Small Business vs. Corporate Giant: The Stay Shredded vs. Monster Energy Trademark Battle
Monster Energy Company has recently filed an opposition to the Stay Shredded trade mark on four legal grounds under the Trade Marks Act 1995 in an attempt to stop the protection of Stay Shredded's intellectual property, brand logo, and business name. Monster Energy believes that the Stay Shredded logo could trick and confuse consumers into believing they are buying Monster Energy products.
A trade mark opposition is a formal objection to an action such as the registering of a trade mark or the removal of an already registered trade mark. Monster Energy has a reputation for opposing trade marks, often without much basis, and has filed over 1,000 claims since 2010. In Australia, Monster Energy has filed 113 oppositions to date, many of which involved trademarks containing "claw marks," the word "monster," and logos with similar coloring to their own. In 38 of those oppositions, Monster Energy has won by default because the applicants declined to contest the claim.
The reason for this is that Monster Energy is a multi-billion dollar company that has the ability to force smaller companies into bankruptcy by dragging them through costly court and lawyer fees. Many smaller businesses are silenced because Monster Energy offers to drop the case or "settle" in exchange for a Non-Disclosure Agreement that effectively silences the victims.
Stay Shredded is fighting back against this corporate bully and hopes to bring this issue to the public's attention so that other companies facing similar ridiculous claims can see that it is possible to stand up to these big corporate bullies and defeat them if they are in the right. Please sign our petition to support our cause and feel free to leave any comments about your feelings on the matter.