Monster Revives Trademark Case Over ‘4monster’ at Ninth Circuit

Monster Energy Co.‘s trademark infringement suit against Chinese outdoor gear brand 4monster should’ve made it to trial, the Ninth Circuit said Wednesday.

A jury could agree with Monster Energy that consumers could be confused by 4monster-branded backpacks and towels since the energy drink company sells similar products, the US Court of Appeals for the Ninth Circuit said. The lower court improperly decided that the marks were dissimilar and also erred in weighing the credibility of Monster Energy’s expert report and survey evidence, the panel said.

The unsigned opinion kicks the case back to the US District Court for the ...