Delhi High Court: In a petition filed by Monster Energy Company (‘Monster Co.’) under Section and of the (‘Act’) for the removal/cancellation of the trade mark ‘LI’L MONSTER’ registered in Class 12 in the name of S.K. Bikes Pvt. Ltd, from the register or rectification of the register, a Single Judge Bench of Mini Pushkarna, J. cancelled the impugned trade mark and directed the Registrar of Trade Marks to carry out the necessary rectification in its register.
Background
Monster Co. had been engaged in the business of producing, marketing, distributing, advertising, and selling energy drinks, nutritional drinks, and other beverages which included Monster Energy, Monster Energy extra Strength Nitrous Technology Energy Drinks, Java Monster non-carbonated coffee+ energy drinks, X-Presso Monster, etc.
It was contended that the trade mark ‘MONSTER’ in connection with energy drinks was an extremely fanciful and distinctive trade mark that was adopted by Monster Co. in 2002 in U.S.A.
It was the contention of Monster Co. that it was the senior adopter, user, rights holder and registrant of the mark ‘M Monster Energy’ and not respondent 1. It was submitted that the artworks involved in the petitioner’s trade mark/trade name/ logo as well as the claw icon were original artistic works of Monster Co. and it was the absolute owner and proprietor of the copyrights involved in such artistic works.
Monster Co. submitted that while conducting an online trade mark research, it came across the mark of respondent no. 1 — ‘LI’L MONSTER’ which was registered for the description of goods that read as “only complete bicycles, tricycles, rickshaws, their parts, fitting and accessories (including tyre and tubes).
Hence, it was contended that the impugned registration was present on the register without sufficient cause because Monster Co. was the prior and senior adopter, user, and right holder of the mark.
The respondent submitted that it was willing to give up the impugned trade mark ‘LI’L MONSTER’.
Analysis and Decision
After considering the statement made by the respondent, the Court cancelled the trade mark ‘LI’L MONSTER’ registered in the name of the respondent and directed the Registrar of Trade marks to carry out the necessary rectification in its register.
While allowing the present petition, the Court directed the Trade Marks Registry to issue an appropriate notification in this regard and to supply a copy of the present order to the Office of the Controller General of Patents, Designs and Trade Marks of India for compliance.
[Monster Energy Company v. S.K. Bikes Pvt. Ltd., C.O.(COMM.IPD-TM) 209 of 2021, Decided on 03-09-2024]
Advocates who appeared in this case :
For Petitioner — Advocate Shravan Kumar Bansal, Advocate Deepak Srivastava
For Respondents — Advocate Chaitanya Mahajan
Buy Trade Marks Act, 1999
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