Bang Energy maker Vital Pharmaceuticals (VPX Sports) has filed an expedited motion for a preliminary judgement in its legal battle with Monster Energy Corp. over alleged trade dress infringement related to the latter’s REIGN line.
The filing is the latest step in Monster’s and VPX’s ongoing series of courtroom skirmishes; the two energy drink brands have exchanged heated accusations over functional claims, ingredients and, in this case, product appearance. In March, VPX filed a complaint in U.S. District Court for the Southern District of Florida alleging that Monster has engaged in trademark and trade dress infringement, as well as unfair competition, during the launch of its latest innovation, REIGN.
The motion, filed on May 23, asks for a ruling on the preliminary injunction request by June 27. Attorneys for VPX are seeking Monster to be enjoined from using any trade dress that is confusingly similar to Bang; doing anything intended to cause consumer confusion; otherwise competing unfairly with VPX in any manner; and assisting or aiding any person of business entity doing any of the above, including distributors and retailers.
Attorneys for VPX argued in the motion that there is “already reliable and mounting evidence” of consumer confusion between the two products, citing over 30 incidents of such cases. They document also references separate survey data that shows 50% of consumers “mistakenly believe that VPX’s Bang and Defendants’ Reign emanate from the same source.”
Monster Energy released a statement responding to the allegations in March. “VPX’s lawsuit is nothing more than a frivolous and bad faith attempt to slow the national release of ‘Reign Total Body Fuel,’” the company stated. “The fact is, this meritless lawsuit will not impede the launch of ‘Reign Total Body Fuel’ in any way. The facts are straightforward.”