9th Circ. Sends Monster Energy's IP Win Back For Fresh Look

Law360 (July 23, 2020, 6:06 PM EDT) -- The Ninth Circuit on Wednesday rolled back a $5 million verdict for Monster Energy Co. in a trademark and trade dress case against a Florida tool maker, saying fresh looks are needed on multiple claims due in part to a major recent U.S. Supreme Court ruling on the disgorgement of profits in trademark cases.

The case involves Monster's name and green-and-black logo. Monster said automotive tool maker Integrated Supply Network LLC has infringed the logo and trade dress with its "Monster Mobile" products, which also use a green-and-black color scheme.

A jury awarded $0 in actual damages and $5 million in...

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