Monster Energy Goes After Autobody Shop Because Of It's 'M' Logo And Use Of Green Color

from the monster-mash dept

For regular readers of Techdirt, Monster Energy is one of those companies that need only appear in the headline of a post before the reader knows that said post will be about some ridiculous trademark bullying Monster is doing. The company has a reputation for being about as belligerent on trademark matters as it could possibly be, lobbing lawsuits and trademark oppositions as though the company lawyers had literally nothing else to do with their time. And, while many, many, many of these bullying attempts fail when the merits are considered, the fact is that the bullying still often succeeds in its goal to use the massive Monster Energy coffers to bully victims into either submission or corporate death.

The really frustrating part in all of this is how often Monster Energy attempts to trademark bully companies that aren’t remotely competing in their market. One recent example of this is Monster going after MPT Autobody in South Carolina. For disclosure, one of the founders of MPT reached out to me personally to inform me of exactly what was going on. Based on our conversation and what I can see in public records, the order of events appears to go something like this:

  1. MPT Autobody submits an application to trademark its name and branding (pictures will be below)
  2. Monster Energy opposes the application, citing that MPT’s branding in part includes a stylized “M” and the color “green” and will therefore confuse the public into thinking it’s associated with Monster Energy
  3. After consulting with a lawyer, MPT Autobody drops the application, intending to simply do business without the trademark
  4. Despite that, Monster Energy then sends a C&D notice, arguing that the continued use of “M”s and “green” constitutes copyright infringement, along with a demand that MPT pay Monster Energy’s attorney’s fees

I have embedded the entire C&D notice below so you can go see the details for yourself. That said, let’s start with a couple of facts at the top of all of this. Monster Energy does not have the right to block other companies from using the letter “M” in their branding. Monster Energy also does not have the right to block other companies from using the colors green or black in their branding. Monster Energy also generally does not have the right to block other companies from using green or black “M”s in their branding.

And, yet, simply because Monster Energy sponsors some auto race activities, its letter claims exactly that and, as a result, it includes in its letter the following pictures as to what will confuse the public.

Now, if any of that branding out in the wild brings to mind Monster Energy, you need help. And keep in mind that for all of Monster Energy’s reference to its sponsorship of trucks and cars, it is not in the autobody industry. Given that, there is a hell of a high bar to climb to prove that any of this is infringement.

All of which may end up being besides the point. MPT is going to have hefty bills on its hands if it wants to fight this out, even as it seems to be trying to play nicely with Monster Energy as much as it can. For instance, the company’s site now has a disclaimer on it, noting that they are not affiliated with Monster Energy. The company is also looking into the potential of using a different shade of green on branding, though it’s anyone’s guess if that would satisfy Monster Energy. The trademark app has been withdrawn.

But trademark bullies are never satisfied with that sort of thing. Instead, they want to grind their victims into the ground. Here’s hoping that doesn’t end up being the case with MPT Autobody.

Filed Under: , ,
Companies: monster energy, mpt autobody

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Comments on “Monster Energy Goes After Autobody Shop Because Of It's 'M' Logo And Use Of Green Color”

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That Anonymous Coward (profile) says:

Meanwhile Congress is screaming how tech companies are killing off competitors by buying them… but an energy drink company has harmed small businesses across all markets is allowed to keep running wild claiming that anything that remotely looks like an M & is any shade of green would confuse their customers…
I really want to watch one of these brain trust customers try to pop the top of a car & drink it.

If only they employed lawyers who were smart enough to tell them that they don’t have to defend against every M & color green thing in the world… that their mark will be safe & these lawsuits do nothing but pad the billable hours for lawyers who are destroying small businesses across all industries but no one remembers the lawyers name, we just know Monster is run by a bunch of idiotic money grubbing assholes who love nothing more than forcing others out of any business.

Monster – Poster child for revamping trademark law to stop assuming markholders are always the victims & a case like this should result in a directed finding & legal costs for the bodyshop.

Anonymous Coward says:

Silly me

You know, just last week, I thought I saw an energy drink rolling down the road and stepped in front of it to I could drink it… I’m now missing several teeth, have my jaw wired shut 🙁 … I’m thinking it was these guys… but why are they driving an energy drink around? Is it to trick people into being hit by this rolling death drink?
I have to lay down and take some more of these lovely pills… that’s the only good thing to come out of it… these fun little happy pills… too bad they don’t stop the pain too.

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