VPX is sueing Monster Energy, over their new RTD, Reign, which they say looks alot like Bang. Here is more info.
Plaintiff, Vital Pharmaceuticals, Inc., d/b/a VPX Sports (“VPX”) hereby sues Defendants, Monster Energy Company (“Monster”) and Reign Beverage Company, LLC (“Reign Beverage”), and states:
1. This action is about Monster and its affiliate Reign Beverage’s intentional infringement of VPX’s well-known BANG® energy drinks, both brands depicted below
2. As clearly visible from the shelves of the foregoing refrigeration cooler, Monster and Reign Beverage have launched a knockoff brand—called REIGN—to shamelessly copy and
cause consumer confusion with VPX’s popular BANG® brand of energy drinks. Neither Monster nor Reign Beverage owns the REIGN® trademark. In fact, VPX is the exclusive licensee of this trademark, which has been registered with the U.S. Patent and Trademark Office (“USPTO”) since December 27, 2016. Moreover, while Monster pays lip-service to “differentiation” in this industry; i.e., “making [Monster’s] brands and products visually appealing and distinctive from other beverages on the shelves of retailers” (Monster 2018 10-K), it has done the exact opposite here. REIGN is nearly identical and confusingly similar to VPX’s own aesthetically appealing and distinctive trade dress for BANG®, and also copies the phrase “body fuel” from VPX’s trademarked tagline, “Potent Brain and Body Fuel.”
Competition law places reasonable limits on the proverbial expression “imitation is the sincerest form of flattery.” Flattery aside, Defendants’ blatant infringement of VPX’s
distinctive trade dress and their unauthorized use of the REIGN® trademark and the tagline, “Potent Brain and Body Fuel,” unlawfully encroach upon any acceptable notion of fair
competition. VPX brings this complaint for damages and injunctive relief against Defendants for federal trade dress infringement; federal trademark infringement; federal unfair competition; common law trade dress infringement and unfair competition; common law trademark infringement; and misleading and deceptive trade practices in violation of the Florida Deceptive and Unfair Trade Practices Act.
Info on the latest lawsuit...
https://www.stack3d.com/wp-content/uploads/2019/03/monster-reign-vpx-bang-trademark-lawsuit.pdf
