Cookie Monster Showdown: Monster Energy vs. Beast Cookie in a High Stakes Trademark Battle


(USA Herald) – In the latest corporate clash, a California federal judge has given the green light to Monster Energy’s lawsuit against Beast Cookie Co., a fellow energy product manufacturer. Despite the apparent differences in their branding, the judge believes the lawsuit has sufficient ground to move forward.

In a recent ruling, U.S. District Judge Michael W. Fitzgerald rejected Beast Cookie’s bid to dismiss the claims of trademark and trade dress infringement filed against them by Monster Energy. The energy drink giant asserts that Beast Cookie’s green branding and the phrase “untamed energy” leads to customer confusion between the two companies. Judge Fitzgerald acknowledged some clear differences but stated that Monster has presented enough evidence at this point to argue customer confusion.

“Plaintiff has pled sufficient facts to survive a motion to dismiss by including photographs of the arguably similar trade dresses and an explanation of the prominent color schemes on the product packaging and marketing materials of both parties,” Judge Fitzgerald elucidated.

The saga began in March when Monster Energy accused Beast Cookie of willfully infringing at least 20 of its registered trademarks, including phrases like “unleash the beast” and “rehab the beast.” Monster claims that the defendant knew about Monster’s trademark value before committing the alleged infringing acts.

Beast Cookie attempted to quash the litigation in May, arguing that they’ve been growing their business since 2018 without any opposition from Monster. The cookie company contends they’re being wronged due to Monster’s delayed lawsuit filing, stating, “This court and the applicable law do not reward those who sit on their rights.”

However, Judge Fitzgerald argues that the question of whether Monster “should have known of defendant’s allegedly infringing marks in 2018” remains open for dispute. The judge pointed out that exhibits submitted by Beast Cookie, such as their trademark applications pending since November 2018, do not definitively prove that Monster had knowledge of any potential infringement at that time.

“The fact of such constructive knowledge is subject to reasonable dispute,” Judge Fitzgerald explained.

The case highlights the importance of trademark protection and its implications on public trust. It serves as a reminder to corporations of the value of their brand identity and the necessity to defend it diligently. Equally, it’s a warning to those who may find themselves sailing too close to the wind with their branding, that companies like Monster Energy are ready to defend their trademarks robustly.

On the consumer side, it underscores the crucial role that clear and distinct branding plays in product selection. The resolution of this case may lead to changes in how companies choose and protect their branding, ultimately affecting the everyday purchasing decisions of the public.

The case, Monster Energy Co. v. Beast Cookie Co. LLC, case number 5:23-CV-00568, continues in the U.S. District Court for the Central District of California, with future rulings promising to provide further clarity on trademark laws, the concept of brand confusion, and the defense of laches in trademark disputes. Stay tuned for more developments on this “Cookie Monster” showdown.

By Samuel Lopez | Legal News Contributor for USA Herald

To learn more about the author, visit Samuel Lopez.