MORRISVILLE, Vt. – Hansen Beverage Co., maker of Monster energy drinks, has ordered Rock Art Brewery to stop advertising, promoting and selling its Vermonster craft beer because of the name similarities, the Associated Press reports. Hansen also is asking for compensation for attorneys’ fees.
Brewery owner Matt Nadeau consulted five trademark lawyers who think the law is on the brewery’s side, but is concerned that a lengthy court case could ruin the company. “This is just about principle,” said Nadeau. “Corporate America can’t be allowed to do this, in this day and age. It’s just not right.”
Vermonster debuted in 2007 and is available in Arizona, Connecticut, Massachusetts, New Jersey Pennsylvania and Vermont. Last year, Monster beverages sold more than $1 billion.
In September, a Hansen attorney e-mailed Nadeau’s lawyers telling them the brewer would “undoubtedly create a likelihood of confusion and/or dilute” the Monster trademark. Apparently, Hansen is planning on entering the alcoholic beverage market.
Trademark warning letters are not unusual in these types of disputes, say attorneys. “The way the law is arranged, the holder of a trademark has to be very aggressive in defending it, even when it's overreaching,” said Douglas Riley, a trademark lawyer for Nadeau. “If you miss a legitimate infringement, people will point out in later years that you weren’t defending your properties. You can lose it if you don't defend it, so you err on the side of caution.”
Rock Art Brewery and Hansen Beverage are still in talks about the issue.