Hansen Beverage Company v. National Beverage Corp.

BACKGROUND

Hansen produces and markets the Monster Energy line of energy drinks. The line consists of a family of four drink varieties, each packaged in containers bearing a large clawed- out “M” and the word “MONSTER.”1 Each variety uses a dis- tinct color combination. The combinations generally consist of a dark background (either black or grey depending on the variety) and one bold accent color unique to the variety.

In August 2006, National began selling its line of “Freek” energy drinks in the Detroit area. Like the Monster products, the Freek line of beverages consists of four flavor varieties, each packaged in containers featuring a dark background and one of four distinctive accent colors. Unlike the Monster products, Freek’s packaging prominently features the word “FREEK” (written in a unique, stylized font) and the distorted image of a frightening, evil-eyed creature’s face. 1 Examples of the competing trade dress may be seen in the Appendix to this opinion. 7704 HANSEN BEVERAGE v. NATIONAL BEVERAGE Soon after National began distribution of its product, Han- sen brought this action under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), alleging that…