Monster Energy Company v. Beastup LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONSTER ENERGY COMPANY, a No. 2:17-cv-01605-KJM-EFB Delaware corporation, 12 Plaintiff, ORDER v. 14 BEASTUP LLC, a California limited liability company, Defendant. 17 This trademark action arises from two energy drink companies’ use of stylized claw marks and a formulation of the word “beast” on their cans and in their advertisements. Plaintiff Monster Energy Company (“Monster”) has brought this lawsuit against defendant BeastUp LLC (“BeastUp”) to stop BeastUp from using claw marks, its “BEASTUP” mark, and any variation of the word “beast” on its energy drinks. Plaintiff moves for summary judgment. ECF No. 38. Defendant filed an untimely opposition, ECF No. 47, and, consequently, plaintiff filed an untimely reply1, ECF No. 48. The court submitted the matter without a hearing. For the reasons explained below, the court GRANTS in part and DENIES in part plaintiff’s motion. 26 1 In its reply, plaintiff argues defendant filed an untimely…