Monster Energy Company v. Red Lipstick Monster Ewa Grzelakowska-Kostoglu

Monster Energy Company

Decision

The opponent failed to prove reputation of its 'MONSTER' marks for class 25. Live sports events are dissimilar to educational services in Class 41 because their primary purpose is to entertain rather than to educate. Reasoning is provided regarding a previous BOA decision which had reached the opposite conclusion. The word 'MONSTER' is not particularly unusual or striking. The Board sees no reason to grant the earlier marks such broad protection so as to exclude registration of any other mark containing the word 'MONSTER'. The finding of no LOC is confirmed.

Comparison of Trademarks

MONSTER ENERGY

RED LIPSTICK MONSTER

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