Monster has issued a response to the trademark lawsuit filed earlier this week by the maker of Bang Energy, VPX Sports. In that suit, VPX claims the new Reign energy drink from Monster Energy and the Reign Beverage Company was released “to shamelessly copy and cause consumer confusion with VPX’s popular BANG”.
You can see Monster’s lengthy response to the VPX Sports lawsuit in full below and on the company’s website. It describes the legal action by the brand behind Bang Energy as an unmeritorious trademark lawsuit and confirms that it does own the trademark on “Reign Total Body Fuel” for the class that covers beverages.
Monster Statement Regarding Unmeritorious Trademark Lawsuit
CORONA, Calif., March 29, 2019 (GLOBE NEWSWIRE) — Monster Energy Company (“Monster”) today issued the following statement in response to media and other inquiries related to the unmeritorious trademark lawsuit filed yesterday against Monster by Vital Pharmaceuticals, Inc., d/b/a VPX Sports (“VPX”), a Florida corporation, the maker of Bang energy drinks:
Monster is confident that VPX’<s lawsuit will ultimately be dismissed. VPX’s purported acquisition of an unrelated “Reign” trademark two weeks ago is both improper and ineffective.
VPX’s lawsuit is nothing more than a frivolous and bad faith attempt to slow the national release of “Reign Total Body Fuel.” The fact is, this meritless lawsuit will not impede the launch of “Reign Total Body Fuel” in any way. The facts are straightforward:
1. Monster holds trademark and use priority over VPX for its “Reign Total Body Fuel” beverages in “Class 32” – the class that covers these beverages. The “Reign” trademark VPX ostensibly just acquired is for unrelated, high-priced, powdered dietary supplements in “Class 5.” VPX’s “Reign” trademark is not registered for and does not cover beverages in “Class 32” or give VPX priority over Monster’s “Reign Total Body Fuel” beverages. 2. Only weeks ago (March 12, 2019), months after Monster publicly announced the launch of “Reign Total Body Fuel” beverages in mid-January 2019, did a company related to VPX ostensibly buy the unrelated “Reign” trademark in “Class 5,” for what is clearly an ulterior motive. Sales of “Reign Total Body Fuel” commenced over a month ago. When “Reign Total Body Fuel” was launched, VPX’s so-called “Reign” pre-workout energy drink did not exist. In fact, VPX’s newly conceived “Reign” pre workout energy drink was announced just yesterday for the first time; coincidentally, the same day VPX filed its frivolous lawsuit. Monster will challenge VPX’s newly conceived energy drink.
VPX’s lawsuit is also an attempt to shift attention away from the lawsuit filed by Monster against VPX in September 2018 for false advertising, including false and unsupported claims that Bang contains ingredients that it does not have and provides benefits that it does not generate. Particularly telling is the fact that VPX’s alleged Patent on so-called Super Creatine has been cancelled despite Bang continuing to feature such Patent on its Bang drinks. VPX also faces numerous consumer class action lawsuits for its untrue claims related to Bang.
VPX’s attempt to continually delay Monster’s federal lawsuit against VPX was rejected today. In addressing VPX’s latest desperate, delay tactics, the district court judge ruled against VPX and observed that VPX “walked into a mess of their own making.”
