It seems that Monster Energy (MEC), the well-known energy drink company, is quite eager to protect its trademark rights when it comes to the use of the common English word “monster.” At least, that’s what the actions of its trademark lawyers appear to be indicating.
1. It's well known that @MonsterEnergy is a notorious trademark troll. Unfortunately, they're at it again. For a company that likes to target their drinks at gamers, they also like to try to bully & bankrupt game studios with lengthy high dollar litigation. #indiegamedev #gamedev pic.twitter.com/8xvg7iWqQe— Vincent Livings (@VincentLivings) March 29, 2023
Glowstick Entertainment has been hit by a legal threat regarding its game title “Dark Deception: Monsters & Mortals” (which can be purchased here) by Monster Energy. MEC assert that the title’s use of the word “monster” infringe on their trademark rights. CEO and founder of Glowstick Entertainment, Vincent Livings, mentioned in a tweet that MEC’s lawyers claimed “that his game is confusingly similar to their energy drink”.
Reposting these terms from Monster Energy since journalists are referencing this thread. pic.twitter.com/AUD1sT2q9H— Vincent Livings (@VincentLivings) April 4, 2023
According to the claim made by MEC, Glowstick Entertainment is permitted to use the term “Monster” in the title of the game “Dark Deception: Monsters & Mortals” for this particular instance only. However, but is demanding that Glowstick agrees to abstain from any further use or registration of those words and others trademarked by MEC in the future. For example, if a sequel is ever produced, it cannot be named “Monsters & Mortals 2.”
MEC is known for making outrageous trademark claims, and it appears to be targeting smaller companies in particular. They are demanding that these companies never again register any trademarks containing the words owned by Monster Energy. Livings is determined to push back, saying “Rather than roll over, I’m going to fight them in court.” He also plans to publicize all communication sent to him by MEC in order to inform people about these kinds of practices.
Of course, It is not uncommon for larger companies to aggressively protect their trademarks, but it is important to note that trademark protection is not absolute and must be enforced within certain legal limits and reasonability. It will be interesting to see how the case unfolds and whether it sets any precedents for future trademark disputes.