Monster Energy opposes University City Monsterville ttabvue-91227413-OPP-1.pdf

8/18/2019 Monster Energy opposes University City Monsterville ttabvue-91227413-OPP-1.pdf

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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA740918

Filing date: 04/19/2016

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application.

Opposer Information

Name Monster Energy Company

Granted to Dateof previous ex-tension

04/20/2016

Address 1 Monster WayCorona, CA 92879UNITED STATES

Correspondenceinformation

Bruce B. BrundaStetina Brunda Garred & Brucker75 Enterprise, Suite 250Aliso Viejo, CA 92656UNITED [email protected], [email protected]

Applicant Information

Application No 86495705 Publication date 12/22/2015

Opposition FilingDate

04/19/2016 Opposition Peri-od Ends

04/20/2016

Applicant Universal City Studios LLC100 Universal City PlazaUniversal City, CA 91608UNITED STATES

Goods/Services Affected by Opposition

Class 009. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Pre-recorded media, namely, digital, audio,and video tapes and discs, CDs, DVDs, and MP3-players featuring books, music, movies and otherentertainment audio-visual programming in the field of drama, action, adventure, romance, comedy,documentaries, science fiction, horror andanimation; downloadable motion picturesand audio-visualentertainment programsin the field of drama, action, adventure, romance, comedy, documentaries,science fiction, horror and animation; downloadable ring tones, computer screen saversoftware, im-

ages, and music files via aglobal computer network and wireless communication devices; download-able videosvia a global computer network and wireless communication devices in the field of drama,action, adventure, romance, comedy, documentaries, science fiction, horror and animation; down-loadable computer, video and electronic game programs andsoftware via a global computer networkand wireless communication devices; downloadable interactive computer, video andelectronic gameprograms and software via a global computer network and wireless communication devices; com-puter, videoand electronic game programs, software,cartridges, and memory cards; interactive com-puter, video and electronic game programs, software, cartridges, and memory cards; computer soft-ware game applications for mobile phones and tablets; computer screen saver software; download-ableelectronic publications, namely, a series of fiction books; mouse pads; protective carrying casesadapted for portable music players; protective covers and cases for mobile phones, tablets, and

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PDAs;speakers, audio headphones and earbuds;computer storage devices, namely, blankflashdrives; calculating machines; decorative magnets; kitchen magnets; sunglasses; 3-D glasses; swimmasks; downloadable computer game software for use on mobile and cellular phones; mobile phoneaccessories, namely, battery chargers, headphones, speakers, cases, protective covers, protectivedisplay screen covers, wired and wireless ear buds, microphonesand hands-free devices


Application No 86495708 Publication date 12/22/2015Opposition FilingDate




Class 016. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Paper and cardboard products, namely, ad-dress labels, adhesive labels, adhesivenote paper, adhesive notepads, agendas,appointment books,

art pictures, art prints, bathroom tissue, blank cards, blank note cards, blank notebooks, blank or par-tially printed paper labels, book covers, bookmarkers, book-cover paper, cardboard hang tags, chil-dren's wall stickers and murals, Christmas cards, children's arts and crafts paper kits, coasters madeof paper, coasters of cardboard, craft paper, daily planners, decorative paper centerpieces, engage-ment books, envelopes, facial tissue, flags and pennants of paper, graphic prints and representa-tions, hand towels of paper, holiday cards, illustrated notepads, letter paper, memo blocks, notecards, notepads, occasion cards, paper bags and sacks, paper banners, paper gift cards, paper gifttags, paper hang tags, paper note tablets, paper party bags, paper party decorations, paper cakedecorations, paper cake toppers, paper serviettes, paper table linens, paper tissues, paper towels,party favor gift boxes sold empty, party goodiebags of paper, party ornaments of paper, picturebooks, picture postcards and printed paper signs; school supply kits containing various combinationsof selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers,markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencil sharpeners, writinggrips, glue and book marks; paper party supplies, namely, paper napkins, paper placemats, paper giftwrap and paper gift wrapping ribbons, paper table cloths and paper party bags; stationery; writing in-struments; pens, pencils, markers; crayons; modeling materials and compounds for use by children;arts and crafts paint kits; school supplies, namely, writing instruments, pens, pencils, mechanicalpencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, paper clips, pencilsharpeners, writing grips, glue for stationery purpose; office requisites, namely, staplers, staple re-movers; paper clips; drawing rulers; gluefor stationery or household use; pen and pencil cases;erasers; pencil sharpeners; decorative pencil top ornaments; writing slates; adhesives for stationeryorhousehold purposes; rubber stamps; stamp pads; photographs and posters; paper party goods,namely, napkins and decorations; paper gift wrap; books, magazines, and graphic books in the fieldof animation, cartoons, drama, action, adventure,science-fiction, romance and suspense; children'sstory and activity books; albums for scrapbooks, stickers, sketchbooks and photographs; note padand writing instrument sets

Applicant InformationApplication No 86495713 Publication date 12/22/2015





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Class 025. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Clothing, namely, T-shirts, blouses, tanktops, skirts, trousers, jeans, pants,shorts, skorts, overalls, jumpers, rompers, dresses, sweaters, jack-ets, blazers, coats, ponchos, scarves, stoles, shawls, socks, tights, leotards, stockings, leggings, legwarmers, slipper socks, ties, bow ties, pocket squares, suspenders,belts, aprons, undershirts, under-

pants,underwear, snow suits, snow pants, ear muffs; sleepwear; loungewear; swimwear; rainwear;footwear; headwear; Halloween costumes






Goods/Services Affected by OppositionClass 028. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Toys, games and playthings, namely, targetaction games; action figures and accessories therefor; playsets for action figures; battery operatedaction toys; toy pistols, target sets; miniature die cast vehicles; toy airplanes and helicopters; batteryoperated remote controlled toy vehicles; flying disks; toy train sets; play shaving kits; balls for games;balls for sports; inflatable bop bags; toy model hobby craft kits for constructing two- and three-dimensional positionable toy figures; sporting articles, namely, target sets for sporting use, inflatablepunching bags, athletic protective elbow pads for skateboarding, athletic protective knee pads forskateboarding, bowling bags, bowling ball covers, bowling gloves, elbow guards for athletic use andelbow pads for athletic use; skateboards; ice skates; roller-skates; kites; yo-yos; pinball and arcadegame machines; hand held units for playing electronic games; stand alone video output game ma-chines; surfboards; swim fins; swim floatsfor recreational use; collectible toy figures; vinyl toy figures;

balloons; toybuilding blocks; playing cards; board games, card games; memory games; cognitive skillgames; parlor games; party games; role playing games; costume masks; puzzles; marbles; indoorslumber and play tents; bathtub toys; drawing toys; musical toys; plush toys; pull toys; sand toys;squeeze toys; stuffed toys; talking toys; water squirting toys; wind-up toys; hand puppets; sit-in andride-on toy vehicles; toy banks; toy bakeware and toy cookware; bubble-making wand and solution-sets; party favors in the nature of small toys, crackers and noisemakers; streamers; paper party hats;pinatas; bobblehead dolls; dolls and accessories therefor; playsets for dolls; doll clothing; dollhouses; clothing for stuffed and plush toys; play cosmetics for children; pettoys; Christmas tree orna-ments and decorations, excluding confectionery and illumination articles; snow globes; egg decorat-ing kits; amusement park rides


Application No 86495720 Publication date 12/22/2015Opposition FilingDate




Class 029. First Use: 0 First Use In Commerce: 0


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All goods and services in the class are opposed, namely: Meat, fish, poultry and game, not live;meatextracts; preserved, frozen, driedand cooked fruits and vegetables; jellies, jams, compotes; eggs;milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; cheese,cheese and cracker combinations;potato based snack foods; fruit based snack foods; snack mix con-sisting primarily of processed fruits, processed nuts and/or raisins; dried fruits; processed, preparedand roasted nuts; jerky; dehydrated fruits; processed luncheon meats; meat; fish, not live; poultry;seafood, not live; sausages; peanut butter; fruit preserves; canned olives and processed olives;pickles; instant potatoes; flakedcoconut; soup mixes; dried beans; canned beans with meat and

canned beans without meat; canned vegetables; canned soups; canned fruits and bottled fruits;cooking oils, vegetable oils; shortening, nondairy creamer; dips, excluding salsa and other saucesused as dips; half and half, namely, milk and cream mixture; whipped cream; condensed and evapor-ated milk; sour cream; cottage cheese; butter; margarine; cream cheese; frozen vegetables; pre-pared potatoes and processed potatoes; frozen appetizers consisting primarily of meat, frozen appet-izers consistingprimarily of chicken, frozen appetizersconsisting primarily of seafood, frozenappet-izers consisting primarily of cheese, and frozen appetizers consisting primarily of vegetables; frozenappetizers consisting primarily of jalapeno peppers; non-dairy whipped topping; frozen fruit; baggedgarden salads; potato salad; applesauce; frozen entrees consisting primarily of meat, frozen entreesconsisting primarily of fish, frozen entrees consisting primarily of poultry and frozen entrees consist-ing primarily of vegetables; fruit based pie filling for cakes andpies







Class 030. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Coffee, tea, cocoa and artificial coffee; rice;tapioca and sago; flour; bread,pastry and confectionery made of sugar;edible ices; sugar, honey,treacle; yeast, baking-powder; salt; mustard; vinegar, sauces used as condiments; spices; ice; cook-ies and crackers; ice cream, ice milk, frozen yogurt, dessert pudding, frozen confections and candies,chewing gum and bubble gum, and breakfast cereals





Applicant Universal City Studios LLC100 Universal City PlazaUniversal City, CA 91608

UNITED STATES


Class 041. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Entertainment services, namely, productionand distribution of motion pictures,videos in the field of drama, action, adventure, romance, comedy,documentaries, science fiction, horror and animation,and television programs; provision of non-downloadable videos and images via a video-on-demand service; providing temporary use of non-downloadable video games; electronic publishing services, namely, publication of text and graphicworks of others online featuring entertainment, science fiction and animation, novelizations, scripts,


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comic books, strategy guides, photographs, commentary and interviews; presentation of live showperformances; fan clubs; amusement parks; and entertainment services in the nature of an amuse-ment park attraction, namely, a themed area

Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d)

Marks Cited by Opposer as Basis for OppositionU.S. RegistrationNo.

3057061 Application Date 04/18/2002

Registration Date 02/07/2006 Foreign PriorityDate

NONE

Word Mark MONSTER ENERGY

Design Mark

Description ofMark

NONE

Goods/Services Class 032. First use: First Use: 2002/03/27 First Use In Commerce: 2002/04/18

Fruit juice drinks having a juice content of 50% or less by volume that are shelfstable, carbonated soft drinks, carbonated drinks enhanced with vitamins, miner-als, nutrients, amino acids and/or herbs, [ aerated water, soda water and seltzerwater, ] but excluding perishable beverage products that contain fruit juiceor soy,whether such products are pasteurized or not

U.S. RegistrationNo.



NONE

Word Mark M MONSTER ENERGY

Design Mark

Description ofMark NONE


Beverages, namely, carbonated soft drinks, carbonated drinks enhanced withvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy or sports drinks, fruit juice drinks having a juice content of50%or less by volume that are shelf stable, [ and water, ] but excluding perish-able beverage products that contain fruit juice or soy, whether such products arepasteurized or not



Registration Date 08/29/2006 Foreign Priority

Date

NONE



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Design Mark

Description ofMark

NONE


Beverages, namely, carbonated soft drinks, carbonated soft drinks enhancedwithvitamins, minerals, nutrients, amino acids and/or herbs, carbonated [ andnon-carbonated ] energy and sports drinks, fruit juice drinks having a juice con-tent of 50% or less by volume that are shelf stable, [ and aerated water, sodawater and seltzer water, ] but excluding perishable beverage products that con-tain fruit juice or soy, whether such products are pasteurized or not

U.S. Registration

No.



NONE


Design Mark

Description ofMark

NONE


nutritional supplements in liquid [and non-liquid ] form, but excluding perishablebeverage products that contain fruitjuice or soy, whether such products arepas-teurized or not




NONE


Design Mark

Description ofMark

NONE


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nutritional supplements in liquid [and non-liquid ] form, but excluding perishablebeverage products that contain fruitjuice or soy, whether such products arepas-teurized or not




NONE

Word Mark MONSTER REHAB

Design Mark

Description ofMark

NONE


Nutritional supplements in liquid form

Class 032. First use: First Use: 2011/03/02 First Use In Commerce: 2011/03/02

Beverages, namely, non-alcoholic non-carbonated drinks enhanced with vitam-ins, minerals, nutrients, proteins, amino acids and/or herbs; non-carbonated en-ergy or sports drinks, fruit juice drinks having a juice content of 50% or less byvolume that are shelf-stable; all the foregoing goods exclude perishable bever-age products that contain fruit juice or soy,whether such products are pasteur-

ized or not




NONE

Word Mark MONSTER REHAB

Design Mark

Description ofMark

NONE


Ready to drink tea, iced tea and tea based beverages; ready to drink flavored


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tea, iced tea and tea based beverages




NONE

Word Mark MUSCLE MONSTER

Design Mark

Description of

Mark

NONE


Vitamin fortified beverages


Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee en-ergy shakes; chocolate energy shakes


Ready to drink coffee based beverages; ready to drink chocolate-based bever-ages




NONE

Word Mark MUSCLE MONSTER

Design Mark

Description ofMark

NONE




Beverages, namely, soft drinks; non-alcoholic and non-carbonated drinks en-hanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs;


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non-carbonated energy or sports drinks; all the foregoing goods exclude perish-able beverage products that contain fruit juice or soy, whether such products arepasteurized or not



Registration Date 02/01/2011 Foreign Priority

Date

NONE


Design Mark

Description ofMark

The mark consists of a stylized letter "M" and the stylized words "MONSTERENERGY".


Sports helmets




NONE



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Design Mark

Description ofMark

The mark consists of a stylized letter "M" and stylized words "MONSTER EN-ERGY".


Clothing, namely, t-shirts, hooded shirts and hooded sweatshirts, sweatshirts,jackets, pants, bandanas, sweat bands and gloves; headgear, namely,hats and beanies




NONE


Design Mark


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Description ofMark

The mark consists of a stylized letter "M" and stylized words "MONSTER EN-ERGY".


Stickers; sticker kits comprising stickers and decals; decals




NONE

Word Mark MONSTER CUBA-LIMA

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with juice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,amino acids, and/or herbs, but excluding perishable beverage products that con-tainfruit juice or soy, whether such products are pasteurized or not




NONE

Word Mark MONSTER ENERGY BFC

Design Mark

Description ofMark

NONE





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Beverages, namely, carbonated soft drinks; carbonated and non-carbonated softdrinks and energy drinks enhanced with vitamins, minerals, nutrients, proteins,amino acids and/or herbs; carbonated and non-carbonated energy drinks andsports drinks, fruit juice drinks having a juice content of 50% or less by volumethat are shelf-stable; all the foregoing goods exclude perishable beverageproducts that contain fruit juice or soy, whether such products are pasteurized ornot




NONE

Word Mark MONSTER M-80

Design Mark

Description ofMark

NONE


Nutritional supplements




NONE

Word Mark MONSTER ASSAULT

Design Mark

Description ofMark

NONE


Nutritional supplements in liquid form;vitamin fortified beverages


Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with juice, sports drinks, all enhanced with vitamins, minerals, nutrients, proteins,amino acids, and/or herbs, but excluding perishable beverage products that con-


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tainfruit juice or soy, whether such products are pasteurized or not




NONE

Word Mark JUICE MONSTER

Design Mark

Description of

Mark

NONE




Non-alcoholic beverages, namely, energydrinks and drinks enhanced with vit-amins, minerals, nutrients, amino acids and/or herbs, but excluding perishablebeverage products that contain fruit juice orsoy




NONE

Word Mark PUNCH MONSTER

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, energy drinks flavored with juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced with vitamins,minerals, nutrients, amino acids and/or herbs; all the foregoing goods excludeperishable beverage products that contain fruit juice or soy, whether suchproducts are pasteurized or not


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NONE

Word Mark UBERMONSTER

Design Mark

Description ofMark

NONE




Beverages, namely, carbonated soft drinks; non-alcoholic carbonated soft drink-sand energy drinks enhanced with vitamins, minerals, nutrients, proteins, aminoacids and/or herbs; carbonated energy drinks and sports drinks, all the foregoinggoods exclude perishable beverage products that contain fruit juice or soy,whether such products are pasteurized or not




NONE

Word Mark MONSTER ENERGY ULTRA BLUE

Design Mark

Description ofMark

NONE




Non-alcoholic beverages, namely, energydrinks, soft drinks, sports drinks, allen-hanced with vitamins, minerals, nutrients, amino acids and/or herbs; all the fore-

going goods exclude perishable beverage products that contain fruit juice orsoy,whether such products are pasteurized or not




NONE

Word Mark JAVA MONSTER


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Design Mark

Description ofMark

NONE


Beverages, namely, soft drinks; non-carbonated energy drinks; non-carbonatedsports drinks; soft drinks and non-carbonated energy drinks, all enhanced withvitamins, minerals, nutrients, amino acids,and/or herbs, but excluding perishablebeverage products that contain fruit juice or soy, whether such products are pas-teurized or not

U.S. ApplicationNo.


Registration Date NONE Foreign PriorityDate

NONE

Word Mark MONSTERCROSS

Design Mark

Description ofMark

NONE

Goods/Services Class 041. First use: First Use: 0 First Use In Commerce: 0

Entertainment services in the nature oflive events, competitions and exhibitionsfeaturing motor sports, motocross, supercross, freestyle motocross, freestylesu-percross, and other motor sports events

U.S. Registration

No.



NONE



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Design Mark

Description ofMark

NONE


Non-alcoholic beverages, namely, energydrinks, excluding perishable beverageproducts that contain fruit juice or soy

Attachments 78246567#TMSN.png( bytes )

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Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.

Signature /Bruce B. Brunda/ Name Bruce B. Brunda

Date 04/19/2016


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Case: MNSTR-007M

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Monster Energy Company,

Opposer

vs.

Universal City Studios LLC,

Applicant

)))))))))

Opposition No.:

Serial Nos.: 86/495,705, 86/495,708,86/495,713, 86/495,716, 86/495,720,86/495,725, 86/513,120

CONSOLIDATED NOTICE OF OPPOSITION

Monster Energy Company, a Delaware corporation, located and doing business at

1 Monster Way, Corona, California 92879 (“Opposer”) believes that it will be damaged

by registration of U.S. Trademark Application Serial Nos. 86/495,705, 86/495,708,

86/495,713, 86/495,716, 86/495,720, 86/495,725, 86/513,120 (“the Applications”) for the

mark MONSTERVILLE filed by Universal City Studios LLC (“Applicant”) and

therefore opposes the same (“Opposition”).

The grounds for this Opposition are as follows:

1. By the Applications filed on January 5, 2015 and January 23, 2015,

respectively, based on an alleged intent to use the mark in commerce, Applicant seeks to

obtain registration on the Principal Register of Applicant’s Mark for the goods and

services as set forth below (collectively, “Applicant’s Goods and Services”):

Serial No. Filing Date Goods and Services

86/495,705 January 5, 2015 Class 9: Pre-recorded media, namely, digital, audio,and video tapes and discs, CDs, DVDs, and MP3-players featuring books, music, movies and otherentertainment audio-visual programming in the fieldof drama, action, adventure, romance, comedy,


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documentaries, science fiction, horror and animation;downloadable motion pictures and audio-visualentertainment programs in the field of drama, action,adventure, romance, comedy, documentaries, sciencefiction, horror and animation; downloadable ring

tones, computer screen saver software, images, andmusic files via a global computer network andwireless communication devices; downloadablevideos via a global computer network and wirelesscommunication devices in the field of drama, action,adventure, romance, comedy, documentaries, sciencefiction, horror and animation; downloadablecomputer, video and electronic game programs andsoftware via a global computer network and wirelesscommunication devices; downloadable interactivecomputer, video and electronic game programs and

software via a global computer network and wirelesscommunication devices; computer, video andelectronic game programs, software, cartridges, andmemory cards; interactive computer, video andelectronic game programs, software, cartridges, andmemory cards; computer software game applicationsfor mobile phones and tablets; computer screen saversoftware; downloadable electronic publications,namely, a series of fiction books; mouse pads;protective carrying cases adapted for portable musicplayers; protective covers and cases for mobile

phones, tablets, and PDAs; speakers, audioheadphones and earbuds; computer storage devices,namely, blank flash drives; calculating machines;decorative magnets; kitchen magnets; sunglasses; 3-Dglasses; swim masks; downloadable computer gamesoftware for use on mobile and cellular phones.mobile phone accessories, namely, battery chargers,headphones, speakers, cases, protective covers,protective display screen covers, wired and wirelessear buds, microphones and hands-free devices

86/495,708 January 5, 2015 Class 16: Paper and cardboard products, namely,address labels, adhesive labels, adhesive note paper,adhesive notepads, agendas, appointment books, artpictures, art prints, bathroom tissue, blank cards,blank note cards, blank notebooks, blank or partiallyprinted paper labels, book covers, bookmarkers,book-cover paper, cardboard hang tags, children'swall stickers and murals, Christmas cards, children'sarts and crafts paper kits, coasters made of paper,coasters of cardboard, craft paper, daily planners,decorative paper centerpieces, engagement books,


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envelopes, facial tissue, flags and pennants of paper,graphic prints and representations, hand towels ofpaper, holiday cards, illustrated notepads, letter paper,memo blocks, note cards, notepads, occasion cards,paper bags and sacks, paper banners, paper gift cards,

paper gift tags, paper hang tags, paper note tablets,paper party bags, paper party decorations, paper cakedecorations, paper cake toppers, paper serviettes,paper table linens, paper tissues, paper towels, partyfavor gift boxes sold empty, party goodie bags ofpaper, party ornaments of paper, picture books,picture postcards and printed paper signs; schoolsupply kits containing various combinations ofselected school supplies, namely, writing instruments,pens, pencils, mechanical pencils, erasers, markers,crayons, highlighter pens, folders, notebooks, paper,

paper clips, pencil sharpeners, writing grips, glue andbook marks; paper party supplies, namely, papernapkins, paper placemats, paper gift wrap and papergift wrapping ribbons, paper table cloths and paperparty bags; stationery; writing instruments; pens,pencils, markers; crayons; modeling materials andcompounds for use by children; arts and crafts paintkits. school supplies, namely, writing instruments,pens, pencils, mechanical pencils, erasers, markers,crayons, highlighter pens, folders, notebooks, paper,paper clips, pencil sharpeners, writing grips, glue for

stationery purpose; office requisites, namely, staplers,staple removers; paper clips; drawing rulers; glue forstationery or household use; pen and pencil cases;erasers; pencil sharpeners; decorative pencil topornaments; writing slates; adhesives for stationery orhousehold purposes; rubber stamps; stamp pads;photographs and posters; paper party goods, namely,napkins and decorations; paper gift wrap; books,magazines, and graphic books in the field ofanimation, cartoons, drama, action, adventure,science-fiction, romance and suspense; children'sstory and activity books; albums for scrapbooks,stickers, sketchbooks and photographs; note pad andwriting instrument sets

86/495,713 January 5, 2015 Class 25: Clothing, namely, T-shirts, blouses, tanktops, skirts, trousers, jeans, pants, shorts, skorts,overalls, jumpers, rompers, dresses, sweaters, jackets,blazers, coats, ponchos, scarves, stoles, shawls, socks,tights, leotards, stockings, leggings, leg warmers,slipper socks, ties, bow ties, pocket squares,suspenders, belts, aprons, undershirts, underpants,


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4

underwear, snow suits, snow pants, ear muffs;sleepwear; loungewear; swimwear; rainwear;footwear; headwear; Halloween costumes

86/495,716 January 5, 2015 Class 28: Toys, games and playthings, namely, targetaction games; action figures and accessories therefor;

playsets for action figures; battery operated actiontoys; toy pistols, target sets; miniature die castvehicles; toy airplanes and helicopters; batteryoperated remote controlled toy vehicles; flying disks;toy train sets; play shaving kits; balls for games; ballsfor sports; inflatable bop bags; toy model hobby craftkits for constructing two- and three-dimensionalpositionable toy figures; sporting articles, namely,target sets for sporting use, inflatable punching bags,athletic protective elbow pads for skateboarding,athletic protective knee pads for skateboarding,

bowling bags, bowling ball covers, bowling gloves,elbow guards for athletic use and elbow pads forathletic use; skateboards; ice skates; roller-skates;kites; yo-yos; pinball and arcade game machines;hand held units for playing electronic games; standalone video output game machines; surfboards; swimfins; swim floats for recreational use; collectible toyfigures; vinyl toy figures; balloons; toy buildingblocks; playing cards; board games, card games;memory games; cognitive skill games; parlor games;party games; role playing games; costume masks;

puzzles; marbles; indoor slumber and play tents;bathtub toys; drawing toys; musical toys; plush toys;pull toys; sand toys; squeeze toys; stuffed toys;talking toys; water squirting toys; wind-up toys; handpuppets; sit-in and ride-on toy vehicles; toy banks;toy bakeware and toy cookware; bubble-makingwand and solution sets; party favors in the nature ofsmall toys, crackers and noisemakers; streamers;paper party hats; pinatas; bobblehead dolls; dolls andaccessories therefor; playsets for dolls. doll clothing;doll houses; clothing for stuffed and plush toys; playcosmetics for children; pet toys; Christmas treeornaments and decorations, excluding confectioneryand illumination articles; snow globes; egg decoratingkits; amusement park rides

86/495,720 January 5, 2015 Class 29: Meat, fish, poultry and game, not live; meatextracts; preserved, frozen, dried and cooked fruitsand vegetables; jellies, jams, compotes; eggs; milkand milk products excluding ice cream, ice milk andfrozen yogurt; edible oils and fats; cheese, cheese andcracker combinations; potato based snack foods; fruit


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5

based snack foods; snack mix consisting primarily ofprocessed fruits, processed nuts and/or raisins; driedfruits; processed, prepared and roasted nuts; jerky;dehydrated fruits; processed luncheon meats; meat;fish, not live; poultry; seafood, not live; sausages;

peanut butter; fruit preserves; canned olives andprocessed olives; pickles; instant potatoes; flakedcoconut; soup mixes; dried beans; canned beans withmeat and canned beans without meat; cannedvegetables; canned soups; canned fruits and bottledfruits; cooking oils, vegetable oils; shortening,nondairy creamer; dips, excluding salsa and othersauces used as dips; half and half, namely, milk andcream mixture; whipped cream; condensed andevaporated milk; sour cream; cottage cheese; butter;margarine; cream cheese; frozen vegetables; prepared

potatoes and processed potatoes; frozen appetizersconsisting primarily of meat, frozen appetizersconsisting primarily of chicken, frozen appetizersconsisting primarily of seafood, frozen appetizersconsisting primarily of cheese, and frozen appetizersconsisting primarily of vegetables; frozen appetizersconsisting primarily of jalapeno peppers; non-dairywhipped topping; frozen fruit; bagged garden salads;potato salad; applesauce; frozen entrees consistingprimarily of meat, frozen entrees consisting primarilyof fish, frozen entrees consisting primarily of poultry

and frozen entrees consisting primarily of vegetables;fruit based pie filling for cakes and pies

86/495,725 January 5, 2015 Class 30: Coffee, tea, cocoa and artificial coffee;rice; tapioca and sago; flour; bread, pastry andconfectionery made of sugar; edible ices; sugar,honey, treacle; yeast, baking-powder; salt; mustard;vinegar, sauces used as condiments; spices; ice;cookies and crackers; ice cream, ice milk, frozenyogurt, dessert pudding, frozen confections andcandies, chewing gum and bubble gum, and breakfastcereals

86/513,120 January 23, 2015Class 41: Entertainment services, namely, productionand distribution of motion pictures, videos in the fieldof drama, action, adventure, romance, comedy,documentaries, science fiction, horror and animation,and television programs; provision of non-downloadable videos and images via a video-on-demand service; providing temporary use of non-downloadable video games; electronic publishingservices, namely, publication of text and graphicworks of others online featuring entertainment,


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science fiction and animation, novelizations, scripts,comic books, strategy guides, photographs,commentary and interviews; presentation of liveshow performances; fan clubs; amusement parks; andentertainment services in the nature of an amusement

park attraction, namely, a themed area

2. Since at least 2002, long before the filing date of the presently opposed

application, Opposer has been, and still is, engaged in the development, licensing,

marketing, and sale of energy drinks, clothing, stickers, bags, helmets, clothing,

accessories, and numerous other products under the marks MONSTER and MONSTER

ENERGY and related marks, all containing “MONSTER”. Opposer’s family of

MONSTER Marks includes, for example, the following: MONSTER, ,

, MONSTER ARMY, MONSTER ASSAULT, UBERMONSTER, MONSTER

M-80, JAVA MONSTER, MUSCLE MONSTER, JUICE MONSTER, PUNCH

MONSTER and MONSTER CUBA-LIMA (hereinafter collectively the “MONSTER

Marks”).

3. Opposer has also used and continues to use its MONSTER Marks in

connection with video games, as shown, for example, below:


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4. Opposer has sponsored Esports (competitive video game teams) teams

which compete in multiplayer video game competitions. As a part of these sponsorships,

the Esports teams sponsored by Opposer have certain MONSTER Marks on their

uniforms and have a can of one of Opposer’s energy drinks or a water bottle bearing

certain MONSTER Marks by their keyboard.

5. Opposer has also used and continues to use certain of its MONSTER

Marks extensively in connection with, among other items, clothing, accessories, and

sports gear, including, for example t-shirts, hooded shirts, hooded sweatshirts, sweat

shirts, jackets, pants, bandanas, sweat bands, gloves, headgear, bags, stickers and decals.

Examples of some of Opposer’s clothing bearing Opposer’s MONSTER Marks are

shown below:


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6. There is a huge demand for t-shirts, hats, jackets, and other clothing, gear,

and merchandise bearing Opposer’s MONSTER Marks. Monster has entered into license

agreements with several clothing manufacturers, giving them a license to produce and

sell clothing that bears certain of Opposer’s MONSTER Marks. In the United States,

Opposer licensees have sold licensed apparel bearing Opposer’s MONSTER Marks to

consumers in all 50 states through their own websites and through nationwide retailers.

Those nationwide retailers have also sold the licensed apparel bearing Opposer’s

MONSTER Marks through their own websites. These licensees also sell the licensed

apparel bearing the MONSTER Marks throughout the world including on websites, in

retail stores, and at sporting events.

7. Since at least before the filing date of the Applications, Opposer has

continuously used and promoted its MONSTER Marks. Opposer’s family of MONSTER

Marks is the subject of substantial and continuous marketing and promotion by Opposer

in connection with its beverages and numerous other items. Opposer has and continues to

widely market and promote its family of MONSTER Marks in the industry and to

consumers by, for example, displaying the MONSTER Marks extensively on billions of

cans; on apparel, merchandise, and on products samplings; on promotional and point of


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sale materials; in magazines and other industry publications; on the monsterenergy.com

website, monsterarmy.com website and other Internet websites and social media sites;

and at trade shows, concert tours and live events. In addition, Opposer promotes the

MONSTER Marks through the sponsorship of music festivals, athletes, teams and sports

events that are televised nationwide and internationally. Opposer sponsors or has

sponsored sports events include numerous skateboarding and surfing events, including

but not limited to, Street League Skateboarding World Tour, Tampa Pro 2016, X Games,

MONSTER ENERGY Pipeline Pro, and the Billabong XXL Wave Awards presented by

Monster. Further, Opposer promotes the MONSTER Marks through the sponsorship of

professional gamers, including but not limited to, (1) Team Evil Genius (since 2011); (2)

Alliance (since 2013); (3) EnVy (since 2014); (4) Fnatic (since 2015); and (5) Elements

(since 2015).

8. Opposer also markets and promotes its famous MONSTER Marks on

social media pages dedicated to video game enthusiasts, as shown, for example, below:

9. By virtue of Opposer’s continuous and substantial use, Opposer has

developed strong common law rights in Opposer’s MONSTER Marks, which have

appeared on billions of products and in extensive nationwide promotions. Opposer’s


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common law rights in its family of MONSTER Marks predate the filing dates of the

Applications, and Opposer relies on its common law trademark rights.

10. In addition to its common law rights, Opposer owns and relies on

incontestable U.S. Trademark Registration No. 3,057,061 for the mark MONSTER

ENERGY for “Fruit juice drinks having a juice content of 50% or less by volume that are

shelf stable, carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals,

nutrients, amino acids and/or herbs, but excluding perishable beverage products that

contain fruit juice or soy, whether such products are pasteurized or not” in International

Class 32, which registration issued February 7, 2006 and is based on an application filed

in the PTO on April 18, 2002. The filing date of Opposer’s ‘061 Registration is prior to

the filing date of the Applications. True and correct copies of the specifics of the ‘061

Registration obtained from the PTO’s TESS and Assignment databased are attached

hereto as Exhibit 1 and made of record.

11. Opposer owns and relies on incontestable U.S. Trademark Registration

No. 3,134,842 for the mark M MONSTER ENERGY for “Beverages, namely, carbonated

soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids

and/or herbs, carbonated energy or sports drinks, fruit juice drinks having a juice content

of 50% or less by volume that are shelf stable, but excluding perishable beverage

products that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued August 29, 2006 and is based on an

application filed in the PTO on May 7, 2003. The filing date of Opposer’s ‘842

Registration is prior to the filing date of the Applications. True and correct copies of the

specifics of the ‘842 Registration obtained from the PTO’s TESS and Assignment

databases are attached hereto as Exhibit 2 and made of record.


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No. 3,134,841 for the mark for “Beverages, namely, carbonated soft drinks,

carbonated soft drinks enhanced with vitamins, minerals, nutrients, amino acids and/or

herbs, carbonated energy and sports drinks, fruit juice drinks having a juice content of

50% or less by volume that are shelf stable, but excluding perishable beverage products

that contain fruit juice or soy, whether such products are pasteurized or not” in

International Class 32, which registration issued August 29, 2006 and is based on an

application filed in the PTO on May 7, 2003. The filing date of Opposer’s ‘841





No. 3,044,315 for the mark MONSTER ENERGY for “nutritional supplements in liquid

[and non-liquid] form, but excluding perishable beverage products that contain fruit juice

or soy, whether such products are pasteurized or not” in International Class 5, which

registration issued January 17, 2006 and is based on an application filed in the PTO on

May 23, 2003. The filing date of Opposer’s ‘315 Registration is prior to the filing date of

the Applications. True and correct copies of the specifics of the ‘315 Registration

obtained from the PTO’s TESS and Assignment databases are attached hereto as Exhibit

4 and made of record.


No. 3,044,314 for the mark M MONSTER ENERGY for “nutritional supplements in

liquid form, but excluding perishable beverage products that contain fruit juice or soy,


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whether such products are pasteurized or not” in International Class 5, which registration

issued January 17, 2006 and is based on an application filed in the PTO on May 23, 2003.

The filing date of Opposer’s ‘314 Registration is prior to the filing date of the

Applications. True and correct copies of the specifics of the ‘314 Registration obtained

from the PTO’s TESS and Assignment databases are attached hereto as Exhibit 5 and

made of record.

15. Opposer owns and relies on U.S. Trademark Registration 4,036,681 for

the mark MONSTER ENERGY for “Non-alcoholic beverages, namely, energy drinks,

excluding perishable beverage products that contain fruit juice or soy” in International

Class 32, which registration issued October 11, 2011 and is based on an application filed

in the PTO on September 11, 2007. The filing date of Opposer’s ‘681 Registration is

prior to the filing date of the Applications. True and correct copies of the specifics of the

‘681 Registration obtained from the PTO’s TESS and Assignment databases are attached


16.

Opposer owns and relies on U.S. Trademark Registration No. 4,129,288

for the mark MONSTER REHAB for “Nutritional supplements in liquid form” in

International Class 5 and for “Beverages, namely, non-alcoholic non-carbonated drinks

enhanced with vitamins, minerals, nutrients, proteins, amino acids and/or herbs; non-

carbonated energy or sports drinks, fruit juice drinks having a juice content of 50% or

less by volume that are shelf-stable; all the foregoing goods exclude perishable beverage


International Class 32, which registration issued April 17, 2012 and is based on an

application filed in the PTO on July 6 2010. The filing date of Opposer’s ‘288



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17. Opposer owns and relies on U.S. Trademark Registration No. 4,111,964

for the mark MONSTER REHAB for “Ready to drink tea, iced tea and tea based

beverages; ready to drink flavored tea, iced tea and tea based beverages” in International

Class 30, which registration issued March 13, 2012 and is based on an application filed in

the PTO on August 24, 2011. The filing date of Opposer’s ‘964 Registration is prior to

the filing date of the Applications. True and correct copies of the specifics of the ‘964

Registration obtained from the PTO’s TESS and Assignment databases are attached



for the mark MUSCLE MONSTER for “Vitamin fortified beverages” in International

Class 5, “Dairy-based beverages; dairy-based energy shakes; energy shakes; coffee

energy shakes; chocolate energy shakes” in International Class 29 and “Ready to drink

coffee based beverages; ready to drink chocolate-based beverages” in International Class

30, which registration issued December 17, 2013 and is based on an application filed in

the PTO on July 10, 2013. The filing date of Opposer’s ‘535 Registration is prior to the

filing date of the Applications. True and correct copies of the specifics of the ‘535




for the mark MUSCLE MONSTER for “Nutritional supplements in liquid form” in

International Class 5, and “Beverages, namely, soft drinks; non-alcoholic and non-

carbonated drinks enhanced with vitamins, minerals, nutrients, proteins, amino acids


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and/or herbs; non-carbonated energy or sports drinks; all the foregoing goods exclude

perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not” in International Class 32, which registration issued July 30, 2013 and

is based on an application filed in the PTO on July 2, 2010. The filing date of Opposer’s

‘796 Registration is prior to the filing date of the Applications. True and correct copies of

the specifics of the ‘796 Registration obtained from the PTO’s TESS and Assignment



No. 3,914,828 for the mark for “sports helmets” in International Class 9, which

registration issued February 1, 2011 and is based on an application filed in the PTO on

April 2, 2009. The filing date of Opposer’s ‘828 Registration is prior to the filing date of





No. 3,908,601 for the mark for “clothing, namely, t-shirts, hooded shirts and

hooded sweatshirts, sweat shirts, jackets, pants, bandanas, sweat bands and gloves;

headgear, namely, hats and beanies” in International Class 25, which registration issued

January 18, 2011 and is based on an application filed in the PTO on April 2, 2009. The

filing date of Opposer’s ‘601 Registration is prior to the filing date of the Applications.

True and correct copies of the specifics of the ‘601 Registration obtained from the PTO’s

TESS and Assignment databases are attached hereto as Exhibit 12 and made of record.


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No. 3,908,600 for the mark for “stickers; sticker kits comprising stickers and

decals; decals” in International Class 16, which registration issued January 18, 2011 and

is based on an application filed in the PTO on April 2, 2009. The filing date of Opposer’s

‘600 Registration is prior to the filing date of the Applications. True and correct copies of

the specifics of the ‘600 Registration obtained from the PTO’s TESS and Assignment


23.


for the mark MONSTER CUBA-LIMA for “nutritional supplements in liquid form” in

International Class 5 and “non-alcoholic beverages, namely, energy drinks, energy drinks

flavored with juice, sports drinks, all enhanced with vitamins, minerals, nutrients,

proteins, amino acids, and/or herbs, but excluding perishable beverage products that

contain fruit juice or soy, whether such products are pasteurized or not” in International

Class 32, which registration issued January 1, 2013 and is based on an application filed in

the PTO on June 14, 2012. The filing date of Opposer’s ‘880 Registration is prior to the

filing date of the Applications. True and correct copies of the specifics of the ‘880




for the mark MONSTER ENERGY BFC for “nutritional supplements in liquid form” in

International Class 5 and “beverages, namely, carbonated soft drinks; carbonated and

non-carbonated soft drinks and energy drinks enhanced with vitamins, minerals,

nutrients, proteins, amino acids and/or herbs; carbonated and non-carbonated energy


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drinks and sports drinks, fruit juice drinks having a juice content of 50% or less by

volume that are shelf-stable; all the foregoing goods exclude perishable beverage


International Class 32, which registration issued May 22, 2012 and is based on an

application filed in the PTO on July 16, 2010. The filing date of Opposer’s ‘220




25.


for the mark MONSTER M-80 for “nutritional supplements” in International Class 5,

which registration issued May 24, 2011 and is based on an application filed in the PTO

on January 30, 2007. The filing date of Opposer’s ‘554 Registration is prior to the filing

date of the Applications. True and correct copies of the specifics of the ‘554 Registration




for the mark MONSTER ASSAULT for “nutritional supplements in liquid form; vitamin

fortified beverages” in International Class 5 and “non-alcoholic beverages, namely,

energy drinks, energy drinks flavored with juice, sports drinks, all enhanced with

vitamins, minerals, nutrients, proteins, amino acids, and/or herbs, but excluding

perishable beverage products that contain fruit juice or soy, whether such products are

pasteurized or not” in International Class 32, which registration issued November 4, 2014

and is based on an application filed in the PTO on November 15, 2013. The filing date of

Opposer’s ‘053 Registration is prior to the filing date of the Applications. True and


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correct copies of the specifics of the’053 Registration obtained from the PTO’s TESS and

Assignment databases are attached hereto as Exhibit 17 and made of record.


for the mark JUICE MONSTER for “Nutritional supplements in liquid form” in

International Class 5 and “Non-alcoholic beverages, namely, energy drinks and drinks

enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, but excluding

perishable beverage products that contain fruit juice or soy” in International Class 32,

which registration issued April 7, 2015 and is based on an application filed in the PTO on

February 24, 2012. The filing date of Opposer’s ‘750 Registration is prior to the filing

date of the Applications. True and correct copies of the specifics of the’750 Registration




for the mark PUNCH MONSTER for “nutritional supplements in liquid form” in

International Class 5 and for “non-alcoholic beverages, namely, energy drinks, energy

drinks flavored with juice, fruit-flavored drinks, soft drinks, sports drinks, all enhanced

with vitamins, minerals, nutrients, amino acids and/or herbs; all the foregoing goods

exclude perishable beverage products that contain fruit juice or soy, whether such

products are pasteurized or not” in International Class 32, which registration issued

September 16, 2014 and is based on an application filed in the PTO on November 22,

2013. The filing date of Opposer’s ‘556 Registration is prior to the filing date of the

Applications. True and correct copies of the specifics of the ‘556 Registration obtained

from the PTO’S TESS and Assignment databases are attached hereto as Exhibit 19 and

made of record.


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for the mark UBERMONSTER for “nutritional supplements in liquid form” in

International Class 5 and for “beverages, namely, carbonated soft drinks; non-alcoholic

carbonated soft drinks and energy drinks enhanced with vitamins, minerals, nutrients,

proteins, amino acids and/or herbs; carbonated energy drinks and sports drinks; all the

foregoing goods exclude perishable beverage products that contain fruit juice or soy,

whether such products are pasteurized or not” in International Class 32, which

registration issued October 30, 2012 and is based on an application filed in the PTO on

July 9, 2010. The filing date of Opposer’s ‘456 Registration is prior to the filing date of





for the mark MONSTER ENERGY ULTRA BLUE for “nutritional supplements in liquid

form; vitamin fortified beverages” in International Class 5 and “non-alcoholic beverages,

namely, energy drinks, soft drinks, sports drinks, all enhanced with vitamins, minerals,

nutrients, amino acids and/or herbs; all the foregoing goods exclude perishable beverage


International Class 32, which registration issued May 20, 2014 and is based on an

application filed in the PTO on January 2, 2013. The filing date of Opposer’s ‘414





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for the mark JAVA MONSTER for “beverages, namely, soft drinks; non-carbonated

energy drinks; non-carbonated sports drinks; soft drinks and non-carbonated energy

drinks, all enhanced with vitamins, minerals, nutrients, amino acids, and/or herbs, but

excluding perishable beverage products that contain fruit juice or soy, whether such

products are pasteurized or not” in International Class 32, which registration issued on

May 10, 2011 and is based on an application filed in the PTO on December 8, 2005. The

filing date of Opposer’s ‘457 Registration is prior to the filing date of the Applications.

True and correct copies of the specifics of the ‘457 Registration obtained from the PTO’s

TESS and Assignment databases are attached hereto as Exhibit 22 and made of record.

32. Opposer has applied for United States Trademark Application Serial No.

85/737,720 for the mark MONSTERCROSS for “Entertainment services in the nature of

live events, competitions and exhibitions featuring motor sports, motocross, supercross,

freestyle motocross, freestyle supercross, and other motor sports events” in International

Class 41, which application was filed on September 25, 2012. The filing date of

Opposer’s ‘720 trademark application is prior to the filing date of the Applications. True

and correct copies of the specifics for the ‘720 trademark application obtained from the

PTO’s TESS and Assignment databases are attached hereto as Exhibit 23 and made of

record.

33. Opposer’s Registration Nos. 3,057,061, 3,134,842, 3,134,841, 3,044,315,

3,044,314, 4,036,681, 4,129,288, 4,111,964, 4,451,535, 4,376,796, 3,914,828, 3,908,601,

3,908,600, 4,269,880, 4,147,220, 3,966,554, 4,634,053, 4,716,750, 4,604,556, 4,234,456,

4,534,414 and 3,959,457 are valid, subsisting, unrevoked, and uncancelled; as such they

constitute prima facie evidence of the validity of the registered marks and of the


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registrations thereof, and of Opposer’s ownership of the marks shown therein. Opposer’s

registrations also constitute notice to Applicant of Opposer’s claim of ownership of the

marks shown therein as provided in Sections 7(b), 22 and 33(a) of the Trademark Act.

34. Opposer’s Registration Nos. 3,057,061, 3,134,842, 3,134,841, 3,044,315,

3,044,314, 3,914,828, 3,908,601 and 3,908,600 are incontestable. As such, they

constitute conclusive evidence of the validity of the registered marks and of the

registration of the marks, of Opposer’s ownership of its marks, and of Opposer’s

exclusive right to use the registered marks in commerce as provided in Section 33 of the

Lanham Act, 15 U.S.C. §1115.

35. Since at least before the filing date of the Applications, Opposer has

continuously used and promoted the MONSTER Marks shown in Exhibits 1-22 in

interstate commerce in connection with its goods, including the goods identified in such

Registrations. By virtue of Opposer’s continuous and substantial use, these marks have

become famous identifiers of Opposer and its goods, and distinguish Opposer’s goods

from the goods of others. As a result, Opposer has built up, at great expense and effort,

valuable goodwill in the MONSTER Marks.

36. Applicant seeks an unrestricted federal registration for MONSTERVILLE

covering the goods and services in Classes 9, 16, 25, 28, 29, 30 and 41 as set forth in the

Applications. As such, if a registration issues for the Applications, such registration will

constitute prima facie evidence of Applicant’s exclusive right to use the registered marks

in commerce on or in connection with the listed goods and services throughout the United

States with no limitation thereon.

37. Opposer will be damaged by registration of the Applications in that the

MONSTERVILLE mark so resembles Opposer’s MONSTER Marks, including as


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registered in the United States Patent and Trademark Office, and in which Opposer owns

common law trademark rights, as to be likely, when used on or in connection with

Applicant’s Goods and Services, as to cause confusion, or to cause mistake or to deceive

within the meaning of Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d).

38. In view of Opposer’s prior rights in its MONSTER Marks, Applicant is

not entitled to federal registration of the MONSTERVILLE marks pursuant to Section

2(d) of the Trademark Act, 15 U.S.C. §1052(d).

39. WHEREFORE, Opposer prays that U.S. Trademark Application Serial

Nos.: 86/495,705, 86/495,708, 86/495,713, 86/495,716, 86/495,720, 86/495,725,

86/513,120 be rejected and stricken, that no registration be issued thereon to Applicant,

and that this Opposition be sustained in favor of Opposer.

Opposer authorizes the filing fee for this Opposition in the amount of $300 (one

international class) to be charged to Opposer’s Deposit Account.

Respectfully submitted,

Dated: April 19, 2016

STETINA BRUNDA GARRED & BRUCKER

By:/Bruce B. Brunda/

Bruce B. Brunda, Reg. No. 28,497

75 Enterprise, Suite 250

Aliso Viejo, CA 92656

(949) 855-1246

Counsel for OpposerMonster Energy Company


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PROOF OF SERVICE

State of California )) ss.

County of Orange )

I am over the age of 18 and not a party to the within action; my business address

is 75 Enterprise, Suite 250, Aliso Viejo, California 92656. On April 19, 2016, the

attached CONSOLIDATED NOTICE OF OPPOSITION was served on all interested

parties in this action by U.S. Mail, postage prepaid, at the address as follows:

Monique Cheng Joe

Universal City Studios LLC100 Universal City PlazaUniversal City, CA 91608

Executed on April 19, 2016 at Aliso Viejo, California. I declare under penalty of

perjury that the above is true and correct. I declare that I am employed in the office of

STETINA BRUNDA GARRED & BRUCKER at whose direction service was made.

/Tara Hamilton/Tara Hamilton


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Exhibit 1


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Goods and

Services

IC 032. US 045 046 048. G & S: Fruit juice drinks having a juice content of 50% or less by volume that are shelf stable,

carbonated soft drinks, carbonated drinks enhanced with vitamins, minerals, nutrients, amino acids and/or herbs, [ aerated

water, soda water and seltzer water, ] but excluding perishable beverage products that contain fruit juice or soy, whether such

products are pasteurized or not. FIRST USE: 20020327. FIRST USE IN COMMERCE: 20020418

Mark Drawing

Code(1) TYPED DRAWING

Serial Number 78122679

Filing Date April 18, 2002

Current Basis 1A

Original Filing

Basis1A

Published for

OppositionMarch 11, 2003

Registration

Number 3057061

Registration

DateFebruary 7, 2006

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle Suite 201 Corona CALIFORNIA

92880

(LAST LISTED OWNER) MONSTER ENERGY COMPANY CORPORATION DELAWARE 1 Monster Way Corona

CALIFORNIA 92879

Assignment

RecordedASSIGNMENT RECORDED

Attorney of

RecordDiane M. Reed

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ENERGY" APART FROM THE MARK AS SHOWN

Type of Mark TRADEMARK

Register PRINCIPAL

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150305.

Renewal 1ST RENEWAL 20150305

Live/Dead

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Trademark Electronic Search System (TESS) http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:8i1l9j.

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United States Patent and Trademark Office

Assignments on the Web >

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Exhibit 2


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Record 1 out of 1



Goods and

Services

IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks, carbonated drinks enhanced with vitamins,

minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy or sports drinks, fruit juice drinks

having a juice content of 50% or less by volume that are shelf stable, [ and water, ] but excluding perishable beverage products

that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE: 20020327. FIRST USE IN

COMMERCE: 20020418

Mark Drawing



Filing Date May 7, 2003

Current Basis 1A

Original Filing

Basis1A

Published for

OppositionJune 6, 2006

Registration

Number3134842

Registration

DateAugust 29, 2006


92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed


Type of Mark TRADEMARKRegister PRINCIPAL



Live/Dead

IndicatorLIVE


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Exhibit 3


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Record 1 out of 1



Goods and

Services

IC 032. US 045 046 048. G & S: Beverages, namely, carbonated soft drinks, carbonated soft drinks enhanced with vitamins,

minerals, nutrients, amino acids and/or herbs, carbonated [ and non-carbonated ] energy and sports drinks, fruit juice drinks

having a juice content of 50% or less by volume that are shelf stable, [ and aerated water, soda water and seltzer water, ] but

excluding perishable beverage products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST

USE: 20020327. FIRST USE IN COMMERCE: 20020418

Mark Drawing

Code(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM



Current Basis 1A

Original Filing

Basis1A

Published for

OppositionJune 6, 2006

Registration

Number3134841

Registration

DateAugust 29, 2006


92880


CALIFORNIA 92879Assignment


Attorney of

RecordDiane M. Reed


Description of

MarkColor is not claimed as a feature of the mark.


Register PRINCIPAL


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50/130



Live/Dead

IndicatorLIVE



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51/130



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Exhibit 4


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Record 1 out of 1



Goods and

Services

IC 005. US 006 018 044 046 051 052. G & S: nutritional supplements in liquid [and non-liquid ] form, but excluding

perishable beverage products that contain fruit juice or soy, whether such products are pasteurized or not. FIRST USE:

20020327. FIRST USE IN COMMERCE: 20020418

Mark Drawing




Current Basis 1A

Original Filing

Basis1A

Published for

OppositionSeptember 7, 2004

Change In

RegistrationCHANGE IN REGISTRATION HAS OCCURRED

Registration

Number3044315

Registration Date January 17, 2006

Owner (REGISTRANT) Hansen Beverage Company CORPORATION DELAWARE 550 Monica Circle Suite 201 Corona

CALIFORNIA 92880


CALIFORNIA 92879

Assignment


Attorney of

RecordDiane M. Reed



Register PRINCIPAL

Af

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