`
`ESTTA Tracking number:
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`ESTTA1019876
`
`Filing date:
`
`12/03/2019
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91235441
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`Monster Energy Company
`
`JASON A CHAMPION
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`efiling@knobbe.com, doreen.buluran@knobbe.com, MEC.TTAB@knobbe.com
`949-760-0404
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Response to Board Order/Inquiry
`
`Jacob R. Rosenbaum
`
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`
`/Jacob R. Rosenbaum/
`
`12/03/2019
`
`2019-12-03 Opposer_s Response to Board Order - HANBEV.6332M.pdf(736503
`bytes )
`
`
`
`HANBEV.6332M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
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`Opposition No.: 91235441
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`Serial No.: 87/285915
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`Mark:
`
`
`
`) ) ) ) ) ) ) ) ) ) )
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`
`)
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`Opposer,
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`
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`v.
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`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`INTEGRATED SUPPLY NETWORK, LLC,
`
`
`
`
`
`
`Applicant.
`
`OPPOSER MONSTER ENERGY COMPANY’S RESPONSE TO BOARD ORDER
`
`Pursuant to 37 C.F.R. § 2.117(a) and Trademark Trial and Appeal Board Manual of
`
`Procedure (“T.B.M.P.”) § 510.02, and the Board’s November 1, 2019 Order (Docket No. 15),
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`Opposer Monster Energy Company (“Monster”) responds as follows:
`
`The jury trial in Civil Action No. 5:17-CV-00548-CBM-RAO (“the Lawsuit”) concluded
`
`on November 16, 2018.
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`The jury found that Integrated Supply Network, LLC (“ISN”) infringed Monster’s trade
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`dress and one or more of Monster’s registered trademarks that are at issue in this Opposition
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`proceeding. The jury also found that ISN had acted with “malice, oppression, or fraud” in
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`competing unfairly with Monster and awarded Monster $5,000,000 in punitive damages. On July
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`2, 2019, the Court entered judgment in favor of Monster Energy Company and against
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`Defendant Integrated Supply Network, LLC, in the amount of $1.00 in nominal damages and
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`- 1 -
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`$5,000,000 in punitive damages. The Lawsuit is now on appeal to the U.S. Court of Appeals for
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`the Ninth Circuit. Opposer’s initial brief on appeal was filed October 11, 2019. Applicant’s
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`response brief, and opening brief on cross appeal was filed November 12, 2019, and Opposer’s
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`response brief is due December 12, 2019.
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`Should the Board require any additional information, please contact the undersigned.
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`
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`Dated: December 3, 2019
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`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Jacob R. Rosenbaum/
`
`Steven J. Nataupsky
`
`Lynda J. Zadra-Symes
`
`Jason A. Champion
`
`Jacob R. Rosenbaum
`
`2040 Main Street, Fourteenth Floor
`
`Irvine, CA 92614
`
`(949) 760-0404
`
`efiling@knobbe.com
`Attorneys for Opposer,
`MONSTER ENERGY COMPANY
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`- 2 -
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`
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`I hereby certify that a true and complete copy of the foregoing OPPOSER MONSTER
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`CERTIFICATE OF SERVICE
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`ENERGY COMPANY’S RESPONSE TO BOARD ORDER has been served on Applicant’s
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`counsel of record on December 3, 2019 via electronic mail to:
`
`Signature:
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`Name: Doreen P. Buluran
`
`Date: December 3, 2019
`
`
`
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`31784432
`
`
`Michael T. Hess
`SEAGER TUFTE & WICKHEM LLP
`Michael.Hess@stwiplaw.com
`docketing@stwiplaw.com
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`- 3 -
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`
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