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October 15, 2009

Hansen responds to trademark dispute between Monster Energy, Vermonster

hansen

Hansen Beverage Company manufactures and distributes the famous MONSTER ENERGY® line of energy drinks and owns trademark registrations for the famous marks in the U.S. and throughout the world for beverages, branded apparel and other products.


Over the last eight years, Hansen Beverage Company has spent many millions of dollars promoting and establishing awareness for these trademarks around the world and has additionally spent millions of dollars registering and protecting these trademarks which are the Company’s single most valuable asset.

In July 2009, it came to the attention of Hansen Beverage Company that Rock Art Brewery, LLC had filed an application to register a federal trademark throughout the United States in connection with Rock Art’s Vermonster beer product.

In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is legally obliged to, and routinely sends, “cease and desist” letters to, and where appropriate, pursues litigation against, entities and persons who use or attempt to register similar trademarks for products that are similar or related to Monster Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on September 4, 2009.

Hansen is a publicly traded company with an obligation to its shareholders to vigorously defend its valuable trademarks and intellectual property rights against dilution, potential infringement or confusion. Opposing the same or similar trademark applications is standard protocol for Hansen Beverage Company, as it is for all other consumer product companies.

Hansen has not, and does not, target or single out one company over any other, nor distinguish between big or small companies or individuals when enforcing our trademarks. The size of the third party misappropriating or infringing the Hansen’s trademark rights is irrelevant.

Hansen management has been working with Rock Art Brewery toward an amicable solution.

As part of prudent business practice, Hansen Beverage Company will continue to take appropriate action to protect its trademark rights and property.

Posted by: beersage @ 6:27 pm
Filed under: Beer law
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23 Responses to “Hansen responds to trademark dispute between Monster Energy, Vermonster”

  1. I poop in Hansen Beverage Company’s general direction.

  2. Whatever. Amicable solution also means something bad for Rock Art. These guys have less than 10 people working there. Monster Energy could probably, no surely, come up with a figure to buy out the whole brewery and be in the the beer business tomorrow. I hope until they own the brewery, that no one ever buys Monster Energy anything, including their fought after apparel trademarks that no one knows about.

  3. An amicable solution would be to leave Rock Art alone because Vermonster has nothing to do with their shitty energy drink and nobody thinks it does.

  4. Chris Walton Says:

    Seems like a frivolous legal argument on Hansen’s part. (a) There isn’t likelihood of confusion, and (b) the marks pertain to different goods (energy drinks vs. beer). For their sake and Rock Art’s, they should just admit they’re wrong and move on.

  5. Why didn’t they go after Brooklyn that has been making Monster Ale since the early 90s? (Well before Monster Energy Drink ever came out) Or how about Terrapin’s Big Hoppy Monster? There are so many beers with monster in their name. This is absolutely ridiculous.

    Hell Monster Cable even tried doing this to a mini golf company before and the support the mini golf company got made Monster Cable drop suit. http://en.wikipedia.org/wiki/Monster_cable#Monster_Mini_Golf

  6. My guess is that they are trying to eradicate any new Monster trademarks in beer so that they are all set when they decide to enter the market and create new trademarks of their own.

    They couldn’t have foreseen this kind of backlash though.

  7. What’s completely ridiculous here is Hansen’s reasoning. Their original application very specifically said that “Monster” was for NON-ALCOHOLIC drinks, but now they “want to get into beer.” Tough luck, that’s not what the wording says. I hope that Rock Art gets a judge that throws Hansen’s under the bus.

  8. [...] BEERNEWS.ORG — “Hansen responds to trademark dispute between Monster Energy, Vermonster” [...]

  9. [...] story is still picking up steam, Hansen has been slow to react to the uproar in the social media. A statement was released by the company on Oct 14th indicating, in boring legal jibba, that the company cares [...]

  10. a stupid frivolous and just plain mean “cease and desist” that to a small family company is the same as a “lawsuit”.
    and yes, i am intelligent enough (despite what Monster seems to think of its drinking masses of which i am not one of them) to know the difference between an energy drink and beer. most importantly, they are totally different and have nothing to do with each other.

    another notch in the “why corporate america sucks” belt goes down in history.

    http://beerambassador.blogspot.com/2009/10/tired-of-corporate-america.html

  11. [...] monster company is suing small company over the Vermonster beer name… From beernews.org: Hansen Beverage Company manufactures and distributes the famous MONSTER ENERGY® line of energy [...]

  12. Hansen is going to have to row back from this one.

    http://www.brandrants.com/2009/10/boycott-monster-energy-drink.html

  13. Hansen responds to trademark dispute between Monster Energy, Vermonster http://ff.im/-9U2dq

    This comment was originally posted on Twitter

  14. @HansensNatural @MonsterEnergy issue statement on Rock Art Vermonster – Monster Energy trademark dispute http://bit.ly/365dhl

    This comment was originally posted on Twitter

  15. Hansen responds to trademark dispute between Monster Energy, Vermonster http://bit.ly/TmCsd

    This comment was originally posted on Twitter

  16. Josh — I posted your 12 ways to help on the blog! Thanks!

    This comment was originally posted on SUPPORT ROCK ART BREWERY SAVE VERMONSTER

  17. Hansen responds to dispute over Monster Energy/Vermonster beer http://bit.ly/TmCsd Why attack unrelated businesses? Please, #boycottmonster

    This comment was originally posted on Twitter

  18. Hansen responds to dispute over Monster Energy/Vermonster beer http://bit.ly/TmCsd Why attack unrelated businesses? Please, #boycottmonster

    This comment was originally posted on Twitter

  19. Hansen: “[we have an] obligation to defend our trademarks..” http://bit.ly/4k5RaR Me:”..by threatening a family business” #boycottmonster

    This comment was originally posted on Twitter

  20. You have been added! Thanks!

    This comment was originally posted on SUPPORT ROCK ART BREWERY SAVE VERMONSTER

  21. AWESOME! You have been added!

    This comment was originally posted on SUPPORT ROCK ART BREWERY SAVE VERMONSTER

  22. Done! Thanks Steph!!!

    This comment was originally posted on SUPPORT ROCK ART BREWERY SAVE VERMONSTER

  23. Thanks Dave! Feel free to post something on your blog and we will put it on here!!!

    This comment was originally posted on SUPPORT ROCK ART BREWERY SAVE VERMONSTER

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