News & Notes About the Firm
Latest firm news
Firm Wins Trademark Case Against MONSTER ENERGY®
The Firm successfully defended a monster of a trademark case filed by Monster Energy Corp. against Firm client, SS Vape Brands, Inc. Monster Energy is one of the world’s largest beverage companies. SS Vape sells electronic cigarette products.
The administrative litigation before the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office involved an opposition against SS Vape’s U.S. trademark application for the mark ICE MONSTER on e-cigarette liquid. TTAB cases proceed much like litigation in the U.S. District Courts in accordance with the Federal Rules of Civil Procedure, though final decisions are rendered by a panel of administrative law judges. Monster Energy alleged that it would be damaged by the grant of a registration to SS Vape for the ICE MONSTER mark on the basis of a likelihood of confusion with the MONSTER ENERGY marks, including several MOSTER variations, spanning dozens of prior registrations extending from energy drinks to nutritional supplements in liquid form and collateral merchandise.
Represented by Firm Partner, Meredith Frank Mendez, SS Vape denied that its ICE MONSTER mark is likely to cause confusion. One of its main arguments was that the parties’ goods are not related, so consumers will not perceive that the goods emanate from the same source or that they are associated or affiliated with a single source. After years of protracted litigation, the parties submitted trial briefs and extensive evidence, which the TTAB considered in a 76-page opinion dismissing Monster Energy’s case. Among other things, the decision held:
“The fact that the goods are not related and that there have been no reported instances of confusion carry great weight in our analysis. See Citigroup, 98 USPQ2d at 1261 (varying weights may be assigned to each DuPont factor depending on the evidence presented); In re Shell Oil Co., 992 F.2d 1204, 26 USPQ2d 1687, 1688 (Fed. Cir. 1993) (“[T]he various evidentiary factors may play more or less weighty roles in any particular determination.”). We find, therefore, that Applicant’s mark ICE MONSTER and design for “electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges” is not likely to cause confusion with Opposer’s MONSTER and MONSTER ENERGY marks for the goods and services in connection which Opposer has registered and uses those marks.
The full decision of the TTAB can be accessed here. Ms. Mendez acted as lead counsel with assistance from Associates John Eagan and Cleo Suero.
Firm Attorneys Recognized as Best Lawyers in America, 2024 Edition
The Firm is proud to announce that the following Firm Attorneys were selected by their peers to be recognized in the 2024 Edition of The Best Lawyers in America, for various areas of Intellectual Property Law: Jennie S. Malloy, John Cyril Malloy III, Oliver A. Ruiz, Peter A. Matos, and Robert M. Downey. Best Lawyers is one of the preeminent peer-reviewed listings of the best legal talent in the world.
Malloy & Malloy IP Update – Law Firm of Year, Florida Bar and FBA Positions, and Super Lawyers




Franchise Law Convention
Firm Attorneys Oliver Ruiz, Keith Kanouse, and John Malloy attended the International Franchise Association’s 2023 Legal Symposium. Located in Washington, D.C., the legal conference covered evolving issues in Franchise Agreements and Franchise Litigation, among many other topics.

Katelyn Malloy Elected President of Intellectual Property Law Society at University of Miami School of Law
The Firm congratulates Law Clerk, Katelyn Malloy, on her recent election as President of the Intellectual Property Law Society at the University of Miami School of Law for the 2023-2024 academic year. IPLS is an active student organization that supports classmates interested in careers in IP. With the help of her executive board, Ms. Malloy plans to host a range of advanced educational events on emerging IP topics, to strengthen mentorship programs by pairing students with IP practitioners, and to solidify Miami Law’s reputation as the IP leader among law schools.

2023 Miami Lexus Corporate Run
The Firm proudly participated in the Miami Corporate Run on April 27th. Attorney Jonathan Woodard sped through the 5K and crossed the finish line in dazzling time. His teammates, however, dragged down the Firm’s average time as they mostly walked the course through downtown Miami, but all Firm participants enjoyed the camaraderie of this wonderful event.

Firm Associate Kelly Malloy Sponsors Florida Bar President Gary Lesser for Iron Arrow
Kelly Malloy, an Associate and Registered Patent Attorney in the Firm’s Miami office, recently sponsored Florida Bar President Gary Lesser for membership in the Iron Arrow Honor Society, the highest honor attained at the University of Miami. Founded in 1926 with the support and endorsement of the Miccosukee Tribe of Indians, the purpose of Iron Arrow is the protection, improvement, and general welfare of the University. Ms. Malloy was among an elite few “tapped” into Iron Arrow in the spring of 2022 at the end of her term as President of the Student Bar Association at UM Law. The Florida Bar published an article about President Lesser’s tapping as a “Top Story” on its News page, which can be accessed here: https://www.floridabar.org/the-florida-bar-news/president-lesser-tapped-for-ums-iron-arrow-honor-society/

Firm Partner, Oliver A. Ruiz, Presenter at Florida Bar’s Intellectual Property Law Symposium
Firm Partner Oliver A. Ruiz recently presented at the Florida Bar’s Intellectual Property Law Symposium. The program was entitled “Case Study: Daubert Motion on Expert Witness in IP Litigation,” and Mr. Ruiz participated as one of the attorneys arguing the case in the program.
Keith J. Kanouse, Franchise Attorney, Joins Malloy & Malloy as Of Counsel

1st Annual St. Patrick’s Reception in Boca Office, to be Followed by Miami Office’s Long-standing Reception
The Firm’s attorneys in the Boca Raton office were pleased to host clients, fellow attorneys, and friends of the Firm at a “Pre-Patrick’s Day” reception on March 15th. This was the first such reception at the Boca Raton office. This evening, March 16th, the Firm’s Miami office will host its own celebration of the Firm’s Irish heritage, as has been the tradition for decades.




