Intellectual Property Law

Vermont Brewery Challenged by Monster Energy Drink Over Trademark

By Jeff Kanof

Rock Art Brewery owners Matt and Renee Nadeau received a cease and desist letter from makers of Monster Energy Drink (Hansen Beverage Company) to stop selling its Vermonster beer and drop its efforts to get a federal trademark for the name.  Hansen claims use of the name Vermonster beer “will undoubtedly create a likelihood of confusion and/or dilute the distintive quality of Hansen’s Monster marks.”  Although several lawyers have advised Rock Art that they would likely prevail in the legal battle, it is unclear whether the small brewery will have the funding to go up against a company like Hansen who has revenues of around $600 million per year.

• Monster Problem for Rock Art – WCAX.com
• Timeline of Dispute – Beernews.org
• A True Monster Attacks Rock Art Brewery – Washingtoncitypaper.com

UPDATE: Monster and Rock Art came to an agreement that Rock Art may continue to use the name “Vermonster” as long as it stays out of the energy drink business.  LINK

Full post as published by BC Law Intell. Prop. & Tech. Forum on October 16, 2009 (boomark / email).