On February 24, Monster Energy Company sent a cease & desist letter to MonsterFishKeepers.com in regards to their use of the marks MonsterFishKeepers, and the MonsterFishKeepers “M” symbol in connection with clothing, accessories, and stickers. On July 2, 2012 Monster Energy Company initiated Opposition proceedings before the Trademark Trial and Appeal Board claiming that the use of these marks constitutes Class 25 trademark infringement and would cause confusion with their own MONSTER™, MONSTER ENERGY®, and MONSTER “Claw M®” marks. It also requires us to drop the Class 25 trademark applications that were pending at the time for merchandising. MonsterFishKeepers.com asserted that an informed consumer would be unlikely to mistake the two brands as one is specifically marketed towards the keepers of large fishes in specialized online sites & aquarium stores while the other is more openly marketed in sports-related facilities and traditional retail stores.
As you know, we have been using our MonsterFishKeepers and the MonsterFishKeepers “M” design marks since March 30, 2005 and the marks were duly registered with the U.S. Patent and Trademark Office since October 23, 2007. We strongly believe that the law is on MonsterFishKeepers.com’s side, but MonsterFishKeepers.com will not be able to fund the legal proceedings that would be needed to resolve this dispute with Monster Energy. Unfortunately, even if MonsterFishKeepers.com wins the first round of the case; in the end, Monster Energy would certainly outlast MonsterFishKeepers.com in the legal proceedings and appeals because of their vast resources. The lengthy process could cause MonsterFishKeepers.com to run out of money, since there is no way that such a small company could compete with such a large company in terms of legal fees. As such, we, the staff of the Monster Aquaria Network, ask that you, the reader & MonsterFishKeepers.com members & supporters, help us to convince Monster Energy Corporation to drop this issue immediately. We intend to contact them to make our discontent known in a clear and professional manner, as well as hit them at the bottom line by boycotting all Monster Energy Corporation products. We would greatly appreciate it if you would take a small amount of time out of your day to let Monster Energy know that what they’re doing is not going to be well regarded/well perceived by us as consumers of their soft drink products.
In closing, we thank you for your continued support, and we hope that we will be able to enjoy many more years of fish-filled fun once this issue is resolved.
Monster Energy Corporation Contact Information
Monster Beverage Corporation
Attention: Consumer Relations
550 Monica Circle Suite 201
Corona, CA 92880
Monster Energy Company
550 Monica Circle, Suite 201
Corona, CA 92880
866-322-4466 Ext. 585
Monster Energy Corporation Brands