Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.1 Page 1 of 98
`
`Steven J. Nataupsky (CA SBN 155913)
`steven.nataupsky@knobbe.com
`Lynda J. Zadra-Symes (CA SBN 156511)
`lynda.zadrasymes@knobbe.com
`Matthew S. Bellinger (CA SBN 222228)
`matt.bellinger@knobbe.com
`Jacob R. Rosenbaum (CA SBN 313190)
`jacob.rosenbaum@knobbe.com
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Phone: (949) 760-0404
`Facsimile: (949) 760-9502
`Attorneys for Plaintiff
`MONSTER ENERGY COMPANY
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`
`Civil Action No.
`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.
`JIANGSU SITOUGUAI INDUSTRY
`CO., LTD., a Chinese Corporation, and
`CHANGZHOU HAIGE MICROFIBER
`TEXTILE CO., LTD., a Chinese
`Corporation,
`Defendants.
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`'22
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`CV590
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`JLB
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`LL
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.2 Page 2 of 98
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`Plaintiff Monster Energy Company (“Plaintiff” or “Monster”) hereby
`complains of Defendants Jiangsu Sitouguai Industry Co., Ltd., and Changzhou
`Haige Microfiber Textile Co., Ltd. (“Defendants”), and alleges as follows:
`I. 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, 3) state
`trademark
`infringement under California Business & Professions Code § 14245; 4) unfair
`competition arising under California Business & Professions Code §§ 17200, et
`seq., and 5) California common-law unfair competition.
`2.
`The Court has original subject matter jurisdiction over the claims
`that relate to trademark infringement, trade dress infringement, and false
`designation of origin, pursuant to 15 U.S.C. §§ 1116 and/or 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 in
`this Complaint which 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
`Defendants have a continuous, systematic, and substantial presence within this
`Judicial District and within California. Defendants sell, advertise, market and
`promote their goods and services in California, including in this Judicial
`District, and ship products offered in connection with the infringing marks to
`California, including within this Judicial District. Defendants market and
`advertise their products online in connection with the infringing marks through
`the https://4monster.com/ URL, which is available and accessible in California.
`Upon information and belief, Defendants ship products throughout the USA,
`
`
`
`-1-
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`Complaint
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.3 Page 3 of 98
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`including to California and this Judicial District. Furthermore, Defendants
`market and sell their products through ecommerce websites which are accessible
`in
`California,
`and
`this
`Judicial
`District,
`including
`https://www.amazon.com/s?me=AS1SDRZXN0OV0&marketplaceID=ATVPD
`KIKX0DER, and https://4monster.en.alibaba.com/. In addition, by committing
`acts of trademark infringement, trade dress infringement, and false designation
`of origin in this Judicial District, including, but not limited to, by using
`infringing marks and designs in connection with the advertisement, marketing,
`promotion and rendering of goods and services to customers in this Judicial
`District, Defendants’ acts form a substantial part of the events or omissions
`giving rise to Monster’s claims.
`4.
`Venue is proper in this Judicial District pursuant to 28 U.S.C.
`§ 1391(b) and (c) at least because Defendants reside in this Judicial District by
`virtue of being subject to personal jurisdiction within the Judicial District, and a
`substantial portion of the events complained of herein took place in this Judicial
`District.
`
`II. 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 Jiangsu Sitouguai Industry
`Co., Ltd., who is also known as Jiangsu 4monster Industrial Co., Ltd., is a
`corporation organized and existing under the laws of China, having a registered
`business address of Baijia Village, Niutang Town, Wujin District; Changzhou
`City; Jiangsu Province, PRC, 213163, and an actual place of business at 12th
`Floor, Chuangyan Port, Building No. 3, Science and Education City, Hutang
`Town, Wujin District, Changzhou City, Jiangsu Province, PRC, 213164.
`
`
`
`-2-
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`Complaint
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`7.
`information and belief, Defendant Changzhou Haige
`Upon
`Microfiber Textile Co., Ltd., is a corporation organized and existing under the
`laws of China, having a registered business address at Baijia Village, Niutang
`Town, Wujin District; Changzhou City; Jiangsu Province, PRC, 213163, and an
`actual business address at Xizheng North Road, Niutang Town, Wujin District,
`Changzhou City, Jiangsu Province, PRC, 213163.
`III. COMMON ALLEGATIONS FOR ALL CLAIMS OF RELIEF
`A. Monster and Its Trademarks and Trade Dress
`8. Monster is a nationwide leader in the business of developing,
`marketing, selling, and distributing beverages. Monster has achieved extensive
`exposure and widespread recognition of its MONSTER™ brand through its
`sponsorship of sports, athletes and teams, among other sponsorships. In
`addition to its numerous trademark registrations for beverages, Monster owns
`trademark registrations for promoting clothing and sports gear and bags, among
`many other goods and services.
`9.
`In 2002, long before Defendants’ acts described herein, Monster
`launched its MONSTER ENERGY® drink brand, bearing its now-famous
`MONSTER and MONSTER ENERGY® marks.
`10. Monster’s successful line of MONSTER drinks has grown to
`include numerous other well-known products, the containers and packaging of
`which are prominently marked with the MONSTER mark. The MONSTER line
`of drinks includes or has included, but is not limited to, original Monster
`Energy® and Lo-Carb Monster Energy®; Monster Assault®; Juice Monster®
`Khaos®; Juice Monster® Ripper®; Juice Monster® Pipeline Punch®; Monster
`Energy® Import; Punch Monster® Baller’s BlendTM; Punch Monster® Mad
`Dog™; Monster Energy Unleaded®; Monster Energy Absolutely Zero®; the
`Monster Energy Ultra® line of drinks, which includes or has included Monster
`Energy Zero Ultra®, Monster Energy Ultra Blue®, Monster Energy Ultra Red®,
`
`
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`Monster Energy Ultra Black®, Monster Energy Ultra Citron®, Monster Energy
`Ultra Sunrise®, Monster Energy Ultra Paradise®, and Monster Energy Ultra
`Violet®; Monster Cuba-Lima®; Ubermonster® (a bio-activated non-alcoholic
`energy brew produced using brewing technology which converts sugar into
`organic acids); Monster Rehab®, which has been rebranded to Rehab®
`Monster™ (a line of non-carbonated energy drinks, which includes or has
`included Rehab® Monster™ Lemonade, Rehab® Monster™ Strawberry
`Lemonade, Rehab® Monster™ Peach Tea, Rehab® Monster™ Orangeade and
`Rehab® Monster™ Raspberry Tea); Java Monster® (a line of dairy based coffee
`plus energy drinks); Muscle Monster® (a line of energy shakes); Monster
`Energy Extra Strength Nitrous Technology®, which has been rebranded as
`Monster Maxx® (a line of energy drinks with a blend of nitrous oxide and
`carbon dioxide to create a smoother energy drink); Caffé Monster®; Espresso
`Monster®; Monster Hydro®; and Monster Dragon Tea®, among others (referred
`to collectively as “MONSTER line of drinks”).
`11. Monster is also the owner of numerous trademark registrations for
`marks that incorporate its famous MONSTER Mark and/or MONSTER
`ENERGY® Mark,
`for use
`in connection with beverages, nutritional
`supplements, clothing, bags, and other products and services, including the
`following U.S. Trademark Registrations:
`
`MARK
`
`REG. NO. GOODS/SERVICES
`3,923,683 All purpose sport bags; all-
`purpose carrying bags;
`backpacks; duffle bags
`
`REG.
`DATE
`DATE
`FILED
`04/02/2009 02/22/2011
`
`
`
`
`
`3,908,601 Clothing, namely, t-shirts,
`hooded shirts and hooded
`sweatshirts, sweat shirts,
`jackets, pants, bandanas,
`
`04/02/2009 01/18/2011
`
`
`
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.6 Page 6 of 98
`
`
`DATE
`FILED
`
`REG.
`DATE
`
`11/16/2015 08/28/2018
`
`02/12/2016 08/28/2018
`
`MARK
`
`MONSTER
`ARMY
`
`
`
`REG. NO. GOODS/SERVICES
`sweat bands and gloves;
`headgear, namely, hats and
`beanies
`5,551,192 Clothing, namely, tops,
`shirts, t-shirts, hooded
`shirts, sweat shirts, and
`jackets
`
`Providing a web site
`featuring entertainment
`information and news on
`athletes; organizing and
`conducting educational
`programs and activities in
`the nature of classes,
`workshops, and sports
`competitions for athletes in
`the field of athlete
`development; athlete
`development program,
`namely, athlete training and
`mentoring in the field of
`wake, ski, surf, snowboard,
`motocross, mountain bike,
`BMX, and skate
`5,551,230 Clothing, namely, tops,
`shirts, t-shirts, hooded
`shirts, sweat shirts, and
`jackets
`
`Providing a web site
`featuring entertainment
`information and news on
`athletes; organizing and
`conducting educational
`programs and activities in
`the nature of classes,
`workshops, and sports
`
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.7 Page 7 of 98
`
`
`REG. NO. GOODS/SERVICES
`competitions for athletes in
`the field of athlete
`development; athlete
`development program,
`namely, athlete training and
`mentoring in the field of
`wake, ski, surf, snowboard,
`motocross, mountain bike,
`BMX, and skate
`3,908,600 Stickers; sticker kits
`comprising stickers and
`decals; decals
`3,914,828 Sports helmets
`
`4,332,062 Silicone wrist bands;
`silicone bracelets; jewelry,
`namely, bracelets and
`wristbands
`4,660,598 Lanyards; Lanyards for
`holding whistles, keys,
`eyeglasses, sunglasses,
`mobile telephones, badges,
`identification cards, event
`passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences
`Nutritional supplements in
`liquid form, but excluding
`perishable beverage
`products that contain fruit
`juice or soy, whether such
`products are pasteurized or
`not
`4,036,680 Nutritional supplements in
`liquid form
`
`3,044,315
`
`DATE
`FILED
`
`REG.
`DATE
`
`04/02/2009 01/18/2011
`
`04/02/2009 02/01/2011
`
`10/05/2012 05/07/2013
`
`08/26/2013
`
`
`12/23/2014
`
`05/23/2003 01/17/2006
`
`09/11/2007 10/11/2011
`
`-6-
`
`Complaint
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`
`
`MARK
`
`
`
`
`
`
`
`
`
`MONSTER
`ENERGY
`
`
`
`MONSTER
`ENERGY
`
`
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.8 Page 8 of 98
`
`
`REG.
`DATE
`DATE
`FILED
`07/06/2010 04/17/2012
`
`08/24/2011 03/13/2012
`
`09/11/2007 10/11/2011
`
`04/18/2002 02/07/2006
`
`MARK
`MONSTER
`REHAB
`
`MONSTER
`REHAB
`
`MONSTER
`ENERGY
`
`MONSTER
`ENERGY
`
`REG. NO. GOODS/SERVICES
`4,129,288 Nutritional supplements in
`liquid form
`
`Beverages, namely, non-
`alcoholic non-carbonated
`drinks enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids and/or herbs; non-
`carbonated energy or
`sports drinks, fruit juice
`drinks having a juice
`content of 50% or less by
`volume that are shelf-
`stable; all the foregoing
`goods exclude perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`4,111,964 Ready to drink tea, iced tea
`and tea based beverages;
`ready to drink flavored tea,
`iced tea and tea based
`beverages
`4,036,681 Non-alcoholic beverages,
`namely, energy drinks,
`excluding perishable
`beverage products that
`contain fruit juice or soy
`3,057,061 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
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.9 Page 9 of 98
`
`
`DATE
`FILED
`
`REG.
`DATE
`
`11/15/2013 11/04/2014
`
`12/08/2005 05/10/2011
`
`MARK
`
`MONSTER
`ASSAULT
`
`JAVA
`MONSTER
`
`REG. NO. GOODS/SERVICES
`and/or herbs, but excluding
`perishable beverage
`products that contain fruit
`juice or soy, whether such
`products are pasteurized or
`not
`4,634,053 Nutritional supplements in
`liquid form; vitamin
`fortified beverages
`
`Non-alcoholic beverages,
`namely, energy drinks,
`energy drinks flavored
`with juice, sports drinks,
`all enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids, and/or herbs, but
`excluding perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`3,959,457 Beverages, namely, soft
`drinks; non-carbonated
`energy drinks; non-
`carbonated sports drinks;
`soft drinks and non-
`carbonated energy drinks,
`all 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
`
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.10 Page 10 of 98
`
`
`REG.
`DATE
`DATE
`FILED
`05/23/2003 01/17/2006
`
`02/13/2009 09/28/2010
`
`05/07/2003 08/29/2006
`
`07/02/2010 07/30/2013
`
`MARK
`M
`MONSTER
`ENERGY
`
`LO-CARB
`MONSTER
`ENERGY
`
`M
`MONSTER
`ENERGY
`
`MUSCLE
`MONSTER
`
`3,134,842
`
`
`REG. NO. GOODS/SERVICES
`3,044,314 Nutritional supplements in
`liquid form, but excluding
`perishable beverage
`products that contain fruit
`juice or soy, whether such
`products are pasteurized or
`not
`3,852,118 Nutritional supplements
`
`Non-alcoholic beverages,
`namely, energy drinks,
`drinks enhanced with
`vitamins, minerals,
`nutrients, amino acids
`and/or herbs
`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
`4,376,796 Nutritional supplements in
`liquid form
`
`beverages, namely, soft
`drinks; non-alcoholic and
`non-carbonated drinks
`
`1 2 3 4 5 6 7 8 9
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`

`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.11 Page 11 of 98
`
`
`DATE
`FILED
`
`REG.
`DATE
`
`07/10/2013 12/17/2013
`
`02/24/2012 04/07/2015
`
`06/12/2014 09/05/2017
`
`MARK
`
`MUSCLE
`MONSTER
`
`JUICE
`MONSTER
`
`MONSTER
`ENERGY
`ULTRA
`
`REG. NO. GOODS/SERVICES
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; non-
`carbonated energy or sports
`drinks; all the foregoing
`goods exclude perishable
`beverage products that
`contain fruit juice or soy,
`whether such products are
`pasteurized or not
`4,451,535 Vitamin fortified beverages
`
`dairy-based beverages;
`dairy-based energy shakes;
`energy shakes; coffee
`energy shakes; chocolate
`energy shakes
`4,716,750 Nutritional supplements in
`liquid form
`
`Non-alcoholic beverages,
`namely, energy drinks and
`drinks enhanced with
`vitamins, minerals,
`nutrients, amino acids
`and/or herbs, but excluding
`perishable beverage
`products that contain fruit
`juice or soy
`5,281,559 Nutritional supplements in
`liquid form
`
`Non-alcoholic beverages,
`namely, carbonated soft
`drinks, carbonated energy
`drinks, sports drinks, and
`soft drinks; energy drinks
`
`1 2 3 4 5 6 7 8 9
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.12 Page 12 of 98
`
`
`MARK
`
`DATE
`FILED
`
`REG.
`DATE
`
`UBER-
`MONSTER
`
`4,234,456
`
`
`07/09/2010 10/30/2012
`
`REG. NO. GOODS/SERVICES
`and sports drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids
`and/or herbs
`Nutritional supplements in
`liquid form;
`
`Beverages, namely,
`carbonated soft drinks;
`nonalcoholic carbonated
`soft drinks and energy
`drinks enhanced with
`vitamins, minerals,
`nutrients, proteins, amino
`acids and/or herbs;
`carbonated energy drinks
`and sports drinks; all the
`foregoing goods exclude
`perishable beverage
`products that contain fruit
`juice or soy, whether such
`products are pasteurized or
`not
`4,865,702 Nutritional supplements in
`liquid form;
`
`Non-alcoholic beverages,
`namely, carbonated soft
`drinks; carbonated drinks
`enhanced with vitamins,
`minerals, nutrients,
`proteins, amino acids
`and/or herbs; carbonated
`energy drinks and sports
`drinks
`12. Attached hereto as Exhibits 1-25 are true and correct copies of
`Monster’s trademark registrations identified in paragraph 11 of this Complaint,
`which are hereby incorporated by reference. Collectively, those registrations
`
`02/02/2015 12/08/2015
`
`
`
`
`
`-11-
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`Case 3:22-cv-00590-LL-JLB Document 1 Filed 04/27/22 PageID.13 Page 13 of 98
`
`
`and trademarks, including all common law rights therein, are referred to as the
`“MONSTER Marks.”
`13. Pursuant to 15 U.S.C. § 1065, U.S. Trademark Registration Nos.
`3,908,601, 3,914,828, 4,322,062, 3,044,315, 4,036,680, 4,129,288, 4,111,964,
`4,036,681, 3,057,061, 4,634,053, 3,959,457, 3,044,314, 3,852,118, 3,134,842,
`4,367,796, 4,451,535, 4,716,750, and 4,234,456 are incontestable.
`14. Monster also owns California Registration No. 108124 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 32,
`which registered on April 24, 2002. This registration is valid and subsisting,
`having been renewed on April 24, 2012 and on April 24, 2017. Attached hereto
`as Exhibit 26 is a true and correct copy of the registration.
`15.
`In addition to its trademark registrations, since 2002, Monster has
`consistently used a distinctive trade dress in the way it presents its products in
`both its packaging and promotional materials using the combination of the
`colors green and black with the word “Monster” (the “MONSTER Trade
`Dress”). One example of Monster’s use of the MONSTER Trade Dress is
`shown below:
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`16. Long before Defendant’s acts described herein, Monster has used
`or licensed the use of its MONSTER Marks and/or MONSTER Trade Dress in
`connection with bags, towels, blankets, sporting equipment, clothing, clothing
`accessories, gloves, helmets, stickers and decals, headgear, wristbands, beverages,
`and promotion of goods and services in the sports and fitness industries, as well as
`many other goods and services. Examples of bags, towels, blankets, clothing, and
`other products bearing Monster’s MONSTER Marks and MONSTER Trade
`Dress are shown below:
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`17. There is a large demand for bags, towels, blankets, gear, clothing,
`and other merchandise bearing Monster’s MONSTER Marks and MONSTER
`Trade Dress. Monster has entered into license agreements with several
`manufacturers, granting them a license to produce and sell bags, clothing, and
`other products that bear Monster’s MONSTER Marks and MONSTER Trade
`Dress. In the United States, Monster’s licensees have sold licensed goods bearing
`Monster’s MONSTER Marks and MONSTER Trade Dress to consumers in all 50
`states through their own websites and through nationwide retailers. These
`licensees also sell the licensed products bearing the MONSTER Marks and
`MONSTER Trade Dress throughout the world including on websites, in retail
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`stores, and at events.
`18. 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 over $9.8 billion dollars in advertising,
`promoting, and marketing its MONSTER brand and MONSTER Trade Dress.
`19. Monster’s marketing includes, among other things, sponsorship and
`promotion of athletes, music festivals, sports events, and other live events that
`are televised nationwide and internationally and that prominently feature the
`MONSTER Marks. Monster’s sponsored athletes and musicians, which include
`or have included, Tiger Woods (professional golfer), Conor McGregor (MMA
`athlete), Lewis Hamilton (Formula 1 driver), Excision (DJ) and Ricky
`Carmichael (motocross/supercross athlete), are frequently seen using towels,
`bags, and/or other items bearing the MONSTER Marks.
`20. Monster’s MONSTER Marks, and MONSTER Trade Dress were
`also marketed and promoted while prominently displayed on the Las Vegas
`monorail (the “Monster Train”). In 2003, Monster engaged in a massive
`advertising campaign in connection with its sponsorship of the Monster Train,
`which prominently featured the MONSTER Mark and MONSTER Trade Dress.
`The Monster Train was featured in The Wall Street Journal, Time and USA
`Today in 2003, and these articles were read by an estimated 32 million people in
`the U.S. In addition, television and internet reports that discussed the Las Vegas
`Monster Train reached another 70 million readers, and television and radio
`promotions were circulated to approximately 36 million people in the U.S.
`21. Monster’s MONSTER line of drinks has achieved substantial
`commercial success. Since 2002, Monster has sold more than 40 billion cans of
`its MONSTER line of drinks worldwide, which has totaled over $88 billion in
`estimated retail revenue. Monster’s MONSTER brand has established itself as
`the best-selling energy drink brand in the United States by unit volume and
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`dollar value. While Monster continues to expand its successful MONSTER line
`of drinks, Monster’s best-selling drink is still the original Monster Energy®,
`which prominently features the colors green and black.
`22. As a result of Monster’s substantial use and promotion of its
`MONSTER Marks and MONSTER Trade Dress, the marks and trade dress have
`acquired great value as specific identifiers of Monster’s products and services
`and serve to identify and distinguish Monster’s MONSTER products and
`services from those of others. Customers in this Judicial District and elsewhere
`readily recognize Monster’s MONSTER Marks and MONSTER Trade Dress as
`distinctive designations of the origin of Monster’s MONSTER and MONSTER
`ENERGY® brand of products, services and promotional items. The MONSTER
`Marks and MONSTER Trade Dress are intellectual property assets of enormous
`value as symbols of Monster and its quality products, services, reputation, and
`goodwill.
`B. Defendants’ Infringing Activities
`23. Defendants are engaged in the business of producing, distributing,
`marketing, and/or selling bags, towels, blankets, clothing and related goods, as
`well as other products.
`24. Upon information and belief, Defendants also own and operate the
`website https://4monster.com/.
`25. Defendant Jiangsu Sitouguai Industrial Co., Ltd. is the owner and
`operator of the ecommerce store https://4monster.en.alibaba.com/ located at
`Alibaba.com, which is accessible in the United States and in this Judicial
`District.
`26. Defendant Changzhou Haige Microfiber Textile Co., Ltd. is the
`owner
`and
`operator
`of
`the
`ecommerce
`store
`https://www.amazon.com/s?me=AS1SDRZXN0OV0&marketplaceID=ATVPD
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`KIKX0DER located at Amazon.com, which is accessible in the United States
`and this Judicial District.
`27. Without permission or consent from Monster, Defendants have
`sold and are offering for sale goods using a trademark that is confusingly similar
`to one or more of the MONSTER Marks and/or the MONSTER Trade Dress.
`Defendants’ infringing mark is comprised of the word MONSTER with the
`number 4. Defendants’ 4MONSTER mark and all variations thereof used by
`Defendants are referred to herein as the “4MONSTER Mark.” Defendants also
`frequently use the color combination of green and black in connection with their
`infringing 4MONSTER Mark.
`28. Some examples of Defendants’ products bearing the infringing
`4MONSTER Mark and associated trade dress, all of which are currently
`advertised on Defendants’ website, https://4monster.com/, are shown below:
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`29. Defendants’ products are sold and marketed to consumers in the
`United States and in this Judicial District on the website https://4monster.com/,
`and on Defendants’ ecommerce stores https://4monster.en.alibaba.com/ and
`https://www.amazon.com/s?me=AS1SDRZXN0OV0&marketplaceID=ATVPD
`KIKX0DER.
`30. As shown above, Defendants’ trademark and trade dress are
`confusingly similar to Monster’s MONSTER Marks and MONSTER Trade
`Dress. Like Monster, Defendants incorporate the word MONSTER in the color
`combination green and black. Adding to the confusion is the fact that
`Defendants use a nearly identical shade of green to the shade of green used by
`Monster.
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`31. On August 18, 2017, Defendant Jiangsu Sitouguai Industry, co.
` for
`Ltd., filed U.S. Application Serial No. 87/573,926 for the mark
`“bags for climbers in the nature of all-purpose carrying bags; bags for sports;
`beach bags; garment bags for travel; knapsacks; pouch baby carriers; school
`bags; travelling bags; vanity cases, not fitted; all-purpose carrying bags for use
`by campers; business card cases; mesh shopping bags; name card cases;
`reusable shopping bags; textile shopping bags” in Class 18, and “elastic fabrics
`for clothing; fabrics for textile use; handkerchiefs of textile; jersey fabrics for
`clothing; knitted fabrics; labels of textile for identifying clothing; mosquito nets;
`pet blankets; textile fabrics for use in making clothing and household
`furnishings; towels of textile; travelling blankets; curtain loops of textile
`material; face towels of textiles” in Class 24, claiming a first use date of January
`1, 2017.
`32. The mark published for opposition on March 26, 2019, and
`Monster filed an opposition with the Trademark Trial and Appeal Board (the
`“Board”) on May 24, 2019, alleging likelihood of confusion based on Monster’s
`trademark registrations and common law rights.
`33. On August 4, 2019, the Board suspended proceedings and informed
`Defendant Jiangsu Sitouguai Industry, co. Ltd. of its obligation to secure U.S.
`counsel to represent it during the proceeding.
`34. On November 13, 2019, the Board issued an order requiring
`Defendant Jiangsu Sitouguai Industry, co. Ltd. to show cause as to why the
`Board should not enter judgment in Monster’s favor in view of Defendant
`Jiangsu Sitouguai Industry, co. Ltd.’s failure to appoint U.S. counsel or
`otherwise respond to the Board’s August 4, 2019, order.
`35. On August 31, 2020, having received no response from Defendant
`Jiangsu Sitouguai Industry, co. Ltd., the Board entered judgement in favor of
`Monster.
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`36. Defendants continued their infringing actions after the Board
`entered judgment in favor of Monster, and on November 10, 2020, Monster sent
`a letter demanding that Jiangsu Sitouguai Industry, co. Ltd. cease its infringing
`actions. Defendants did not respond to Monster’s letter, and on December 8,
`2020, Monster sent a follow up letter which, again went unanswered.
`37. On August 3, 2021, Monster made yet another attempt to reach
`Defendants through local counsel in China, who personally served a demand
`letter on Defendant Jiangsu Sitouguai Industry, co. Ltd. Upon receipt,
`Defendant Jiangsu Sitouguai Industry, co. Ltd. confirmed they would not agree
`to Monster’s demands in the letter.
`38. Thus, Defendants have been aware of Monster’s MONSTER
`Marks and MONSTER Trade Dress since at least as early as May 24, 2019,
`when Monster filed its Notice of Opposition. Despite having actual knowledge
`of Monster’s MONSTER Marks and MONSTER Trade Dress, Defendants have
`refused to cease their infringing conduct.
`39. Without permission or consent from Monster, Defendants have
`infringed Monster’s MONSTER Marks and MONSTER Trade Dress in
`interstate commerce by making, using, promoting, advertising, selling, and/or
`offering to sell various products using the 4MONSTER Mark, and by using the
`word MONSTER in combination with the colors green and black, which are
`confusingly similar to Monster’s MONSTER Marks and MONSTER Trade
`Dress.
`40. Upon information and belief, Defendants’ actions alleged herein
`are intended to cause confusion, mistake, or deception as to the source of
`Defendants’ products and services and are intended to cause consumers and
`potential customers to believe that Defendants’ business, and the goods and
`services that Defendants offer, are associated with Monster or Monster’s family
`of products when they are not.
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`41. By virtue of the acts complained of herein, Defendants have
`created a likelihood of injury to Monster’s business reputation and goodwill,
`caused a likelihood of consumer confusion, mistake, and deception as to the
`source, origin or relationship of Monster and Defendants or Monster’s and
`Defendants’ goods by using the 4MONSTER Mark and by using without
`Monster’s permission or consent the word MONSTER in combination with the
`colors green and black, which are confusingly similar to Monster’s MONSTER
`Marks and MONSTER Trade Dress.
`42. Upon information and belief, Defendants’ acts complained of
`herein are willful and deliberate.