AMS survey results cited in popular energy drink trademark infringement suit

Survey results from Applied Marketing Science, Inc. (AMS) were cited in Monster Energy’s successful trademark infringement suit against BeastUp LLC (Monster Energy Company v. BeastUp LLC, No. 2:17-cv-01605-KJM-JDP, ED of California). After a three–day bench trial in San Francisco, Chief U.S. District Judge Mueller found that Monster Energy had proven each of its six claims against BeastUp, including trademark infringement and trademark dilution. The court cited survey results from Monster Energy’s expert Robert Klein as evidence of both likelihood of confusion and trademark dilution in its Findings of Facts and Conclusions of Law. Klein is Founder of AMS and frequently serves as an expert witness in Lanham Act and other cases. The court ordered BeastUp’s trademark be cancelled and permanently enjoined BeastUp from use of any marks in connection with any beverage products that are likely to cause confusion or dilution of Monster’s marks. These included the scratch marks on the cans, the BeastUp name, and any other Beast-containing marks. Monster Energy was represented by Knobbe Martens.