Delhi High Court Cancels 'LI'L MONSTER' Trade Mark, Rules In Favor Of Monster Energy Co.

Delhi High Court Cancels 'LI'L MONSTER' Trade Mark, Rules In Favor Of Monster Energy Co.

In a recent ruling, the Delhi High Court addressed a petition filed by Monster Energy Company ("Monster Co.") under Sections 57 and 125 of the Trade Marks Act, 1999. The petition sought the removal and cancellation of the trade mark "LI'L MONSTER," registered in Class 12 under the name of S.K. Bikes Pvt. Ltd. Justice Mini Pushkarna granted the petition and directed the Registrar of Trade Marks to effectuate the necessary rectification in its register.

Monster Co. is actively involved in producing, marketing, distributing, advertising, and selling a variety of energy drinks and nutritional beverages, including popular products like Monster Energy, Monster Energy Extra Strength Nitrous Technology Energy Drinks, Java Monster non-carbonated coffee energy drinks, and X-Presso Monster. The company argued that the trade mark "MONSTER," associated with energy drinks, is highly distinctive and was first adopted by Monster Co. in 2002 in the U.S.A. They contended that they were the senior adopter, user, rights holder, and registrant of the mark "M Monster Energy" and not S.K. Bikes Pvt. Ltd.

Monster Co. further asserted that the artistic elements in their trade mark, including the claw icon, were original works and that they held the copyrights to these artistic designs. While conducting online trade mark research, Monster Co. discovered the "LI'L MONSTER" mark registered by S.K. Bikes Pvt. Ltd., which was described as pertaining to "only complete bicycles, tricycles, rickshaws, their parts, fittings, and accessories (including tires and tubes)." Monster Co. argued that this registration was on the register without sufficient cause, given their status as the prior and senior user and rights holder of the mark.

The respondent, S.K. Bikes Pvt. Ltd., indicated its willingness to relinquish the "LI'L MONSTER" trade mark.

After considering the statements made by both parties, the Court canceled the "LI'L MONSTER" trade mark registered in the name of the respondent and instructed the Registrar of Trade Marks to implement the necessary rectification. The Court also directed the Trade Marks Registry to issue an appropriate notification regarding the cancellation and to provide a copy of the order to the Office of the Controller General of Patents, Designs, and Trade Marks of India for compliance.