Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1092374
`
`Filing date:
`
`10/30/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91264937
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Black Wave Adventures, LLC
`
`DOUGLAS P. LALONE
`FISHMAN STEWART PLLC
`800 TOWER DRIVE, SUITE 610
`TROY, MI 48098
`UNITED STATES
`Primary Email: tmdocketing@fishstewip.com
`Secondary Email(s): matherton@fishstewip.com, dlalone@fishstewip.com
`248-594-0650
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Answer
`
`Douglas P. LaLone
`
`DLaLone@fishstewip.com, MAtherton@fishstewip.com, NThur-
`man@fishstewip.com, docketing@fishstewip.com
`
`Signature
`
`Date
`
`/Douglas P. LaLone/
`
`10/30/2020
`
`Attachments
`
`R1793338.PDF(4041962 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`Opposer,
`
`
`v.
`
`
`
`BLACK WAVE ADVENTURES, LLC,
`
`
`
`Applicant.
`________________________________________
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`/
`
`Opposition No. 91264937
`Application No. 88/533701
`Mark: POST MONSTER
`
`
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Applicant BLACK WAVE ADVENTURES, LLC (“Applicant”), by and through its
`
`attorneys identified below, for its Answer to the Notice of Opposition from Opposer MONSTER
`
`ENERGY COMPANY (“Opposer”), states as follows:
`
`To the extent the cover sheet of the Opposition is deemed to contain allegations requiring
`
`a response, Applicant denies these allegations. With regard to the unnumbered paragraph,
`
`Applicant denies that Opposer will be damaged by registration of Application No. 88/533701 (the
`
`“Application”). Applicant admits that the Application for the mark POST MONSTER
`
`(“Applicant’s Mark”) was filed by Black Wave Adventures, LLC. With regard to the remaining
`
`allegations of the unnumbered paragraph, Applicant has insufficient information to admit or deny
`
`the allegations, and therefore denies such allegations. To the extent not explicitly admitted, all
`
`allegations in the Opposition are denied.
`
`1.
`
`With regard to the allegations of numbered paragraph 1, Applicant admits that the
`
`Application was filed on July 24, 2019 for goods and services in Classes 9, 35, and 42. The goods
`
`and services included in the Application at the time of filing, on July 24, 2019, were as follows:
`
`
`
`1
`
`

`

`• Class 9: Software for providing digital marketing services, placement of
`
`advertisements, managing advertisements; downloadable software for placing,
`
`managing, creating and monitoring advertisements; downloadable software to
`
`control digital advertising; downloadable computer software for managing and
`
`sourcing digital media.
`
`• Class 35: digital marketing services; marketing services; advertising and marketing
`
`consultancy.
`
`• Class 42: non-downloadable software for placing, managing, creating and
`
`monitoring advertisements; software as a service; platform as a service; non-
`
`downloadable software that provides strategic geo-allocation of marketing dollars;
`
`non-downloadable software for placing advertisements based on geographic
`
`location of others; cloud-based digital marketing solutions.
`
`Applicant denies that its Application currently recites or has ever recited DVDs of any kind, and
`
`therefore denies the remaining allegations of numbered paragraph 1.
`
`2.
`
`With regard to the allegations of numbered paragraph 2, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`3.
`
`With regard to the allegations of numbered paragraph 3, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`4.
`
`With regard to the allegations of numbered paragraph 4, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`5.
`
`With regard to the allegations of numbered paragraph 5, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`
`
`2
`
`

`

`6.
`
`With regard to the allegations of numbered paragraph 6, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`7.
`
`With regard to the allegations of numbered paragraph 7, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`8.
`
`With regard to the allegations of numbered paragraph 8, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations.
`
`9.
`
`With regard to the allegations of numbered paragraph 9, Applicant has insufficient
`
`knowledge to be able to admit or deny such allegations, and therefore denies such allegations. To
`
`the extent that it appears that Applicant is asserting a California trademark registration in this
`
`proceeding (California Reg. No. 108, 124), such registration is irrelevant. Applicant vehemently
`
`denies that Opposer’s marks are famous.
`
`10.
`
`Applicant admits Opposer is the record owner of the registrations cited in numbered
`
`paragraph 10; however, Applicant denies that Opposer’s registrations are relevant to this
`
`Opposition proceeding. Applicant lacks sufficient information and belief to admit or deny the
`
`remaining allegations of paragraph 10 of the Opposition and on that ground denies them.
`
`11.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`5,820,689 (the “’689 Registration”) for the mark MONSTER ENERGY for “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; “Beverageware; insulated beverage
`
`containers for domestic use; bottles, sold empty; drinking bottles for sports; water bottles sold
`
`empty; bottle openers” in International Class 21; “Lanyards; lanyards for holding whistles, keys,
`
`
`
`3
`
`

`

`badges, identification cards, event passes, media passes, photographs, recording equipment, or
`
`similar conveniences; tents” in International Class 22; “Towels; blankets for outdoor use“ in
`
`International Class 24; “Clothing, namely, tops, shirts, t-shirts, sweat shirts, jackets, bottoms,
`
`pants, bandanas, sweat bands, gloves; headwear; hats; beanies” in International Class 25; and,
`
`“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. The ’689
`
`Registration issued on July 30, 2019, with a filing date of January 15, 2019. Applicant denies that
`
`the ’689 Registration is relevant to this Opposition proceeding. Applicant admits that the ’689
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 11 of the Opposition and on that ground
`
`denies them.
`
`12.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`5,826,919 (the “’919 Registration”) for the mark JAVA MONSTER for “cameras; headphones;
`
`sunglasses; eyewear; cases for sunglasses and eyewear” in International Class 9, “sports bags; gym
`
`bags; athletic bags; traveling bags; all-purpose carrying bags; backpacks” in International Class
`
`18, “beverageware; insulated beverage containers for domestic use; heat-insulated containers for
`
`beverages” in International Class 21, and “tops being clothing; shirts; t-shirts; sweat shirts; jackets”
`
`in International Class 25, which registration issued August 6, 2019 with a filing date of January
`
`16, 2019. Applicant denies that the ’919 Registration is relevant to this Opposition proceeding.
`
`Applicant admits that the ’919 Registration was filed prior to the Application. Applicant lacks
`
`sufficient information and belief to admit or deny the remaining allegations of paragraph 12 of the
`
`Opposition and on that ground denies them.
`
`
`
`4
`
`

`

`13.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,914,828 (the “’828 Registration”) for
`
` “sports helmets” in International Class 9, which
`
`registration issued February 1, 2011 with a filing date of April 2, 2009. Applicant denies that the
`
`’828 Registration is relevant to this Opposition proceeding. Applicant admits that the ’828
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 13 of the Opposition and on that ground
`
`denies them.
`
`14.
`
`Applicant admits Opposer is record owner of U.S. Trademark Registration No.
`
`5,570,782 (the “’782 Registration”) for the mark
`
` for “sport helmets; video
`
`recordings featuring sports, extreme sports and motor sports” in International Class 9,
`
`“watches” in International Class 14, “stickers, sticker kits comprising stickers and decals;
`
`decals; posters; calendars” in International Class 16, “all-purpose sport bags; all-purpose
`
`carrying bags; backpacks; duffel bags” in International Class 18, and “clothing, namely, t-
`
`shirts, hooded shirts and hooded sweatshirts; sweat shirts, jackets, pants, bandanas, sweat
`
`bands, gloves and motorcycle gloves; headgear, namely, hats and beanies” in International
`
`Class 25, which registration issued September 25, 2018 with a filing date of May 17, 2018.
`
`Applicant denies that the ’782 Registration is relevant to this Opposition proceeding. Applicant
`
`admits that the ’782 Registration was filed prior to the Application. Applicant lacks sufficient
`
`information and belief to admit or deny the remaining allegations of paragraph 14 of the
`
`Opposition and on that ground denies them.
`
`
`
`5
`
`

`

`15.
`
`Applicant admits Opposer is record owner of U.S. Trademark Registration No.
`
`5,820,870 (the “’870 Registration”) for the mark
`
` for “Furniture; chairs; gaming chairs”
`
`in International Class 20, “Entertainment services, namely, providing online video games and
`
`providing temporary use of non-downloadable video games, computer games, electronic games,
`
`and interactive games; sponsoring tournaments and arranging contests featuring online gaming;
`
`providing a web-based system and on-line portal for customers to participate in online gaming
`
`operation, and coordination of game tournaments, leagues, and tours for recreational computer
`
`game playing purposes; entertainment services, namely, providing a website for online gaming;
`
`providing a website featuring information about online gaming and online gaming professionals;
`
`entertainment services in the nature of sporting events, performances and competitions, electronic
`
`sporting events and competitions, and music performances and events; providing a web site
`
`featuring entertainment information and news on athletes” in International Class 41, which
`
`registration issued July 30, 2019 with a filing date of January 16, 2019. Applicant denies that the
`
`’870 Registration is relevant to this Opposition proceeding. Applicant admits that the ’870
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 15 of the Opposition and on that ground
`
`denies them.
`
`16.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,660,598 for the mark
`
` for “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, which
`
`
`
`6
`
`

`

`registration issued on December 23, 2014 with a filing date of August 26, 2013. Applicant denies
`
`that the ’598 Registration is relevant to this Opposition proceeding. Applicant admits that the ’598
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 16 of the Opposition and on that ground
`
`denies them.
`
`17.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,908,601 (the “’601 Registration”) for the mark
`
` for “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, which registration issued January
`
`18, 2011 with a filing date of April 2, 2009. Applicant denies that the ’601 Registration is relevant
`
`to this Opposition proceeding. Applicant admits that the ’601 Registration was filed prior to the
`
`Application. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 17 of the Opposition and on that ground denies them.
`
`18.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`5,551,192 (the “’192 Registration”) for the mark MONSTER ARMY for “clothing, namely, tops,
`
`shirts, T-shirts, hooded shirts, sweat shirts, and jackets” in International Class 25 and for
`
`“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”” in International Class 41, which registration issued on August
`
`28, 2018 with a filing date of November 16, 2015. Applicant denies that the ’192 Registration is
`
`
`
`7
`
`

`

`relevant to this Opposition proceeding. Applicant admits that the ’192 Registration was filed prior
`
`to the Application. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 18 of the Opposition and on that ground denies them.
`
`19.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,923,683 (the “’683 Registration”) for the mark
`
` for “all purpose sport bags; all-purpose
`
`carrying bags; backpacks; duffle bags” in International Class 18, which registration issued on
`
`February 22, 2011 with a filing date of April 2, 2009. Applicant denies that the ’683 Registration
`
`is relevant to this Opposition proceeding. Applicant admits that the ’683 Registration was filed
`
`prior to the Application. Applicant lacks sufficient information and belief to admit or deny the
`
`remaining allegations of paragraph 19 of the Opposition and on that ground denies them.
`
`20.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,908,600 (the “’600 Registration”) for the mark
`
` for “stickers; sticker kits comprising
`
`stickers and decals; decals” in International Class 16, which registration issued on January 18,
`
`2011 with a filing date of April 2, 2009. Applicant denies that the ’600 Registration is relevant to
`
`this Opposition proceeding. Applicant admits that the ’600 Registration was filed prior to the
`
`Application. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 20 of the Opposition and on that ground denies them.
`
`21.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`5,661,940 (the “’940 Registration”) for the mark MONSTER ENERGY® for “stickers; sticker kits
`
`comprising stickers and decals; decals; posters; calendars; money clips; blackboards; temporary
`
`
`
`8
`
`

`

`tattoo transfers; pens; writing utensils; advertising signs of cardboard and paper” in International
`
`Class 16, which registration issued on January 22, 2019 with a filing date of October 19, 2016.
`
`Applicant denies that the ’940 Registration is relevant to this Opposition proceeding. Applicant
`
`admits that the ’940 Registration was filed prior to the Application. Applicant lacks sufficient
`
`information and belief to admit or deny the remaining allegations of paragraph 21 of the
`
`Opposition and on that ground denies them.
`
`22.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,332,062 (the “’062 Registration”) for the mark
`
`for “silicone wrist bands; silicone
`
`bracelets; jewelry, namely, bracelets and wristbands” in International Class 14, which registration
`
`issued on May 7, 2013 with a filing date of October 5, 2012. Applicant denies that the ’062
`
`Registration is relevant to this Opposition proceeding. Applicant admits that the ’062 Registration
`
`was filed prior to the Application. Applicant lacks sufficient information and belief to admit or
`
`deny the remaining allegations of paragraph 22 of the Opposition and on that ground denies them.
`
`23.
`
`Applicant admits Opposeris the record owner of U.S. Trademark Registration No.
`
`4,865,702 (the “’702 Registration”) for the mark
`
`for “nutritional supplements in liquid
`
`form” in International Class 5 and “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” in International Class 32, which registration issued on
`
`December 8, 2015 with a filing date of February 2, 2015. Applicant denies that the ’702
`
`Registration is relevant to this Opposition proceeding. Applicant admits that the ’702 Registration
`
`
`
`9
`
`

`

`was filed prior to the Application. Applicant lacks sufficient information and belief to admit or
`
`deny the remaining allegations of paragraph 23 of the Opposition and on that ground denies them.
`
`24.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,044,315 (the “’315 Registration”) for the mark MONSTER ENERGY® for “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, which registration
`
`issued on January 17, 2006 with a filing date of May 23, 2003. Applicant denies that the ’315
`
`Registration is relevant to this Opposition proceeding. Applicant admits that the ’315 Registration
`
`was filed prior to the Application. Applicant lacks sufficient information and belief to admit or
`
`deny the remaining allegations of paragraph 24 of the Opposition and on that ground denies them.
`
`25.
`
`Applicant admits the Opposer is the record owner of U.S. Trademark Registration
`
`No. 4,036,681 (the “’681 Registration”) for the mark MONSTER ENERGY® for “non-alcoholic
`
`beverages, namely, energy drinks, excluding perishable beverage products that contain fruit juice
`
`or soy” in International Class 32, which registration issued on October 11, 2011 with a filing date
`
`of September 11, 2007. Applicant denies that the ’681 Registration is relevant to this Opposition
`
`proceeding. Applicant admits that the ’681 Registration was filed prior to the Application.
`
`Applicant lacks sufficient information and belief to admit or deny the remaining allegations of
`
`paragraph 25 of the Opposition and on that ground denies them.
`
`26.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,057,061 (the “’061 Registration”) for the mark MONSTER ENERGY for “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
`
`
`
`10
`
`

`

`pasteurized or not” in International Class 32, which registration issued on February 7, 2006 with a
`
`filing date of April 18, 2002. Applicant denies that the ’061 Registration is relevant to this
`
`Opposition proceeding. Applicant admits that the ’061 Registration was filed prior to the
`
`Application. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 26 of the Opposition and on that ground denies them.
`
`27.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,634,053 (the “’053 Registration”) for the mark MONSTER ASSAULT for “nutritional
`
`supplements in liquid form; vitamin fortified beverages” in International Class 5 and “nonalcoholic
`
`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” in
`
`International Class 32, which registration issued on November 4, 2014 with a filing date of
`
`November 15, 2013. Applicant denies that the ’053 Registration is relevant to this Opposition
`
`proceeding. Applicant admits that the ’053 Registration was filed prior to the Application.
`
`Applicant lacks sufficient information and belief to admit or deny the remaining allegations of
`
`paragraph 27 of the Opposition and on that ground denies them.
`
`28.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,959,457 (the “’457 Registration”) for the mark JAVA MONSTER for “beverages, namely, soft
`
`drinks; non-carbonated energy drinks; non-carbonated sports drinks; soft drinks and
`
`noncarbonated 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” in International Class 32, which registration issued on May 10,
`
`2011 with a filing date of December 8, 2005. Applicant denies that the ’457 Registration is
`
`
`
`11
`
`

`

`relevant to this Opposition proceeding. Applicant admits that the ’457 Registration was filed prior
`
`to the Application. Applicant lacks sufficient information and belief to admit or deny the
`
`remaining allegations of paragraph 28 of the Opposition and on that ground denies them.
`
`29.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,044,314 (the “’314 Registration”) for the mark M MONSTER ENERGY for “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, which registration
`
`issued on January 17, 2006 with a filing date of May 23, 2003. Applicant denies that the ’314
`
`Registration is relevant to this Opposition proceeding. Applicant admits that the ’314 Registration
`
`was filed prior to the Application. Applicant lacks sufficient information and belief to admit or
`
`deny the remaining allegations of paragraph 29 of the Opposition and on that ground denies them.
`
`30.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,852,118 (the “’118 Registration”) for the mark LO-CARB MONSTER ENERGY for “nutritional
`
`supplements” in International Class 5 and “non-alcoholic beverages, namely, energy drinks, drinks
`
`enhanced with vitamins, minerals, nutrients, amino acids and/or herbs” in International Class 32,
`
`which registration issued on September 28, 2010 with a filing date of February 13, 2009. Applicant
`
`denies that the ’118 Registration is relevant to this Opposition proceeding. Applicant admits that
`
`the ’118 Registration was filed prior to the Application. Applicant lacks sufficient information
`
`and belief to admit or deny the remaining allegations of paragraph 30 of the Opposition and on
`
`that ground denies them.
`
`31.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`3,134,842 (the “’842 Registration”) for the mark M MONSTER ENERGY for “beverages, namely,
`
`carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids
`
`
`
`12
`
`

`

`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, which
`
`registration issued on August 29, 2006 with a filing date of May 7, 2003. Applicant denies that
`
`the ’842 Registration is relevant to this Opposition proceeding. Applicant admits that the ’842
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 31 of the Opposition and on that ground
`
`denies them.
`
`32.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`5,481,864 (the “’864 Registration”) for the mark MONSTER ENERGY for “entertainment
`
`services, namely, providing online video games and providing temporary use of non-downloadable
`
`video games, computer games, electronic games, and interactive games; arranging contests
`
`featuring online gaming; providing a web-based system and on-line portal for customers to
`
`participate in online gaming operation, and coordination of game tournaments, leagues, and tours
`
`for recreational computer game playing purposes; entertainment services, namely, providing a
`
`website for online gaming; providing a website featuring information about online gaming and
`
`online gaming professionals; entertainment in the nature of live online gaming” in International
`
`Class 41, which registration issued May 29, 2018 with a filing date of October 19, 2016. Applicant
`
`denies that the ’864 Registration is relevant to this Opposition proceeding. Applicant admits that
`
`the ’864 Registration was filed prior to the Application. Applicant lacks sufficient information and
`
`belief to admit or deny the remaining allegations of paragraph 32 of the Opposition and on that
`
`ground denies them.
`
`
`
`13
`
`

`

`33.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,721,433 (the “’433 Registration”) for the mark MONSTER ENERGY for “promoting goods and
`
`services in the sports, motorsports, electronic sports, and music industries through the distribution
`
`of printed, audio and visual promotional materials; promoting sports and music events and
`
`competitions for others” in International Class 35, which registration issued April 14, 2015 with a
`
`filing date of March 12, 2014. Applicant denies that the ’433 Registration is relevant to this
`
`Opposition proceeding. Applicant admits that the ’433 Registration was filed prior to the
`
`Application. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 33 of the Opposition and on that ground denies them.
`
`34.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,129,288 (the “’288 Registration”) for the mark MONSTER REHAB for “nutritional supplements
`
`in liquid form” in International Class 5 and “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” in International Class 32,
`
`which registration issued April 17, 2012 with a filing date of July 6, 2010. Applicant denies that
`
`the ’288 Registration is relevant to this Opposition proceeding. Applicant admits that the ’288
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 34 of the Opposition and on that ground
`
`denies them.
`
`35.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,111,964 (the “’964 Registration”) for the mark MONSTER REHAB for “ready to drink tea, iced
`
`
`
`14
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`tea and tea based beverages; ready to drink flavored tea, iced tea and tea based beverages” in
`
`International Class 30, which registration issued March 13, 2012 filed on August 24, 2011.
`
`Applicant denies that the ’964 Registration is relevant to this Opposition proceeding. Applicant
`
`admits that the ’964 Registration was filed prior to the Application. Applicant lacks sufficient
`
`information and belief to admit or deny the remaining allegations of paragraph 35 of the
`
`Opposition and on that ground denies them.
`
`36.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,234,456 (the “’456 Registration”) for the mark UBERMONSTER for “nutritional supplements
`
`in liquid form” in International Class 5, and “beverages, namely, carbonated soft drinks; non-
`
`alcoholic 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” in International Class 32, which registration issued October 30, 2012 with
`
`a filing date of July 9, 2010. Applicant denies that the ’456 Registration is relevant to this
`
`Opposition proceeding. Applicant admits that the ’456 Registration was filed prior to the
`
`Application. Applicant denies that Opposer’s registration is relevant to this Opposition
`
`proceeding. Applicant lacks sufficient information and belief to admit or deny the remaining
`
`allegations of paragraph 36 of the Opposition and on that ground denies them.
`
`37.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,376,796 (the “’796 Registration”) for the mark MUSCLE MONSTER for “nutritional
`
`supplements in liquid form” in International Class 5 and “beverages, namely, soft drinks; non-
`
`alcoholic and noncarbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino
`
`acids and/or herbs; non-carbonated energy or sports drinks; all the foregoing goods exclude
`
`
`
`15
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`perishable beverage products that contain fruit juice or soy, whether such products are pasteurized
`
`or not” in International Class 32, which registration issued July 30, 2013 with a filing date of July
`
`2, 2010. Applicant denies that the ’796 Registration is relevant to this Opposition proceeding.
`
`Applicant admits that the ’796 Registration was filed prior to the Application. Applicant lacks
`
`sufficient information and belief to admit or deny the remaining allegations of paragraph 37 of the
`
`Opposition and on that ground denies them.
`
`38.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,451,535 (the “’535 Registration”) for the mark MUSCLE MONSTER for “vitamin fortified
`
`beverages” in International Class 5, “dairy-based beverages; dairy-based energy shakes; energy
`
`shakes; coffee energy shakes; chocolate energy shakes” in International Class 29 and “ready to
`
`drink coffee based beverages; ready to drink chocolate-based beverages” in International Class 30,
`
`which registration issued December 17, 2013 with a filing date of July 10, 2013. Applicant denies
`
`that the ’535 Registration is relevant to this Opposition proceeding. Applicant admits that the ’535
`
`Registration was filed prior to the Application. Applicant lacks sufficient information and belief
`
`to admit or deny the remaining allegations of paragraph 38 of the Opposition and on that ground
`
`denies them.
`
`39.
`
`Applicant admits Opposer is the record owner of U.S. Trademark Registration No.
`
`4,604,556 (the “’556 Registration”) for the mark PUNCH MONSTER for “nutritional supplements
`
`in liquid form” in International Class 5 and “non-alcoholic beverages, namely, energy drinks,
`
`energy drinks flavored with juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced
`
`with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods exclude
`
`perishable beverage products that contain fruit juice or soy, whether such products are pasteurized
`
`or not” in International C