throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1258562
`01/06/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Monster Energy Company
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`01/07/2023
`
`1 MONSTER WAY
`CORONA, CA 92879
`UNITED STATES
`
`Attorney informa-
`tion
`
`JULIA N. HANSON
`KNOBBE MARTENS
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary email: efiling@knobbe.com
`Secondary email(s): MEC.TTAB@knobbe.com
`(949) 760-0404
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`90813695
`
`Opposition filing
`date
`
`Applicant
`
`01/06/2023
`
`Henry Katleman
`SUITE 2026
`23801 CALABASAS ROAD
`CALABASAS, CA 91302
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`11/08/2022
`
`Opposition period
`ends
`
`01/07/2023
`
`Class 021. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Water bottles sold empty; Reusable stain-
`less steel water bottles sold empty; Mugs; Coffee mugs; Glass mugs; Beer mugs; Insulated mugs;
`Drinking cups; Coffee cups; Paper cups; Drinking glasses; Wine glasses; Cocktail glasses; Tumblers
`for use as drinking glasses; Bottle openers; Coasters, not of paper or textile; Plates; Lunch boxes; In-
`sulated containers for food or beverage
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Clothing, namely, sweatshirts, sweatpants,
`T-shirts, tank tops, polo shirts, jerseys, sweaters, blazers, ties, shorts, pants, vests, jackets, rain
`ponchos, bandanas, gloves, mittens, scarves, belts, socks, aprons, bathing suits, infant wear, cloth
`bibs, sleepwear, and boxer shorts; Headwear, namely, hats, caps and visors; Footwear, namely, san-
`dals, flip flops, athletic sneakers; Athletic uniforms
`
`

`

`Class 028. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Games and playthings, namely, bobble-
`head dolls; stuffed toys, flying discs; Sporting articles, namely, footballs, basketballs, baseballs, golf
`balls, soccer balls, volleyballs, golf putter covers, golf tees, football gloves; Ornaments for Christmas
`trees
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights as asserted in the Notice of
`Opposition
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`5820689
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2019
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`01/15/2019
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jun 30, 2002 First Use In Commerce: Jun 30,
`2002
`Sport helmets; video recordings featuring sports, extreme sports and motor
`sports; downloadable software for mobile devices for playing games; download-
`able electronic game software for use on mobile devices; downloadable game
`software; downloadable interactive game programs; downloadable video game
`software and programs
`Class 021. First use: First Use: Jan 2005 First Use In Commerce: Jan 2005
`Beverageware; insulated beverage containers for domestic use; bottles, sold
`empty; drinking bottles for sports; water bottles sold empty; bottle openers
`Class 022. First use: First Use: Dec 20, 2006 First Use In Commerce: Dec 20,
`2006
`Lanyards; lanyards for holding whistles, keys, badges, identification cards, event
`passes, media passes, photographs, recording equipment, or similar conveni-
`ences; tents
`Class 024. First use: First Use: Jul 2003 First Use In Commerce: Jul 2003
`Towels; blankets for outdoor use
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, Tops, shirts, t-shirts, sweat shirts, jackets, bottoms, pants,
`bandanas, sweat bands, gloves; headwear; hats; beanies
`
`

`

`Class 028. First use: First Use: Dec 8, 2011 First Use In Commerce: Dec 8,
`2011
`Toy cars; remote control toys, namely, cars; cornhole game sets; cornhole game
`boards; cornhole bags; surf boards; skate boards; snowboards; golf bags
`
`U.S. registration
`no.
`
`5826919
`
`Register
`
`Principal
`
`Registration date
`
`08/06/2019
`
`Application date
`
`01/16/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`JAVA MONSTER
`
`NONE
`
`Class 009. First use: First Use: Jul 15, 2013 First Use In Commerce: Jul 15,
`2013
`Cameras; headphones; sunglasses; eyewear; cases for sunglasses and eye-
`wear
`Class 018. First use: First Use: Oct 17, 2018 First Use In Commerce: Oct 17,
`2018
`Sports bags; gym bags; athletic bags; traveling bags; all-purpose carrying bags;
`backpacks
`Class 021. First use: First Use: Mar 20, 2018 First Use In Commerce: Mar 20,
`2018
`Beverageware; insulated beverage containers for domestic use; heat-insulated
`containers for beverages
`Class 025. First use: First Use: Mar 29, 2012 First Use In Commerce: Mar 29,
`2012
`Tops being clothing; shirts; t-shirts; sweat shirts; jackets
`
`U.S. registration
`no.
`
`5664586
`
`Register
`
`Principal
`
`Registration date
`
`01/29/2019
`
`Word mark
`
`M MONSTER ENERGY
`
`Application date
`
`12/04/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of a stylized letter "M" in the form of a claw above the words
`"MONSTER ENERGY".
`
`Class 021. First use: First Use: Jan 2010 First Use In Commerce: Jan 2010
`Beverageware; insulated beverage containers for domestic use; drinking bottles
`for sports; water bottles sold empty
`
`U.S. registration
`no.
`
`3057061
`
`Register
`
`Principal
`
`Registration date
`
`02/07/2006
`
`Application date
`
`04/18/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`MONSTER ENERGY
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`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, miner-
`als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzer
`water, ] but excluding perishable beverage products that contain fruit juice or
`soy, whether such products are pasteurized or not
`
`U.S. registration
`no.
`
`4036681
`
`Register
`
`Principal
`
`Registration date
`
`10/11/2011
`
`Word mark
`
`MONSTER ENERGY
`
`Application date
`
`09/11/2007
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage
`products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`3959457
`
`Register
`
`Principal
`
`Registration date
`
`05/10/2011
`
`Word mark
`
`Design mark
`
`JAVA MONSTER
`
`Application date
`
`12/08/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Apr 27, 2007 First Use In Commerce: Apr 27,
`2007
`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 perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`4376796
`
`Register
`
`Principal
`
`Registration date
`
`07/30/2013
`
`Word mark
`
`Design mark
`
`MUSCLE MONSTER
`
`Description of
`
`NONE
`
`Application date
`
`07/02/2010
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`
`Goods/services
`
`Class 005. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Mar 18, 2013 First Use In Commerce: Mar 18,
`2013
`Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-
`hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;
`non-carbonated energy or sports drinks; all the foregoing goods exclude perish-
`able beverage products that contain fruit juice or soy, whether such products are
`pasteurized or not
`
`U.S. registration
`no.
`
`4716750
`
`Register
`
`Principal
`
`Registration date
`
`04/07/2015
`
`Word mark
`
`Design mark
`
`JUICE MONSTER
`
`Application date
`
`02/24/2012
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 005. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Nutritional supplements in liquid form
`Class 032. First use: First Use: Jun 23, 2014 First Use In Commerce: Jun 23,
`2014
`Non-alcoholic beverages, namely, energy drinks and drinks enhanced with vit-
`amins, minerals, nutrients, amino acids and/or herbs, but excluding perishable
`beverage products that contain fruit juice or soy
`
`U.S. registration
`no.
`
`5581661
`
`Register
`
`Principal
`
`Registration date
`
`10/09/2018
`
`Word mark
`
`ESPRESSO MONSTER
`
`Application date
`
`05/08/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 030. First use: First Use: Oct 2017 First Use In Commerce: Oct 2017
`Ready to drink coffee, iced coffee and coffee based beverages; ready to drink
`flavored coffee, iced coffee and coffee based beverages; beverages with coffee
`base
`Class 032. First use: First Use: Oct 2017 First Use In Commerce: Oct 2017
`Non-alcoholic beverages, namely, soft drinks and energy drinks
`
`U.S. registration
`no.
`
`5551192
`
`Register
`
`Principal
`
`Registration date
`
`08/28/2018
`
`Word mark
`
`Design mark
`
`MONSTER ARMY
`
`Application date
`
`11/16/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: May 2010 First Use In Commerce: May 2010
`Clothing, namely, tops, shirts, T-shirts, hooded shirts, sweat shirts, and jackets
`Class 041. First use: First Use: May 2005 First Use In Commerce: May 2005
`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 ment-
`oring in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX,
`and skate
`
`U.S. registration
`no.
`
`3908601
`
`Register
`
`Principal
`
`Registration date
`
`01/18/2011
`
`Application date
`
`04/02/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`M MONSTER ENERGY
`
`The mark consists of a stylized letter "M" and stylized words "MONSTER EN-
`ERGY".
`
`

`

`Goods/services
`
`Class 025. First use: First Use: May 24, 2002 First Use In Commerce: May 24,
`2002
`Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweat shirts,
`jackets, pants, bandanas, sweat bands and gloves; headgear, namely, hats and
`beanies
`
`U.S. registration
`no.
`
`6760278
`
`Register
`
`Principal
`
`Registration date
`
`06/14/2022
`
`Word mark
`
`Design mark
`
`MONSTER
`
`Application date
`
`08/26/2021
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 032. First use: First Use: Mar 27, 2002 First Use In Commerce: Mar 27,
`2002
`Energy drinks; Fruit drinks; Soft drinks; Sports drinks
`
`U.S. registration
`no.
`
`6679809
`
`Register
`
`Principal
`
`Registration date
`
`03/22/2022
`
`Word mark
`
`Design mark
`
`MONSTER ENERGY
`
`Application date
`
`03/14/2018
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Dec 10, 2003 First Use In Commerce: Dec 10,
`2003
`Entertainment services in the nature of sporting events, performances and com-
`petitions, electronic sporting events and competitions, and music performances
`and events
`
`

`

`U.S. registration
`no.
`
`6724528
`
`Register
`
`Principal
`
`Registration date
`
`05/24/2022
`
`Application date
`
`05/18/2021
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`REHAB MONSTER
`
`NONE
`
`Class 030. First use: First Use: Feb 2021 First Use In Commerce: Feb 2021
`Tea; iced tea; tea based beverages; ready to drink tea; ready to drink flavored
`tea
`Class 032. First use: First Use: Feb 2021 First Use In Commerce: Feb 2021
`Non-alcoholic beverages, namely, soft drinks, energy drinks, sports drinks, and
`fruit juice drinks
`
`88262993#TMSN.png( bytes )
`87707552#TMSN.png( bytes )
`77276989#TMSN.png( bytes )
`78769836#TMSN.png( bytes )
`85552165#TMSN.png( bytes )
`87440703#TMSN.png( bytes )
`86822049#TMSN.png( bytes )
`90903651#TMSN.png( bytes )
`87833591#TMSN.png( bytes )
`2023-01-06 NOTICE OF OPPOSITION - SER NO 90813695 -
`HANB.16187M.pdf(3884334 bytes )
`EXS 1-14 NOTICE OF OPPOSITION - SER NO 90813695 -
`HANB.16187M.pdf(2933188 bytes )
`
`Signature
`
`/Julia N. Hanson/
`
`Name
`
`Date
`
`JULIA N. HANSON
`
`01/06/2023
`
`

`

`
`
`HANB.16187M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: ___________
`
`
`Serial No.: 90/813695
`
`Mark: KATLEMONSTER
`
`
`) ) ) ) ) ) )
`
`
`)
`
`) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`HENRY KATLEMAN,
`
`
`
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Monster Energy Company, a Delaware corporation, located and doing business at 1
`
`Monster Way, Corona, California 92879 (“Opposer”) believes that it will be damaged by the
`
`registration of U.S. Trademark Application Serial No. 90/813695 (the “Application”) for the
`
`mark KATLEMONSTER (“Applicant’s Mark”) filed by Henry Katleman (“Applicant”), and
`
`therefore opposes the same.
`
`
`
`As grounds for opposition, it is alleged:
`
`
`
`1.
`
`By the Application filed on July 6, 2021, Applicant seeks to obtain registration on
`
`the Principal Register of the trademark KATLEMONSTER for “Water bottles sold empty;
`
`Reusable stainless steel water bottles sold empty; Mugs; Coffee mugs; Glass mugs; Beer mugs;
`
`Insulated mugs; Drinking cups; Coffee cups; Paper cups; Drinking glasses; Wine glasses; Cocktail
`
`glasses; Tumblers for use as drinking glasses; Bottle openers; Coasters, not of paper or textile;
`
`Plates; Lunch boxes; Insulated containers for food or beverage” in International Class 21,
`
`- 1 -
`
`

`

`
`
`“Clothing, namely, sweatshirts, sweatpants, T-shirts, tank tops, polo shirts, jerseys, sweaters,
`
`blazers, ties, shorts, pants, vests, jackets, rain ponchos, bandanas, gloves, mittens, scarves, belts,
`
`socks, aprons, bathing suits, infant wear, cloth bibs, sleepwear, and boxer shorts; Headwear,
`
`namely, hats, caps and visors; Footwear, namely, sandals, flip flops, athletic sneakers; Athletic
`
`uniforms” in International Class 25, and “Games and playthings, namely, bobblehead dolls;
`
`stuffed toys, flying discs; Sporting articles, namely, footballs, basketballs, baseballs, golf balls,
`
`soccer balls, volleyballs, golf putter covers, golf tees, football gloves; Ornaments for Christmas
`
`trees” in International Class 28 based on Applicant’s alleged intent-to-use the mark in interstate
`
`commerce.
`
`2.
`
`Since at least 2002, long before the filing date of the Application, Opposer has
`
`been, and still is, engaged in the development, licensing, marketing, and/or sale of beverages,
`
`nutritional supplements, clothing, and other goods and services, under the marks MONSTER®
`
`and MONSTER ENERGY®, and related marks, all containing “MONSTER.” Since 2002,
`
`Opposer has expanded its family of MONSTER marks to include, for example, the following:
`
`MONSTER®, MONSTER ENERGY®, MUSCLE MONSTER®, MONSTER ARMY®, JAVA
`
`MONSTER®, REHAB MONSTER®, ESPRESSO MONSTER®, JUICE MONSTER®, and
`
`® (hereinafter, collectively the “MONSTER Marks”). Since long before the filing date of
`
`the Application, Opposer has also used its MONSTER Marks in connection with clothing,
`
`headwear, beverageware, and kitchen and bar accessories.
`
`3.
`
`Since long before the filing date of the Application, Opposer has used and continues
`
`to use its famous MONSTER Marks extensively in connection with clothing, clothing accessories,
`
`headwear, as well as many other goods and services. Examples of some of Opposer’s products
`
`bearing Opposer’s MONSTER Marks are shown below:
`
`- 2 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`USCHE]ace
`
`TH
`
`WONSTER
`tf
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`

`
`
`4.
`
`There is high demand for the goods shown and described above bearing
`
`
`
`
`
`Opposer’s MONSTER Marks. For example, Opposer has entered into license agreements with
`
`several manufacturers, licensing them to produce and sell clothing and clothing accessories, hats,
`
`bags, and other products that bear Opposer’s MONSTER Marks. In the United States, Opposer’s
`
`licensees have sold licensed goods bearing Opposer’s MONSTER Marks to consumers in all 50
`
`states through their own websites and through nationwide retailers. Those nationwide retailers
`
`have also sold Opposer’s licensed goods bearing Opposer’s MONSTER Marks through their
`
`own websites.
`
`5.
`
`In addition, Opposer has and continues to widely market and promote its
`
`MONSTER Marks to consumers by, for example, beverages, beverageware, nutritional
`
`supplements and numerous other goods and services. Opposer’s MONSTER Marks have been
`
`displayed on beverageware such as, for example, sports water bottles, cups, mugs, rambler coasters,
`
`koozies, beverage cans, and beverage bottles. Examples of Opposer’s use of the MONSTER
`
`marks in connection with beverage ware, bottle openers, and other kitchen and bar accessories
`
`are shown below:
`
`
`
`- 4 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 5 -
`
`
`
`

`

`
`
`6.
`
`Since long before the filing date of the Application and the alleged date of first use
`
`in interstate commerce of Applicant’s Marks, Opposer has used and continues to use its famous
`
`MONSTER Marks extensively in connection with goods such as sporting equipment, sports bags,
`
`lawn games, bags, towels, blankets, loves, and promotion of goods and services in the sports and
`
`fitness industries, as well as many other goods and services. Examples of jerseys, sports bags,
`
`gloves, and other products bearing Opposer’s MONSTER Marks are shown below:
`
`
`
`
`
`
`
`- 6 -
`
`

`

`
`
`SUPER FUEL
`
`prea
`
`
`
`
`
`
`
`A MONSTER aNne
`
`BUY
`ANY MONSTER ENERGY2 X SOOML
`PRODUCTS TO RECEIVE AN ENTRY CARD
`
`SCAN
`THE QR CODE ON ENTRY CARD
`OR GO TO MONSTERENERGY.COM
`
`ENTER
`THE UNIQUE CODE AND DETAILS
`ONLINE FOR A CHANCE TO WIN
`
`Ihaeaie
`MONSTERENERGY.COM
`
`baateh-)oie)ay
`
`
`
`
`
`- 7 -
`
`

`

`
`
`
`
`
`
`
`
`7.
`
`Since at least as early as 2003, Opposer also has been engaged in promoting and
`
`marketing goods and services in the sports industry. Opposer has continuously promoted
`
`Opposer’s MONSTER Marks through the sponsorship of sports events and athletes that are
`
`televised nationwide and internationally. For example, since 2021, Opposer has been the “Official
`
`Energy Drink” of the BIG3, a professional 3-on-3 basketball league founded by hip hop musician
`
`and actor Ice Cube. Since 2019, Opposer has been the official energy drinks partner of up to eight
`
`Premier League Clubs, including Brighton and Hove Albion. From 2008 to 2016, Monster
`
`sponsored the Road 2 Recovery Monster Energy Golf Classic in Las Vegas, Nevada, which benefits
`
`- 8 -
`
`

`

`
`
`a cancer-related charity. Since 2011, Monster has sponsored the Brett Downey Safety Foundation
`
`Charity Golf Tournament in Menifee, CA which benefits a motocross safety charity. Since 2017,
`
`Monster has sponsored the Wounded Marine Fund Golf Classic in Rancho Santa Fe, California,
`
`which benefits a charity for wounded Marines. In 2017, Monster sponsored the Drive for Autism
`
`Golf Tournament in Wilmington, Delaware, which benefits an Autism-related charity. In 2010,
`
`Monster sponsored the Southwest Airlines ‘Summer Sizzler’ Golf Tournament in Henderson,
`
`Nevada, which benefited the Ronald McDonald House Charities.
`
`
`
`
`
`- 9 -
`
`

`

`
`
`lek lel ag
`
`re
`Leet
`CO
`
`(ttee
`
`WIN A PREMIER LEAGUE MATCHDAY
`
`
`
`PLAY GOLF HELP CHARITY
`Enjoy 18 holes of golf with some of the worlds top action sport
`athletes as they help raise money for the Road 2 Recovery Foundation.
`Single and foursome packages include food, beverages, and prize packs.
`
`To register visit www.road2recovery.com or call 760-436-1366. EVENT ADDRESS
`
`167 ANNUAL
`GOLF CLASSIC
`
`Bali Hai Golf Club Resort
`5160 South Las Vegas Blvd
`Las Vegas, NV 89119
`
`BECOME A SPONSOR
`For sponsorship inquires please call
`Anita Button at 760-436-1366 or
`email Anita@road2recovery.com.
`
`Road 2 Recovery is a 501 (c)
`non-profit organization.
`
`FRIDAY
`MAY 1, 2015
`Bali Hai Golf Club
`LAS VEGAS, NV
`
`SINGLE
`$1,000
`LUNCH & REG
`12:00 PM
`
`FOURSOME
`$3,500
`SHOTGUN START
`1:30 PM
`
`For more information visit www.Road2Recovery.com ae
`
`
`
`
`
`-10-
`- 10 -
`
`

`

`
`
`
`
`8.
`
`An additional example of Opposer’s extensive use of the MONSTER Marks in
`
`athletic sponsorships is Opposer’s substantial investments in athletes and sport-related
`
`sponsorships. Opposer’s sponsored athletes include Tiger Woods, 15-time Major Tournament
`
`Champion, 11-time Professional Golf Association Player of the Year, and the PGA’s co-leader in
`
`
`
`- 11 -
`
`

`

`
`
`career wins. Woods’ most recent Major Championship was the 2019 Masters Tournament in
`
`Augusta, Georgia, the most watched Masters Tournament of the past decade. Woods became the
`
`second oldest player to ever win the Masters, an event widely viewed as the highest profile and
`
`most watched tournament in golf. Images showing Woods in association with Opposer’s
`
`MONSTER Marks, including as golf bag sponsor, appear below:
`
`9.
`
`Opposer also licenses and uses its MONSTER Marks in connection with automotive
`
`
`
`
`
`and motorsports related products, including, but not limited to, motorsports helmets, motorsports
`
`apparel, and wheels. Opposer also sponsors numerous professional motocross athletes that
`
`frequently bear the MONSTER Marks to their gear and vehicles to promote Opposer during
`
`televised events seen around the world. Examples of some of Opposer’s marketing and promotional
`
`activities are shown below:
`
`- 12 -
`
`

`

`
`
`
`
`
`
`
`
`10.
`
`Opposer also sponsors numerous professional fighters and MMA events. Opposer’s
`
`MONSTER Marks are frequently seen on fighting gear and clothing during events that are televised
`
`around the world. Examples of some of Opposer’s marketing and promotional activities are shown
`
`
`
`below:
`
`- 13 -
`
`

`

`
`
`
`
`
`
`
`
`
`
`11.
`
`Opposer has also sponsored amateur soccer players, The F2. As part of the
`
`sponsorship, The F2 wore soccer jerseys bearing one of Monster’s MONSTER Marks, as seen
`
`below. Formed in 2010, The F2 are the biggest YouTube soccer channel in the world with over 14
`
`million YouTube subscribers and over 28 million followers across all social platforms. Since
`
`- 14 -
`
`

`

`
`
`creating its YouTube channel, The F2 have amassed 1.5 billion views and travelled all over the
`
`world and created content at stadiums such as The Nou Camp and Wembley.
`
`
`
`12.
`
`Further, Opposer displays, or has previously displayed, one or more of its
`
`MONSTER Marks at sporting arenas and/or stadiums, including, but not limited to, the MLB
`
`team the Los Angeles Angels’ stadium, the NFL team the Arizona Cardinals’ stadium, the NFL
`
`team the San Diego Chargers’ stadium, the Wells Fargo Center (where the Philadelphia 76ers
`
`NBA team plays and the Philadelphia Flyers NHL team plays), the Palace of Auburn Hills
`
`(where the Detroit Pistons NBA team played), and on the Zamboni during the NHL team the
`
`Anaheim Ducks’ hockey games. Additionally, Monster has also been the “Official Energy Drink
`
`- 15 -
`
`

`

`
`
`of the Wells Fargo Center” where the Philadelphia 76ers National Basketball Association and
`
`Philadelphia Flyers National Hockey League teams play. In 2022, Monster became the “Official
`
`Energy Drink Partner” of the New York Rangers NHL team and also of the famed Madison
`
`Square Garden in New York City, where the New York Rangers and the New York Knicks NBA
`
`team play. Through this sponsorship, the MONSTER Marks will be displayed and receive
`
`premium brand exposure at all events held at Madison Square Garden. Opposer’s MONSTER
`
`Marks also appear on arena signage at the Prudential Center during New Jersey Devils’ hockey
`
`games, at the TD Garden during Boston Bruins’ hockey games, and at the Honda Center during
`
`Anaheim Ducks’ hockey games. Examples of Opposer’s MONSTER Marks displayed at
`
`stadiums and arenas are shown below:
`
`
`
`- 16 -
`
`

`

`
`
`
`
`.
`
`13.
`
`In addition, Opposer has and continues to widely market and promote its
`
`MONSTER Marks to consumers by, for example, displaying the marks extensively on
`
`merchandise and product samplings; on billions of cans of beverages and nutritional
`
`supplements; on promotional and point of sale materials; in magazines and other publications; on
`
`the monsterenergy.com website, monsterarmy.com website and other Internet websites and
`
`social media sites; and at trade shows, concert tours and live events. Opposer also promotes the
`
`- 17 -
`
`

`

`
`
`MONSTER Marks through, for example, the sponsorship of music festivals, athletes, and sports
`
`events that are televised nationwide and internationally.
`
`14.
`
`Opposer has built up, at great expense and effort, valuable goodwill in its
`
`MONSTER Marks and has developed strong common law rights in its MONSTER Marks.1
`
`Opposer relies on its common law rights in its family of MONSTER Marks, which rights predate
`
`the filing date of the Application.
`
`15.
`
`In addition to Opposer’s common law rights, Opposer owns and relies on the
`
`following registrations:
`
`Filling Date Registration
`Date
`
`1/15/2019
`
`7/30/2019
`
`First Use in
`Commerce
`Date
`Cl. 9
`6/30/2002
`Cl. 21
`1/2005
`Cl. 22
`12/20/2006
`Cl. 24
`7/2003
`Cl. 25
`5/24/2002
`Cl. 28
`12/8/2011
`
`Registration
`No.
`
`5,820,689
`
`Mark
`
`Goods/Services
`
`MONSTER
`ENERGY®
`
`Cl. 9 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
`Cl. 21 beverageware;
`insulated beverage
`containers for domestic
`use; bottles, sold empty;
`drinking bottles for sports;
`water bottles sold empty;
`bottle openers
`Cl. 22 lanyards; lanyards
`for holding whistles, keys,
`badges, identification
`cards, event passes, media
`passes, photographs,
`recording equipment, or
`
`
`1 Opposer has also obtained 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 32, which registration issued April
`24, 2002.
`
`- 18 -
`
`

`

`
`
`Registration
`No.
`
`5,826,919
`
`5,664,586
`
`3,057,061
`
`Mark
`
`Goods/Services
`
`First Use in
`Commerce
`Date
`
`Filling Date Registration
`Date
`
`similar conveniences; tents
`Cl. 24 towels; blankets for
`outdoor use
`Cl. 25 clothing, namely,
`Tops, shirts, t-shirts, sweat
`shirts, jackets, bottoms,
`pants, bandanas, sweat
`bands, gloves; headwear;
`hats; beanies
`Cl. 28 Toy cars; remote
`control toys, namely, cars;
`cornhole game sets;
`cornhole game boards;
`cornhole bags; surf boards;
`skate boards; snowboards;
`golf bags
`JAVA MONSTER® Cl. 9 cameras; headphones;
`sunglasses; eyewear; cases
`for sunglasses and eyewear
`Cl. 18 sports bags; gym
`bags; athletic bags;
`traveling bags; all-purpose
`carrying bags; backpacks
`Cl. 21 beverageware;
`insulated beverage
`containers for domestic
`use; heat-insulated
`containers for beverages
`Cl. 25 tops being clothing;
`shirts; t-shirts; sweat shirts;
`jackets
`Cl. 21 beverageware;
`insulated beverage
`containers for domestic
`use; drinking bottles for
`sports; water bottles sold
`empty
`Cl. 32 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
`
`MONSTER
`ENERGY®
`
`®
`
`- 19 -
`
`1/16/2019
`
`8/6/2019
`
`Cl. 9
`7/15/2013
`Cl. 18
`10/17/2018
`Cl. 21
`3/20/2018
`Cl. 25
`3/29/2012
`
`
`1/2010
`
`12/4/2017
`
`
`1/29/2019
`
`4/18/2002
`
`4/18/2002
`
`2/7/2006
`
`

`

`
`
`Registration
`No.
`
`4,036,681
`
`3,959,457
`
`4,376,796
`
`4,716,750
`
`Mark
`
`Goods/Services
`
`First Use in
`Commerce
`Date
`
`Filling Date Registration
`Date
`
`4/18/2002
`
`1/11/2007
`
`1/11/2011
`
`4/27/2007
`
`12/8/2005
`
`5/10/2011
`
`3/18/2013
`
`7/2/2010
`
`7/30/2013
`
`All classes
`6/23/2014
`
`2/24/2012
`
`4/7/2015
`
`MONSTER
`ENERGY®
`
`MUSCLE
`MONSTER®
`
`products are pasteurized or
`not
`Cl. 32 non-alcoholic
`beverages, namely, energy
`drinks, excluding
`perishable beverage
`products that contain fruit
`juice or soy
`JAVA MONSTER® Cl. 32 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
`Cl. 5 nutritional
`supplements in liquid form
`Cl. 32 beverages, namely,
`soft drinks; non-alcoholic
`and non-carbonated drinks
`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
`JUICE MONSTER® Cl. 5 nutritional
`supplements in liquid form
`Cl. 32 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
`
`- 20 -
`
`

`

`
`
`Registration
`No.
`
`5,581,661
`
`Mark
`
`Goods/Services
`
`ESPRESSO
`MONSTER®
`
`Filling Date Registration
`Date
`
`5/8/2017
`
`10/9/2018
`
`11/16/2015
`
`8/28/2018
`
`First Use in
`Commerce
`Date
`Cl. 30
`10/2017
`
`Cl. 32
`10/2017
`
`Cl. 25
`5/2010
`
`Cl. 41
`5/2005
`
`5/24/2002
`
`4/2/2009
`
`1/18/2011
`
`4/18/2002
`
`8/26/2021
`
`6/14/2022
`
`12/10/2003
`
`3/14/2018
`
`3/22/2022
`
`Cl. 30 ready to drink
`coffee, iced coffee and
`coffee based beverages;
`ready to drink flavored
`coffee, iced coffee and
`coffee based beverages;
`beverages with coffee base
`Cl. 32 non-alcoholic
`beverages, namely, soft
`drinks and energy drinks
`Cl. 25 clothing, namely,
`tops, shirts, T-shirts,
`hooded shirts, sweat shirts,
`and jackets
`Cl. 41 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
`Cl. 25 clothing, namely, t-
`shirts, hooded shirts and
`hooded sweatshirts, sweat
`shirts, jackets, pants,
`bandanas, sweat bands and
`gloves; headgear, namely,
`hats and beanies
`Cl. 32. Energy drinks; Fruit
`drinks; Soft drinks; Sports
`drinks
`41 entertainment services
`in the nature of sporting
`events, performances and
`competitions, electronic
`sporting events and
`competitions, and music
`performances and events
`
`- 21 -
`
`5,551,192
`
`MONSTER
`ARMY®
`
`3,908,601
`
`®
`
`6,760,278
`
`MONSTER®
`
`6,679,809
`
`MONSTER
`ENERGY®
`
`

`

`
`
`Registration
`No.
`
`6,724,528
`
`
`
`Mark
`
`Goods/Services
`
`REHAB
`MONSTER®
`
`Cl. 30 Tea; iced tea; tea
`based beverages; ready to
`drink tea;
`ready to drink flavored tea
`Cl. 32. Non-alcoholic
`beverages, namely, soft
`drinks, energy
`drinks, sports drinks, and
`fruit juice drinks
`
`First Use in
`Commerce
`Date
`2/2021
`
`Filling Date Registration
`Date
`
`5/16/2021
`
`5/24/2022
`
`16.
`
`Opposer owns and relies on 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 spo

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