Matt and "The Monster"- Rock Art Brewery vs. Monster Energy Drink

Comment by Don Gravatt on October 22, 2009 at 10:32pm

Not sure if everyone heard, but yesterday afternoon Hansen settled the trademark dispute. The settlement allows Rock Art to sell Vermonster.

Comment by Jeff Louella on October 22, 2009 at 10:59pm

Sweet!

Comment by Jeff Louella on October 22, 2009 at 11:00pm

I love how the little guy with a video camera and internet connection can take on his own battles these days.

Comment by Rick Gordon on October 23, 2009 at 6:44am

Interesting...at first I was 100% in favor of Rock Art's position, but check out the back story below....makes me kind of change my opinion (at least somewhat).

Like many, I also like to root for the little guy, especially when it involves micro-brewed beer. However, before jumping on either side it would behoove folks to at least learn a little about the issues and the facts surrounding them. Trademarks cases are rarely that clear cut and so far we have only heard from one side. A quick search with a friend's help on the US Patent and Trademark Office website (http://www.uspto.gov) yielded me the following information - in 2002 Hansen registered Monster Energy, in 2006 Rock Art Brewery first used Vermonster and are just now registering it. There is also Brooklyn's Monster Ale which they abandoned their trademark registration in 2006. So given that trademarks are based on first usage it would seem that Hansen does have a bonafide argument given that both are beverages. On the flip side, one is an energy drink versus an alcoholic beverage and are unlikely to be confused especially given the labeling differences so one could also argue this fact. The key word here is argue, which fortunately or unfortunately are what lawyers and courts are for. I also found that Hansen had trademarks for alcoholic beverages that also used the word "monster" but these were abandoned. Finally, when cases are appealed and the higher court affirms the lower courts ruling the losing side typically pays for the court costs and well as the opposing sides counsel.

Comment by Jeff Louella on October 23, 2009 at 2:01pm

My thing is that they are called "Monster Energy". that is nothing like "Vermonster". Ben and Jerry's has an Ice Cream called Vermonster. I would think that could be something to sue on.

Comment by Don Gravatt on October 25, 2009 at 3:43pm

When we were at the brewery I was interviewed by VPR, of course they took the part of the quote where I referenced the local article on craft brewing from a few months ago and made it sound like I said it. http://www.vpr.net/news_detail/86201/

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