “MONSTER Trade Dress”):
`
`17. As a result of Monster’s widespread, exclusive, and continuous use
`of its MONSTER Marks and MONSTER Trade Dress to identify the goods and
`services listed in the table in Paragraph 12 above and Monster as their source,
`Monster owns valid and subsisting federal statutory and common law rights to
`the MONSTER Marks and MONSTER Trade Dress.
`18.
`The MONSTER family of products has achieved substantial
`commercial success. Since 2002, Monster has sold more than 37.2 billion cans
`of its MONSTER line of drinks worldwide and sales of the MONSTER line of
`drinks have generated over $74 billion in estimated total retail revenues
`internationally. In 2020 alone, Monster sold nearly 5 billion cans worldwide.
`The MONSTER brand has established itself as the best-selling energy drink
`brand in the United States. While Monster continues to expand its successful
`MONSTER line of drinks, Monster’s best-selling drink remains the original
`Monster Energy® which prominently features the colors black and green.
`/ / /
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 10 of 33 Page ID #:10
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`19. MONSTER-branded drinks are sold in over 380,000 retail outlets
`in the United States, including convenience stores, gas stations, grocery stores,
`mass merchandizers (e.g., Costco, Wal-Mart, and Target), drug stores, as well as
`outdoor and fishing stores such as Bass Pro Shop, Big 5 Sporting Goods,
`Camping World, Sport Authority, Sportsman Warehouse, Fisherman’s One
`Stop, Fisherman’s Marine and Outdoor, Fish and Ski, Dana Wharf Sport
`Fishing, Hammond’s Fishing Center, and other bait and tackle stores.
`20. Monster’s line of drinks is also sold by on-premises retailers such
`as bars, restaurants, coffees shops, sports venues, theme parks and cinemas,
`including, but not limited to professional sports arenas, Carl’s Jr., Hardee’s,
`Dunkin Donuts, Disney theme parks, and Cinemark theaters.
`21. Monster also sells its MONSTERTM line of drinks online, including
`on the amazon.com, walmart.com, , and monsterarmy.com websites. A screen
`capture of walmart.com online store is shown below:
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 11 of 33 Page ID #:11
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`22. Monster’s MONSTER Marks and MONSTER Trade Dress are the
`subject of substantial and continuous marketing and promotion by Monster.
`Since 2002, Monster has spent more than $9.5 billion dollars promoting and
`marketing its MONSTER brand. In 2019 and 2020, Monster spent over
`$1 billion each year in advertising, marketing, and promoting its MONSTER
`brand, marks, and trade dress.
`23. Monster’s promotional efforts also include using, licensing the use
`of, and displaying the MONSTER Marks and MONSTER Trade Dress on, in, or
`in connection with widespread distribution of promotional and point-of-sale
`materials; product samplings; apparel and merchandise; trucks and other
`vehicles; magazines and other industry publications; Monster’s website, social
`media sites, and other Internet websites; attendance at trade shows; and
`sponsorship of concert tours, live events, athletes, athletic teams, and athletic
`competitions around the world. Since 2002, Monster has distributed millions of
`point-of-sale marketing items bearing its MONSTER Marks and MONSTER
`Trade Dress. These point-of-sale marketing items include, but are not limited
`to, case stackers, stickers, displays for shelves, suction cup racks, apparel,
`accessories, hats, sports equipment, backpacks and bags, tents, and coolers.
`Examples of use of MONSTER Marks on some of these products are shown
`below:
`
`/ / /
`/ / /
`/ / /
`/ / /
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`———
`
`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 12 of 33 Page ID #:12
`Clase 5:22-cv-00558 Document1 Filed 04/01/22 Page 12 of 33 Page ID #:12
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 13 of 33 Page ID #:13
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`24. Monster also widely markets and promotes the MONSTER Marks
`and MONSTER Trade Dress to consumers through clothing sales and
`giveaways. Since 2002, Monster has licensed, sold and/or given away millions
`of items of clothing bearing its MONSTER Marks and MONSTER Trade Dress.
`25. Further, Monster allocates a large proportion of its marketing,
`advertising, and promotional budget to athlete endorsements and sponsoring
`athletic competitions and events. Monster’s marketing and promotional
`activities include, but are not limited to, sponsorship of numerous fishing-
`related events. For example, the MONSTER Marks and MONSTER Trade
`Dress were prominently featured on the “Monster Energy Fishing Team” boat.
`The team competed in numerous fishing tournaments over the 2011–2014
`seasons, including the Boat Harbour Round Up Series hosted at Abaco Beach
`Resort. The team boat was also featured in the 2012 Miami International Boat
`Show. Photographs of the Monster Energy Fishing Team boat are shown
`below.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 14 of 33 Page ID #:14
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 15 of 33 Page ID #:15
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`26.
` Since 2019, Monster has also been the official and exclusive
`energy drink sponsor of the American Bass Anglers, Inc. (ABA) tournament
`trail, and has been showcased at ABA Open Series. Each ABA Open Series
`division offers four one-day qualifying events in a boater/co-angler format.
`Monster was also featured as a sponsor in the Ultimate Bass Team Tour,
`including its Tournament of Champions on Lake Mohave. Photographic
`examples from those events are shown below.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 16 of 33 Page ID #:16
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`27. Monster has also sponsored athletes in Major League Fishing’s Pro
`Circuit Tour (FLW) in 2019. Photographs of Monster-sponsored athletes who
`competed in such tournaments are shown below.
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`In addition, Monster has and does use its MONSTER Marks and
`MONSTER Trade Dress on promotional materials and products relating to
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 17 of 33 Page ID #:17
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` Examples of use of the
`wakeboarding and other water-based sports.
`MONSTER Marks and MONSTER Trade Dress on such promotional products
`and posters are shown below:
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`29. Monster has also sponsored professional fighting, including the
`Ultimate Fighting Championship (“UFC”); basketball; baseball; hockey;
`NASCAR; Road Racing World Championship Grand Prix (“MotoGP”) events;
`the AMA Supercross Series (as the title sponsor for all 16 series races); and the
`X Games, among many other events. At Monster-sponsored events, the
`MONSTER Marks and MONSTER Trade Dress are prominently promoted at
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 18 of 33 Page ID #:18
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`the venues, including on banners and on large transport, support, and hospitality
`tractor trailers, motor homes, and other promotional vehicles.
`30.
`In addition, Monster sponsors hundreds of athletes or athletic teams
`that compete in a wide variety of sports, including motocross, MotoGP, AMA
`Superbike, Supercross, World Superbike, surfing, skateboarding, wakeboarding,
`skiing, snowboarding, BMX, mountain biking, snowmobile racing, off-road
`racing, and various classes of NASCAR racing. When Monster sponsors an
`athlete, both sides agree that the athlete’s clothing, gear, and equipment will
`display the Monster brand. Many of the events in which the Monster-sponsored
`athletes and athletic teams compete are broadcast nationally on television, and
`the broadcasts display the MONSTER Marks and MONSTER Trade Dress.
`Examples are shown below:
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 19 of 33 Page ID #:19
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`31. The MONSTER Marks and MONSTER Trade Dress also receive
`extensive publicity and exposure through Monster’s websites, such as
`www.monsterenergy.com, and social media sites,
`including Monster’s
`Facebook, Twitter, Instagram, and YouTube accounts. As of February 2022,
`Monster’s Facebook page has over 25.7 million “likes”; Monster’s YouTube
`page has over 2.99 million subscribers; Monster’s Twitter page has
`approximately 3 million followers; and Monster’s Instagram page has
`approximately 7.9 million followers. MONSTER Marks and MONSTER Trade
`Dress are displayed on these websites and social media sites.
`32. MONSTER Marks and MONSTER Trade Dress have also received
`significant unsolicited coverage in various national publications. For example,
`they have been featured in Fortune, Newsweek, Beverage World, Beverage
`Spectrum, Forbes, and Business Week, among other publications.
`33. MONSTER Marks and MONSTER Trade Dress have acquired
`great value as specific identifiers of Monster’s products that serve to identify
`and distinguish Monster’s products from those of others. Monster has obtained
`strong common law rights in the MONSTER Marks and MONSTER Trade
`Dress, which are not only inherently distinctive but have also acquired
`secondary meaning. Customers in this judicial district and elsewhere readily
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 20 of 33 Page ID #:20
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`recognize MONSTER Marks and MONSTER Trade Dress as distinctive
`designations of the origin of Monster’s drinks, beverageware, hats, clothing,
`bags, sporting equipment, accessories, promotional items, and numerous other
`products. MONSTER Marks and MONSTER Trade Dress are intellectual
`property assets of enormous value as symbols of Monster and its quality,
`reputation, and goodwill.
`34. Monster has consistently and successfully enforced and protected
`its MONSTER Marks and MONSTER Trade Dress against past infringements.
`B. Defendants’ Unlawful Activities
`35. Upon information and belief, Defendants are engaged in the design,
`manufacture, sale, promotion, and distribution of fishing gear such as fishing
`rods, reels, and fishing line. Defendants also own and operate the website
`www.slimecatrods.com, where they sell those goods to consumers nationwide,
`including customers in this Judicial District. Defendants also maintain the
`Facebook account www.facebook.com/SlimeCatRods/, the Instagram account
`www.instagram.com/slimecatrods/,
`and
`YouTube
`channel
`www.youtube.com/channel/UC_XsTK5aq3JWggoLkok2nyw.
`36. Without permission or consent from Monster, Defendants have
`sold and are offering for sale goods using trademarks and trade dress that are
`confusingly similar to one or more of the MONSTER Marks and the
`MONSTER Trade Dress. Beginning long after Monster acquired protectable
`exclusive rights in the MONSTER Marks and MONSTER Trade Dress,
`Defendants adopted and began using the mark SLIMECAT MONSTER MONO
`and
` (the “Infringing Marks”) in connection with
`the promotion and sale of fishing line in U.S. commerce. Examples of
`Defendants’ products displaying the infringing marks and trade dress are shown
`below:
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 21 of 33 Page ID #:21
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`37. As shown above, Defendants are using the marks SLIMECAT
`MONSTER MONO and
`, which are confusingly
`similar to the MONSTER Marks, on and in connection with fishing line. In
`addition, Defendants predominantly use their marks in a green and/or green and
`black stylized font, thereby creating an overall commercial impression that is
`confusingly similar to the MONSTER Trade Dress (the “Infringing Trade
`Dress”). Defendants use a shade of green that is almost identical to the green
`that Monster uses. Defendants also use a stylized font that is highly similar to
`Monster’s signature stylized font. For example, the Infringing Marks have a
`letter M with a middle upright that is shorter than the other uprights and one
`side upright that extends longer than the other, a letter N with an extended right-
`side upright, a crooked letter S nearly identical to Monster’s, and a letter R with
`an extended tip.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 22 of 33 Page ID #:22
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`Defendants’ use of MONSTER in combination with a stylized font and green
`and black color scheme create a strikingly similar commercial impression to that
`of the MONSTER Marks and MONSTER Trade Dress.
`38. Upon information and belief, Defendants are engaged in the design,
`manufacture, advertising, promotion, offering for sale, and sale of fishing line
`using the Infringing Marks and Infringing Trade Dress throughout the U.S.
`39. Upon information and belief, Defendants have manufactured,
`distributed, provided, marketed, advertised, promoted, offered for sale, and sold
`its fishing line using the Infringing Marks and Infringing Trade Dress through
`their online store at www.slimecatrods.com and through third-party sporting
`goods and fishing supply stores, both brick-and-mortar and online.
`40. Upon information and belief, Defendants offer and sell their fishing
`line using the Infringing Marks and Infringing Trade Dress to consumers
`interested in outdoor activities such as fishing and watersports. Monster
`similarly markets its goods and services to consumers interested in outdoor
`activities, a range of sports including fishing and watersports, as well as
`camping, apparel, and sporting events.
`41. Upon information and belief, Defendants had actual knowledge of
`Monster, the MONSTER Marks, and MONSTER Trade Dress when Defendants
`commenced
`their
`infringing activities, due
`to Monster’s decades-long,
`widespread, and continuous use of the MONSTER Marks and MONSTER
`Trade Dress in commerce and the presence of Monster’s U.S. Trademark
`Registrations on the Principal Register. Defendants have been aware of
`Monster, the MONSTER Marks, and MONSTER Trade Dress since at least as
`early as September 27, 2021 when Monster sent a letter to Defendants regarding
`their infringement, which has continued thereafter unabated.
`42. Defendants’ infringing acts as alleged herein have caused and are
`likely to cause confusion, mistake, and deception among the relevant consuming
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 23 of 33 Page ID #:23
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`public as to the source or origin of the Defendants’ fishing line and have and are
`likely to deceive the relevant consuming public into believing, mistakenly, that
`Defendants’ fishing line originates from, or is associated or affiliated with, or
`otherwise authorized by Monster.
`43. Upon information and belief, Defendants’ acts are willful and
`conducted with the deliberate intent to trade on the goodwill of Monster’s
`MONSTER Marks and MONSTER Trade Dress and cause confusion and
`deception in the marketplace.
`44. Defendants’ acts are causing, and unless restrained, will continue to
`cause damage and immediate irreparable harm to Monster and to its valuable
`reputation and goodwill with the consuming public for which Monster has no
`adequate remedy at law.
`FIRST CLAIM FOR RELIEF
`(Trademark Infringement, Trade Dress Infringement, and False
`Designation of Origin Under 15 U.S.C. § 1125(a))
`45. Monster repeats and realleges paragraphs 1 through 44 hereof, as if
`fully set forth herein.
`46. As a result of the widespread use and promotion of Monster’s
`MONSTER Marks and MONSTER Trade Dress, the marks and trade dress have
`acquired strong fame and secondary meaning to consumers and potential
`consumers, in that consumers and potential consumers have come to associate
`the MONSTER Marks and MONSTER Trade Dress with Monster.
`47. Defendants’ unauthorized use in commerce of the Infringing Marks
`and Infringing Trade Dress as alleged herein is likely to deceive consumers as to
`the origin, source, sponsorship, or affiliation of Defendants’ goods, and is likely
`to cause consumers to believe, contrary to fact, that Defendants’ goods are sold,
`authorized, endorsed, or sponsored by Monster, or that Defendants are in some
`way affiliated or sponsored by Monster.
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`Case 5:22-cv-00558 Document 1 Filed 04/01/22 Page 24 of 33 Page ID #:24
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`48. Defendants’ conduct as alleged herein constitutes false designation
`of origin, trade dress infringeme