Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 1 of 22
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`
`
`Civil Action No. 2:22-cv-524
`
`COMPLAINT FOR TRADEMARK
`INFRINGEMENT, TRADE DRESS
`INFRINGEMENT, FALSE
`DESIGNATION OF ORIGIN, AND
`UNFAIR COMPETITION
`
`
`
`))))))))))))))
`
`
`
`MONSTER ENERGY COMPANY,
`a Delaware corporation,
`
`Plaintiff,
`
`v.
`
`PELMIR ENTERPRISE INC. d/b/a MONSTER
`DOLLAR,
`a Washington corporation,
`
`
`
`
`
`
`
`Defendant.
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 2 of 22
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`Plaintiff Monster Energy Company (“Plaintiff” or “Monster”) hereby complains of
`Defendant Pelmir Enterprise Inc. d/b/a Monster Dollar (“Defendant”), and alleges as follows:
`I. JURISDICTION AND VENUE
`This is an action for 1) trademark infringement, trade dress infringement, and
`1.
`false designation of origin under 15 U.S.C. § 1125(a), 2) trademark infringement under 15
`U.S.C. § 1114, 3) Washington statutory unfair competition, and 4) Washington common-law
`unfair competition.
`The Court has original subject matter jurisdiction over the claims that relate to
`2.
`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.
`This Court has personal jurisdiction over Defendant because Defendant resides in
`3.
`and has a continuous, systematic, and substantial presence within this Judicial District and within
`Washington. Defendant sells, advertises, markets, and promotes its goods and services in
`Washington, including in this Judicial District. Defendant operates a retail store in this Judicial
`District under the mark MONSTER DOLLAR and markets and advertises its goods and services
`online in connection with the infringing mark through the URLs https://www.monsterdollar.net/
`and https://facebook.com/monsterdollar.net/, which are available and accessible in Washington.
`In addition, by committing acts of trademark infringement, trade dress infringement, false
`designation of origin, and unfair competition, in this Judicial District, Defendant’s acts form a
`substantial part of the events or omissions giving rise to Monster’s claims.
`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) and (c) at
`4.
`least because Defendant resides in this Judicial District by virtue of being organized under the
`laws of the State of Washington, being subject to personal jurisdiction within the Judicial
`-2-
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 3 of 22
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`District, and a substantial portion of the events complained of herein having taken place in this
`Judicial District.
`
`II. THE PARTIES
`Monster is a corporation organized and existing under the laws of the State of
`5.
`Delaware, having a principal place of business at 1 Monster Way, Corona, California 92879.
`Upon information and belief, Defendant is a corporation organized and existing
`6.
`under the laws of Washington, having a principal place of business at 33720 9th Ave S, Suite 7,
`Federal Way, WA, 98003-6735.
`III. COMMON ALLEGATIONS FOR ALL CLAIMS OF RELIEF
`A. Monster and Its Trademarks and Trade Dress
`Monster is a nationwide leader in the business of developing, marketing, selling,
`7.
`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 its MONSTER marks for a variety of other goods,
`including, clothing, sports gear, bags, and beverageware, among many other goods and services.
`In 2002, long before Defendant’s acts described herein, Monster launched its
`8.
`MONSTER ENERGY® drink brand, bearing its now-famous MONSTER mark and MONSTER
`ENERGY® mark.
`Monster’s successful line of MONSTER drinks has grown to include numerous
`9.
`other well-known products, the containers and packaging of which are prominently marked with
`the MONSTER mark (referred to collectively as “MONSTER line of drinks”).
`10. Monster is also the owner of numerous trademark registrations for marks that
`incorporate its famous MONSTER and/or MONSTER ENERGY® marks, for use in connection
`with beverages, nutritional supplements, clothing, bags, advertising services, and other products
`and services, including the following U.S. Trademark Registrations:
`
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-3-
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 4 of 22
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`
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`MARK
`
`
`
`MONSTER
`ENERGY
`
`MONSTER
`ARMY
`
`MONSTER
`ENERGY
`
`
`
`MONSTER
`ENERGY
`MONSTER
`ENERGY
`MONSTER
`ENERGY
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`COMPLAINT
`Case No 2:22-cv-524
`
`
`-4-
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
`5,661,940
`
`GOODS/SERVICES
`REG. NO.
`6,451,182 Non-alcoholic beverages,
`namely, soft drinks, energy
`drinks, sports drinks, and fruit
`juice drinks
`Stickers; sticker kits
`comprising stickers and decals;
`decals; posters; calendars;
`money clips; blackboards;
`temporary tattoo transfers;
`pens; writing utensils;
`advertising signs of cardboard
`and paper
`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
`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
`5,114,854 Restaurant services; bar
`services
`Promoting goods and services
`in the sports,
`motorsports, electronic sports,
`and music industries through
`
`3,044,315
`
`4,721,433
`
`DATE
`FILED
`12/13/2017
`
`REG. DATE
`8/17/2021
`
`10/19/2016
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`1/22/2019
`
`11/16/2015
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`4/28/2018
`
`5/23/2003
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`1/17/2006
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`9/11/2007
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`10/11/2011
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`12/2/2013
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`1/3/2017
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`3/12/2014
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`4/14/2015
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`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 5 of 22
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`MARK
`
`REG. NO.
`
`MONSTER
`ENERGY
`
`5,820,689
`
`DATE
`FILED
`
`REG. DATE
`
`1/15/2019
`
`7/30/2019
`
`GOODS/SERVICES
`the distribution of printed,
`audio and visual promotional
`materials; promoting sports and
`music events and competitions
`for others
`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
`
`Beverageware; insulated
`beverage containers for
`domestic use; bottles, sold
`empty; drinking bottles for
`sports; water bottles sold
`empty; bottle openers
`
`Lanyards; lanyards for holding
`whistles, keys, badges,
`identification cards, event
`passes, media passes,
`photographs, recording
`equipment, or similar
`conveniences;
`tents
`
`Towels; blankets for outdoor
`use
`
`Clothing, namely, Tops, shirts,
`t-shirts, sweat shirts,
`jackets, bottoms, pants,
`bandanas, sweat bands, gloves;
`headwear; hats; beanies
`
`Toy cars; remote control toys,
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-5-
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 6 of 22
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`MARK
`
`MONSTER
`REHAB
`
`MONSTER
`REHAB
`
`MONSTER
`ENERGY
`
`MONSTER
`ENERGY
`
`MONSTER
`ASSAULT
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
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`REG. NO.
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`3,057,061
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`GOODS/SERVICES
`namely, cars; cornhole game
`sets; cornhole game boards;
`cornhole bags; surf boards;
`skate boards; snowboards; golf
`bags
`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
`Fruit juice drinks having a juice
`content of 50% or less by
`volume that are shelf stable,
`carbonated soft drinks,
`carbonated drinks enhanced
`with vitamins, minerals,
`nutrients, amino acids and/or
`herbs, but excluding perishable
`beverage products that contain
`fruit juice or soy, whether such
`products are pasteurized or not
`4,634,053 Nutritional supplements in
`liquid form; vitamin fortified
`beverages
`-6-
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`
`DATE
`FILED
`
`REG. DATE
`
`7/6/2010
`
`4/17/2012
`
`8/24/2011
`
`3/13/2012
`
`9/11/2007
`
`10/11/2011
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`4/18/2002
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`2/7/2006
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`11/15/2013
`
`11/4/2014
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 7 of 22
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`MARK
`
`REG. NO.
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`GOODS/SERVICES
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`DATE
`FILED
`
`REG. DATE
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`12/8/2005
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`5/10/2011
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`5/8/2018
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`3/5/2019
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`5/23/2003
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`1/17/2006
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`2/13/2009
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`9/28/2010
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`5/7/2003
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`8/29/2006
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`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
`5,689,189 Bar services; café services;
`coffee bars; mobile restaurant
`services; restaurant services;
`mobile café services for
`providing food and drink
`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
`-7-
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`
`
`3,134,842
`
`
`JAVA
`MONSTER
`
`JAVA
`MONSTER
`
`M MONSTER
`ENERGY
`
`LO-CARB
`MONSTER
`ENERGY
`
`M MONSTER
`ENERGY
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 8 of 22
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`MARK
`
`MUSCLE
`MONSTER
`
`MUSCLE
`MONSTER
`
`JUICE
`MONSTER
`
`MONSTER
`ENERGY
`ULTRA
`
`COMPLAINT
`Case No 2:22-cv-524
`
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`REG. NO.
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`DATE
`FILED
`
`REG. DATE
`
`7/2/2010
`
`7/30/2013
`
`GOODS/SERVICES
`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 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;
`-8-
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`
`(206) 405-2000
`
`7/10/2013
`
`12/17/2013
`
`2/24/2012
`
`4/7/2015
`
`6/12/2014
`
`9/5/2017
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`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 9 of 22
`
`
`
`MARK
`
`UBER-
`MONSTER
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
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`DATE
`FILED
`
`REG. DATE
`
`7/9/2010
`
`10/30/2012
`
`4/2/2009
`
`2/22/2011
`
`2/2/2015
`
`12/8/2015
`
`5/17/2018
`
`9/25/2018
`
`REG. NO.
`
`4,234,456
`
`
`GOODS/SERVICES
`energy drinks 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
`3,923,683 All purpose sport bags; all-
`purpose carrying bags;
`backpacks; duffle bags
`
`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
`Sport helmets; video recordings
`featuring sports, extreme sports
`and motor sports
`
`Watches
`
`Stickers, sticker kits
`comprising stickers and decals;
`decals; posters; calendars
`
`
`5,570,782
`
`-9-
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 10 of 22
`
`
`
`MARK
`
`
`
`
`
`
`DATE
`FILED
`
`REG. DATE
`
`REG. NO.
`
`GOODS/SERVICES
`All-purpose sport bags; all-
`purpose carrying bags;
`backpacks; duffel bags
`
`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
`
`
`
`Copies of the foregoing registrations are attached hereto as Exhibits 1–26.
`11.
`Collectively, the above registrations and trademarks, including all common law rights therein,
`are referred to as the “MONSTER Marks.”
`Pursuant to 15 U.S.C. § 1065, U.S. Trademark Registration Nos. 3,044,314,
`12.
`3,044,315, 3,057,061, 3,134,842, 3,852,118, 3,959,457, 4,036,680, 4,036,681, 4,111,964,
`4,129,288, 4,234,456, 4,376,796, 4,451,535, 4,634,053, 4,716,750, and 4,721,433 are
`incontestable.
`In addition, since 2002, Monster has consistently used a distinctive trade dress for
`13.
`its products, packaging, and promotional materials using the colors green, black, and/or white
`with the word “Monster” (the “MONSTER Trade Dress”). One example of Monster’s use of the
`MONSTER Trade Dress is shown below:
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`
`
`-10-
`
`
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
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`

`

`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 11 of 22
`
`
`
`Long before Defendant’s acts described herein, Monster has used or licensed the
`14.
`use of its MONSTER Marks and/or MONSTER Trade Dress in connection with a wide-variety of
`products and services, including bags, towels, blankets, sporting equipment, clothing, clothing
`accessories, gloves, helmets, stickers and decals, headgear, wristbands, retail services, restaurant
`services, advertising, and promotion of goods and services in the sports and fitness industries, as
`well as many other goods and services. Some examples of products bearing Monster’s MONSTER
`Marks and MONSTER Trade Dress are shown below:
`
`
`
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-11-
`
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 12 of 22
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`There is a high demand for merchandise bearing Monster’s MONSTER Marks and
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`MONSTER Trade Dress. Monster has entered into license agreements with several manufacturers,
`giving them a license to produce and sell 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 stores, and at sporting events.
`16. 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.
`17. 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.
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-12-
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 13 of 22
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`18. Monster’s MONSTER line of drinks has achieved substantial commercial
`success. Since 2002, Monster has sold more than 40 billion cans of its MONSTER drinks
`worldwide, which has totaled over $88 billion in estimated retail revenue. While Monster
`continues to expand its successful MONSTER line of drinks, Monster’s best-selling drink is still
`the original Monster Energy® drink, which prominently features the colors green, black, and
`white.
`
`As a result of Monster’s substantial use and promotion of its MONSTER Marks
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`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 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.
`Defendant’s Infringing Activities
`B.
`Defendant is engaged in the business of operating a retail store under the name
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`MONSTER DOLLAR that sells a variety of goods and services. Defendant also owns and
`operates the website https://www.monsterdollar.net/, and maintains a social media profile at
`https://facebook.com/monsterdollar.net/.
`As shown in the image below of Defendant’s retail store sign, Defendant displays
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`the MONSTER DOLLAR mark in the color green against a white background:
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-13-
`
`
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 14 of 22
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`As shown above, Defendant’s trademark and trade dress are confusingly similar
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`to Monster’s MONSTER Marks and MONSTER Trade Dress. Defendant prominently uses the
`term MONSTER as the first and dominant portion of Defendant’s mark. Defendant also uses the
`colors green and white, which Monster has used since 2002 in connection with its MONSTER
`Marks.
`On August 19, 2020, Defendant filed U.S. Application Serial No. 90/122,773 (the
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`“’733 Application”) for the mark “MONSTER DOLLAR” in connection with “gloves; hats;
`pants; shirts; socks; cap visors; polo shirts” in Class 25.
`On May 18, 2021, Monster filed an opposition with the Trademark Trial and
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`Appeal Board (the “Board”) opposing registration of the MONSTER DOLLAR mark based on
`likelihood of confusion with Monster’s trademark registrations and common law rights.
`On August 17, 2021, having received no response from Defendant, the Board
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`entered judgement in favor of Monster.
`Defendant continued its infringing actions after the Board entered judgment in
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`favor of Monster. On September 22, 2021, Monster sent a letter demanding that Defendant cease
`its infringing actions. Defendant did not respond to Monster’s letter. On October 14, 2021,
`Monster sent a follow up letter, which again went unanswered by Defendant.
`On January 24, 2022, Monster hand delivered yet another follow up letter with a
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`courtesy copy of a drafted complaint, to Defendant’s store manager, Jarell Chavez. The letter
`-14-
`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`925 Fourth Ave, Suite 2500, Seattle, WA 98104
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`(206) 405-2000
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`COMPLAINT
`Case No 2:22-cv-524
`
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`

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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 15 of 22
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`advised that Monster would proceed with filing the complaint unless Defendant ceased its
`infringing activities. Mr. Chavez reviewed the letter and complaint, advised he understood the
`reason for the letter, confirmed there were similarities between Defendant’s MONSTER
`DOLLAR mark and Monster’s MONSTER Marks, and agreed to change the color of the
`MONSTER DOLLAR sign.
`On March 3, 2022, Monster made a follow up visit to Defendant’s physical
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`location and noted that no changes were made to the signage, despite Defendant’s representation
`that the sign would be changed.
`Thus, Defendant has been aware of Monster’s MONSTER Marks and MONSTER
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`Trade Dress since at least as early as May 18, 2021, when Monster filed its Notice of Opposition.
`Despite having actual knowledge of Monster’s MONSTER Marks and MONSTER Trade Dress,
`as further evidenced by the above-referenced communications with Monster, Defendant has
`refused to cease its infringing conduct.
`30. Without permission or consent from Monster, Defendant has infringed Monster’s
`MONSTER Marks and MONSTER Trade Dress in interstate commerce by promoting,
`advertising, selling, and/or offering to sell various products and services using the MONSTER
`DOLLAR mark.
`Upon information and belief, Defendant’s actions alleged herein are intended to
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`cause confusion, mistake, or deception as to the source of Defendant’s products and services and
`are intended to cause consumers and potential customers to believe that Defendant’s business,
`and the goods and services that Defendant offers, are associated with Monster or Monster’s
`family of products when they are not.
`By virtue of the acts complained of herein, Defendant has created a likelihood of
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`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
`Defendant or Monster’s and Defendant’s goods and services by, using the MONSTER DOLLAR
`mark, including in the colors green and white as shown above.
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-15-
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 16 of 22
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`Upon information and belief, Defendant’s acts complained of herein are willful
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`and deliberate.
`Defendant’s acts complained of herein have caused damage to Monster in an
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`amount to be determined at trial, and such damages will continue to increase unless Defendant is
`enjoined from its wrongful acts and infringement.
`Defendant’s acts complained of herein have caused Monster to suffer irreparable
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`injury to its business. Monster will suffer substantial loss of goodwill and reputation, as well as
`a loss of control of its trademarks and trade dress unless and until Defendant is preliminarily and
`permanently enjoined from the wrongful acts complained of herein.
`IV. FIRST CLAIM FOR RELIEF
`(Trademark Infringement, Trade Dress Infringement, and False Designation of Origin
`Under 15 U.S.C. § 1125(a))
`36. Monster hereby repeats, realleges, and incorporates by reference Paragraphs 1-35
`of this Complaint as though fully set forth herein.
`This is an action for trademark infringement, trade dress infringement, and false
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`designation of origin arising under 15 U.S.C. § 1125(a).
`As a result of the widespread use and promotion of Monster’s MONSTER Marks
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`and MONSTER Trade Dress, the marks and trade dress have acquired strong secondary meaning
`to consumers and potential customers, in that consumers and potential customers have come to
`associate the MONSTER Marks and MONSTER Trade Dress with Monster.
`Defendant has infringed Monster’s MONSTER Marks and MONSTER Trade
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`Dress, and created a false designation of origin, by using in commerce, without Monster’s
`permission, the confusingly similar MONSTER DOLLAR mark, including in the colors green
`and white, in connection with the advertisement, offering for sale, and/or sale of Defendant’s
`goods and services.
`Defendant’s actions are likely to cause confusion and mistake, or to deceive as to
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`the affiliation, connection, or association of Monster with Defendant, and/or as to the origin,
`
`COMPLAINT
`Case No 2:22-cv-524
`
`
`-16-
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 17 of 22
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`sponsorship, or approval of Defendant’s products or Defendant’s commercial activities, in
`violation of 15 U.S.C. § 1125(a).
`Upon information and belief, Defendant did so with the intent to trade upon
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`Monster’s reputation and goodwill by causing confusion and mistake among customers and the
`public and to deceive the public into believing that Defendant’s products and services are
`associated with, sponsored by or approved by Monster, when they are not.
`Upon information and belief, Defendant had actual knowledge of Monster’s
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`ownership and prior use of the MONSTER Marks and MONSTER Trade Dress, and without the
`consent of Monster, willfully violated 15 U.S.C. § 1125(a).
`Defendant, by its actions, has damaged Monster in an amount to be determined at
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`trial.
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`Defendant, by its actions, has irreparably injured Monster. Such irreparable
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`injury will continue unless Defendant is preliminarily and permanently enjoined by this Court
`from further violation of Monster’s rights, for which Monster has no adequate remedy at law.
`V. SECOND CLAIM FOR RELIEF
`(Trademark Infringement Under 15 U.S.C. § 1114)
`45. Monster hereby repeats, realleges, and incorporates by reference Paragraphs 1-44
`of this Complaint as though fully set forth herein.
`This is a claim for trademark infringement arising under 15 U.S.C. § 1114.
`46.
`47. Monster owns valid and enforceable federally registered trademarks for the
`MONSTER Marks, including at least the registrations listed in Paragraph 10 above.
`Defendant has used in commerce, without permission from Monster, colorable
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`imitations, and/or confusingly similar marks to Monster’s MONSTER Marks that are the subject
`of one or more of the registrations listed in Paragraph 10 above.
`The activities of Defendant complained of herein constitute willful and intentional
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`infringements of Monster’s registered marks, and Defendant did so with the intent to trade upon
`Monster’s reputation and goodwill by causing confusion and mistake among customers and the
`public and to deceive the public into believing that Defendant’s products and services are
`-17-
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Ave, Suite 2500, Seattle, WA 98104
`(206) 405-2000
`
`COMPLAINT
`Case No 2:22-cv-524
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`Case 2:22-cv-00524 Document 1 Filed 04/20/22 Page 18 of 22
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`associated with, sponsored by, originated from, or are approved by, Monster, when they are not.
`Upon information and belief, Defendant had actual knowledge of Monster’s
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`ownership and prior use of the MONSTER Marks, and had actual knowledge that Defendant’s
`actions constituted infringement of Monster’s MONSTER Marks, and have willfully violated 15
`U.S.C. § 1114.
`Defendant, by its actions, has damaged Monster in an amount to be determined at
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`trial.
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`Defendant, by its actions, has irreparably injured Monster. Such irreparable
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`injury will continue unless Defendant is preliminarily and permanently enjoined by this Court
`from further violation of Monster’s rights, for which Monster has no adequate remedy at law.
`VI. THIRD CLAIM FOR RELIEF
`(Unfair Competition Under Wash. Rev. Code Ann. § 19.86.020)
`53. Monster hereby repeats, realleges, and incorporates by reference Paragraphs 1-52
`of this Complaint as though fully set forth herein.
`This is a claim for unfair competition arising under Wash. Rev. Code Ann. §
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`19.86.020.
`By virtue of the actions of Defendant complained of herein, Defendant has
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`competed unfairly with Monster.
`Upon information and belief, Defendant’s actions have been willful and
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`deliberate.
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`Defendant, by its actions, has damaged Monster in an amount to be determined at
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`trial.
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`Defendant, by its