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Differences between MONSTER and CLEVELAND MONSTERS and Lack of Actual Confusion Lead Board to Dismiss Section 2(d) Opposition

In an exhaustive 77-page decision, the Board dismissed Monster Energy's opposition to registration of the mark CLEVELAND MONSTERS & Design for a variety of goods and services in eight classes, finding that opposer had failed to prove a likelihood of confusion with its mark MONSTER used and/or licensed for beverages and various other products and services. The differences in the marks and the lack of proof of any actual confusion outweighed the other pertinent DuPont factors. The Board also found that Monster Energy acquiesced to applicant's use and registration of the CLEVELAND MONSTERS mark by its silence regarding applicant's use for many years of the LAKE ERIE MONSTERS mark. This blog post will touch upon the highlights of the decision, but the reader is urged to read the entire opinion...continue to full post

Full post as published by The TTABlog on October 09, 2020 (boomark / email).