Monster Energy Company v. USA Nutraceuticals Group, Inc. et al

Filing 70

STIPULATED DISMISSAL AND FINAL JUDGMENT by Judge Percy Anderson. Plaintiff Monster Energy Company (Plaintiff) and Defendants USA Nutraceuticals Group, Inc., and Ultra-Lab Nutrition, Inc. (collectively, Defendants) in settlement of this matter, consent and agree to the terms and conditions of this Stipulated Dismissal and Final Judgment. See document for details. (MD JS-6, Case Terminated). (lom)

JS-6

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Steven J. Nataupsky (CA SBN 155913)
[e-mail]
Lynda J. Zadra-Symes (CA SBN 156511)
[e-mail]
Matthew S. Bellinger (CA SBN 222228)
[e-mail]
Marko R. Zoretic (CA SBN 233952)
[e-mail]
Nicole R. Townes (CA SBN 272342)
[e-mail]
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, Fourteenth Floor
Irvine, CA 92614
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MONSTER ENERGY COMPANY
Matthew R. Orr (CA SBN 211,097)
[e-mail]
William P. Cole (CA SBN 186,772)
[e-mail]
Samuel G. Brooks (CA SBN 272,107)
[e-mail]
CALL & JENSEN, APC
610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Phone: [phone]
Fax: [phone]

Ryan M. Kaiser
[e-mail]
Jonathan J. Krit
[e-mail]
AMIN TALATI UPADHYE, LLP
100 South Wacker Drive, Suite 2000
Chicago, IL 60606
Phone: [phone]
Fax: [phone]

Attorneys for Defendants
USA NUTRACEUTICALS GROUP, INC. and
ULTRA-LAB NUTRITION, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MONSTER ENERGY COMPANY,
a Delaware corporation,
Plaintiff/Counterdefendant,
v.
USA NUTRACEUTICALS
GROUP, INC., a Florida
corporation, and ULTRA-LAB
NUTRITION, INC., a Florida
corporation,
Defendants/Counterclaimants.

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Case No. 5:17-CV-00896 PA (DTBx)
Hon. Percy Anderson
STIPULATED DISMISSAL AND
FINAL JUDGMENT

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Plaintiff Monster Energy Company (“Plaintiff”) and Defendants USA

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Nutraceuticals

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“Defendants”) in settlement of this matter, consent and agree to the terms and

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conditions of this Stipulated Dismissal and Final Judgment.

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

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1.

Group,

Inc.,

and

Ultra-Lab

Nutrition,

Inc.

(collectively,

Plaintiff filed this lawsuit against Defendants seeking, inter alia,

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judicial review pursuant to 15 U.S.C. § 1071(b) of a decision of the U.S. Patent

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and Trademark Office Trademark Trial and Appeal Board (“TTAB”) dated March

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9, 2017(hereinafter, the “TTAB Decision”), denying registration in International

10 Class 5 of Plaintiff’s U.S. Trademark Application Nos. 85/543,622, 85/783,034,
11 85/168,304,

and

85/197,756

for

the

marks

REHAB

THE

BEAST!

12 WWW.MONSTERENERGY.COM, UNLEASH THE ULTRA BEAST!, REHAB
13 THE BEAST!, and UNLEASH THE NITRO BEAST!, respectively (hereinafter,
14 the “Opposed Applications”).
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2.

As part of a settlement of this matter, Plaintiff and Defendants have

16 agreed that the TTAB Decision should be vacated and that Plaintiff should be
17 permitted to register the marks identified in Paragraph 1 above in Class 5 with the
18 goods in the Opposed Applications revised to state: “nutritional energy
19 supplements in liquid form; nutritional supplement beverages containing
20 vitamins.”
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3.

Pursuant to Section 1071(b), the Director of the U.S. Patent &

22 Trademark Office is ordered to vacate the TTAB Decision pursuant to the parties’
23 settlement of this action, to amend the description of goods in the Opposed
24 Applications to state “nutritional energy supplements in liquid form; nutritional
25 supplement beverages containing vitamins,” and to direct that the Opposed
26 Applications proceed to registration in Class 5.
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4.

Plaintiff’s remaining claims for trademark infringement, false

28 designation of origin, and unfair competition, which are based upon Defendants’
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use of UNLEASH THE BEAST in connection with clothing, are dismissed.

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Defendants’ declaratory judgment counterclaims for non-infringement and no

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unfair competition and Defendants’ affirmative defenses are also dismissed.

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5.

This is a final judgment. Any other remaining claims and defenses, to

the extent not otherwise addressed above by this Judgment, are hereby dismissed.
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Each party shall bear their own costs and attorneys’ fees.

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IT IS SO ORDERED.

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Dated:

March 23, 2018

Hon. Percy Anderson
United States District Judge

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