VPX has tried to argue that INFERNO shares features with BANG products, including a black background with boldly contrasting colors throughout the rest of the can and flavor designations in “ALL CAPS.”
In response, Monster denies this claim and argues that, “In fact, these allegations and related allegations throughout the Complaint are frivolous, and Defendants reserve all rights to seek appropriate remedies for these frivolous allegations at the appropriate time.”
Furthermore, Monster has shot down VPX’s argument that their REIGN and REIGN INFERNO products have been designed to confuse consumers, especially when on display in store coolers alongside BANG products.
In addition to denying all of VPX’s claims, Monster has pointed out that their original trade dress had been established as early as 2002, while VPX began marketing their BANG drinks as late as 2012.
According to Monster, VPX’s first rendition of BANG looked entirely different from their current trade dress, with the word “BANG” displayed vertically as well as a bright contrasting logo and performance ingredients displayed along the rim.
