Monster Energy Company v. Beastup LLC

Filing 92

ORDER signed by Chief District Judge Kimberly J. Mueller on 12/2/2021 GRANTING without prejudice 70 Motion in Limine, to the use of such evidence or arguments in a post-trial motion for attorneys' fees. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Monster Energy Company,

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No. 2:17-cv-01605-KJM-JDP

Plaintiff,

ORDER

v.
Beastup LLC,
Defendant.

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Plaintiff Monster Energy Company moves in limine for an order prohibiting defendant

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Beastup LLC from offering at trial any evidence or argument that Monster is a “trademark bully”

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and from using other similar disparaging labels. See generally Mot., ECF No. 70; Mem.,

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ECF No. 71. The matter is fully briefed. See generally Opp’n, ECF No. 74; Reply, ECF No. 76.

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As discussed at the status conference on December 2, 2021, the motion is granted without

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prejudice to the use of such evidence or arguments in a post-trial motion for attorneys’ fees.

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See, e.g., 15 U.S.C. § 1117(a); Lahoti v. Vericheck, Inc., 708 F. Supp. 2d 1150, 1171 (W.D. Wash.

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2010) (awarding fees in response to motion raising similar arguments), aff’d, 636 F.3d 501,

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510–11 (9th Cir. 2011). This order resolves ECF No. 70.

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IT IS SO ORDERED.
DATED: December 2, 2021.

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