In 2016, Monster Energy Company (“Monster”) filed four Oppositions against Maple Leaf Sports & Entertainment Ltd. and NBA Properties (“Applicants”) on the basis of likelihood of confusion between the Applicants’ claw logo marks and its “M-Claw” mark. The TTAB recently dismissed Monster’s Oppositions. In its decision, the TTAB found that the Applicants fame was only in the context of energy drinks and did not extend to other products or services. In particular, the TTAB concluded that “the significant differences in appearance, sound (if any), meaning, and commercial impression” between the marks precluded a finding of likelihood of confusion. Additionally, the TTAB dismissed Monster’s dilution claims because its mark “is not sufficiently famous for dilution purposes.” In the same decision, the TTAB dismissed the Applicants’ Counterclaim alleging a likelihood of confusion between Monster’s mark and another claw mark. The TTAB concluded that the “Prior Claw Mark is so different from Monster’s M-Claw Mark in appearance, sound (if any), meaning, and overall commercial impression to preclude a finding of likelihood of confusion.”
To read the full decision, click here.