Monster Energy Tries to Hammer Out Small Business

Posted on | December 13, 2010 | No Comments

(Tampa, FL) – An arrogant disdain for the law and for honest competition earns a lawsuit for two giant partners in trademark lifting.

The monster corporations of Coca-Cola Enterprises, Inc. and Hansen Beverage Company (which produces the Monster energy drinks) were denied a trademark of the name “Hammer” from the United States Patent and Trademark Office because the name had already been taken.

Shockingly, they decided to distribute the product anyway under the name Hammer M X-presso Monster.

A smaller company, Double Blue Jay Corporation, had already trademarked, advertised, and begun distributing their energy drink Hammer’s Redneck Punch, a name they first used in June, 2008. It was appearing in convenience stores in late 2009 when a founder of the company saw another new energy drink with the same name “Hammer” in the same cooler as his product.

“I couldn’t believe it,” says Steve Williams, President of Double Blue Jay. “They put our name on their product and sold it without a legal trademark.”

Trying to give Hansen and Coca-Cola a second chance to do the right thing, Double Blue Jay wrote a letter to the companies pointing out their violation of the law and asking them to discontinue use of the name “Hammer”.

Hansen and Coca-Cola refused.

Not to be intimidated by the monster companies, Double Blue Jay decided to go up against the “giants” and is suing them for trademark infringement and unfair competition.

Coke and Hansen claim, in their defense, that the two “Hammer” products look vastly different and would not be confused.

But as Double Blue Jay’s attorney, Eric Ludin of Tucker & Ludin, points out, people could easily mix them up if they heard the name from a friend or did a Google search. Many of Double Blue Jay’s potential customers would be swallowed up by Monster’s name recognition.

“Imagine if the roles were reversed,” says Ludin, “and Double Blue Jay decided to name their product ‘Monster’. Do you think Hansen would let them get away with it?”

” The only reason that they think they can do this,” adds Steve Williams, “is because they are ‘Coca-Cola’ and ‘Hansen’. They don’t want any competition and they’re afraid to let consumers decide for themselves.”

On top of all their other offenses, Hansen is now counter-suing Double Blue Jay to cancel its trademark, although Hansen admits that Double Blue Jay has a valid U.S. Trademark Registration Number.

The parties, having prepared their complaints and defenses, await a court date.

“This is a classic case of David versus Goliath,” says Williams.

“Goliath thinks he can win just because he’s bigger, even though David has done everything right and has the law on his side.”

Double Blue Jay Corporation may be small but they are unafraid and mighty, and ultimately the truth always prevails.