Trademark News & Screw-ups Monster stoush: Small business Ferment Monster turns to crowdfunding in trademark battle with energy drink giant

I'm known for saying that oppositions are the catastrophe scenario. They happen very rarely but tend to be very expensive. While the small business owner's position partially makes sense (there is very little, if any, likelihood of confusion between the brands, given the difference in products and services), the arguments she offers in support of her position ("monster" is a dictionary word) completely misses the point of how trademarks work. It is commendable that the owner is willing to stand up for her rights and not be bullied into rebranding, but it takes much more than just passion to win a legal case against a monster corporation (see what I did there?)

The video below features Andrei Mincov's commentary of this article.



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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.