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David E. Rogers (#019274) 

David G. Barker (#024657) 

Jacob C. Jones (#029971) 

SNELL & WILMER L.L.P. 

One Arizona Center 

400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

Telephone: 602.382.6000 

Facsimile: 602.382.6070 

E-Mail: drogers@swlaw.com

 dbarker@swlaw.com 

 jcjones@swlaw.com 

Attorneys for Plaintiff 

MONSTER ENERGY COMPANY 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

MONSTER ENERGY COMPANY, a 

Delaware corporation, 

Plaintiff, 

v. 

MOJO BOWL LLC, an Arizona limited 

liability company, 

Defendant. 

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Case No. 

COMPLAINT FOR TRADEMARK 

INFRINGEMENT, FALSE 

DESIGNATION OF ORIGIN, AND 

UNFAIR COMPETITION 

DEMAND FOR JURY TRIAL 

 Plaintiff Monster Energy Company (“Plaintiff” or “Monster”) hereby 

complains of Defendant Mojo Bowl LLC (“Defendant” or “Mojo Bowl”), and alleges 

as follows: 

JURISDICTION AND VENUE 

1. This is an action for 1) trademark infringement and false designation of 

origin under 15 U.S.C. § 1125(a), 2) trademark infringement under 15 U.S.C. § 1114, 

3) Arizona common-law unfair competition, and 4) Arizona statutory unfair 

competition under Ariz. Rev. Stat. § 44-1522. 

Case 2:16-cv-00096-DGC Document 1 Filed 01/15/16 Page 1 of 24
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2. The Court has original subject matter jurisdiction over the claims that 

relate to trademark infringement and false designation of origin pursuant to 15 U.S.C. 

§§ 1116 and 1121(a), and also pursuant to 28 U.S.C. §§ 1331 and 1338 as these claims 

arise under the Lanham Act and the laws of the United States. The Court has 

supplemental jurisdiction pursuant to 28 U.S.C. §§ 1338(b) and 1367(a) over the 

claims in this Complaint for state statutory and common law unfair competition 

because the state law claims are so related to the federal claims that they form part of 

the same case or controversy and derive from a common nucleus of operative facts. 

3. This Court has personal jurisdiction over Defendant because it has a 

continuous, systematic, and substantial presence within this Judicial District and 

within Arizona. Defendant has its principal place of business in this Judicial District. 

Also, by using the infringing marks in connection with selling and offering for sale 

goods in this Judicial District, and thus by committing acts of trademark infringement, 

false designation of origin, and/or unfair competition in this Judicial District, 

Defendant’s acts form a substantial part of the events or omissions giving rise to 

Monster’s claims. 

4. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) 

and (c), as Defendant resides in this Judicial District and a substantial portion of the 

events complained of herein took place in this Judicial District. 

THE PARTIES 

5. Monster is a corporation organized and existing under the laws of the 

State of Delaware, having a principal place of business at 1 Monster Way, Corona, 

California 92879. 

6. Upon information and belief, Mojo Bowl is a limited liability company 

organized and existing under the laws of the State of Arizona, having a principal place 

of business at 1576 East Robinson Way, Chandler, Arizona 85225. 

/ / / 

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COMMON ALLEGATIONS FOR ALL CLAIMS FOR RELIEF 

A. Monster’s Trademarks 

7. Monster is a nationwide leader in the business of developing, marketing, 

selling, and distributing beverages, including energy drinks. 

8. In 2002, long before Defendant’s acts described herein, Monster 

launched its MONSTER ENERGY® drink brand, bearing its well-known 

MONSTERTM mark and MONSTER ENERGY® mark. A true and correct 

representation of Monster’s original Monster Energy® drink, launched in 2002, is 

shown below: 

9. Monster is also the owner of numerous trademark registrations for and 

including its well-known MONSTERTM mark and MONSTER ENERGY® mark, 

including the following U.S. Trademark Registrations: 

MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

MONSTER 

ENERGY 

3,044,315 Nutritional supplements in 

liquid form, but excluding 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

05/23/2003 01/17/2006

M MONSTER 

ENERGY 

3,044,314 Nutritional supplements in 

liquid form, but excluding 

05/23/2003 01/17/2006

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

MONSTER 

ENERGY 

3,057,061 Fruit juice drinks having a 

juice content of 50% or less 

by volume that are shelf 

stable, carbonated soft drinks, 

carbonated drinks enhanced 

with vitamins, minerals, 

nutrients, amino acids and/or 

herbs, but excluding 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

04/18/2002 02/07/2006

MONSTER 

ENERGY 

4,036,681 Non-alcoholic beverages, 

namely, energy drinks, 

excluding perishable beverage 

products that contain fruit 

juice or soy 

09/11/2007 10/11/2011

3,134,841 Beverages, namely, 

carbonated soft drinks, 

carbonated soft drinks 

enhanced with vitamins, 

minerals, nutrients, amino 

acids and/or herbs, carbonated 

energy and sports drinks, fruit 

juice drinks having a juice 

content of 50% or less by 

volume that are shelf stable, 

but excluding perishable 

beverage products that 

contain fruit juice or soy, 

whether such products are 

pasteurized or not 

05/07/2003 08/29/2006

M MONSTER 

ENERGY 

3,134,842 Beverages, namely, 

carbonated soft drinks, 

carbonated drinks enhanced 

with vitamins, minerals, 

05/07/2003 08/29/2006

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

nutrients, amino acids and/or 

herbs, carbonated energy or 

sports drinks, fruit juice 

drinks having a juice content 

of 50% or less by volume that 

are shelf stable, but excluding 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

MONSTER 

REHAB 

4,129,288 Nutritional supplements in 

liquid form; Beverages, 

namely, non-alcoholic noncarbonated drinks enhanced 

with vitamins, minerals, 

nutrients, proteins, amino 

acids and/or herbs; noncarbonated energy or sports 

drinks, fruit juice drinks 

having a juice content of 50% 

or less by volume that are 

shelf-stable; all the foregoing 

goods exclude perishable 

beverage products that 

contain fruit juice or soy, 

whether such products are 

pasteurized or not 

07/06/2010 04/17/2012

MONSTER 

CUBA-LIMA 

4,269,880 Nutritional supplements in 

liquid form; Non-alcoholic 

beverages, namely, energy 

drinks, energy drinks flavored 

with juice, sports drinks, all 

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids, and/or herbs, but 

excluding perishable beverage 

products that contain fruit 

juice or soy, whether such 

products are pasteurized or 

not 

06/14/2012 01/01/2013

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

MUSCLE 

MONSTER 

4,376,796 Nutritional supplements in 

liquid form; Beverages, 

namely, soft drinks; nonalcoholic and non-carbonated 

drinks enhanced with 

vitamins, minerals, nutrients, 

proteins, amino acids and/or 

herbs; non-carbonated energy 

or sports drinks; all the 

foregoing goods exclude 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

07/02/2010 07/30/2013

MUSCLE 

MONSTER 

4,451,535 Vitamin fortified beverages; 

Dairy-based beverages; dairybased energy shakes; energy 

shakes; coffee energy shakes; 

chocolate energy shakes; 

Ready to drink coffee based 

beverages; ready to drink 

chocolate-based beverages 

07/10/2013 12/17/2013

MONSTER 

ENERGY ULTRA 

RED 

4,532,292 Nutritional supplements in 

liquid form ; vitamin fortified 

beverages; Non-alcoholic 

beverages, namely, energy 

drinks, soft drinks, sports 

drinks, all enhanced with 

vitamins, minerals, nutrients, 

amino acids and/or herbs; all 

the foregoing goods exclude 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not 

06/13/2013 05/20/2014

JUICE MONSTER 4,716,750 Nutritional supplements in 

liquid form; Non-alcoholic 

beverages, namely, energy 

drinks and drinks enhanced 

with vitamins, minerals, 

02/24/2012 04/07/2015

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

nutrients, amino acids and/or 

herbs, but excluding 

perishable beverage products 

that contain fruit juice or soy. 

4,790,629 Nutritional supplements in 

liquid form; Ready to drink 

tea, iced tea and tea based 

beverages; ready to drink 

flavored tea, iced tea and tea 

based beverages; Nonalcoholic beverages, namely, 

soft drinks, energy drinks, 

sports drinks and fruit juice 

drinks, all the foregoing 

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids and/or herbs 

02/04/2015 08/11/2015

4,768,827 Nutritional supplements in 

liquid form; Ready to drink 

tea, iced tea and tea based 

beverages; ready to drink 

flavored tea, iced tea and tea 

based beverages; Nonalcoholic beverages, namely, 

soft drinks, energy drinks, 

sports drinks and fruit juice 

drinks, all the foregoing 

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids and/or herbs 

02/04/2015 07/07/2015

4,768,825 Nutritional supplements in 

liquid form; Ready to drink 

tea, iced tea and tea based 

beverages; ready to drink 

flavored tea, iced tea and tea 

based beverages; Nonalcoholic beverages, namely, 

soft drinks, energy drinks, 

sports drinks and fruit juice 

drinks, all the foregoing 

02/04/2015 07/07/2015

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids and/or herbs 

MONSTER 

ASSAULT 

4,634,053 Nutritional supplements in 

liquid form; vitamin fortified 

beverages; Non-alcoholic 

beverages, namely, energy 

drinks, energy drinks flavored 

with juice, sports drinks, all 

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids, and/or herbs, but 

excluding perishable beverage 

products that contain fruit 

juice or soy, whether such 

products are pasteurized or 

not 

11/15/2013 11/04/2014

MONSTER 

KHAOS ENERGY 

+ JUICE 

3,939,395 Nutritional supplements in 

liquid form, but excluding 

perishable beverage products 

that contain fruit juice or soy, 

whether such products are 

pasteurized or not; 

Carbonated soft drinks; 

carbonated drinks enhanced 

with vitamins, minerals, 

nutrients, amino acids and/or 

herbs; carbonated energy or 

sports drinks; excluding 

perishable beverages 

containing fruit juice or soy, 

whether such products are 

pasteurized or not. 

02/16/2007 04/05/2011

PUNCH 

MONSTER 

4,604,556 Nutritional supplements in 

liquid form; vitamin fortified 

beverages; Non-alcoholic 

beverages, namely, energy 

drinks, energy drinks flavored 

with juice, sports drinks, all 

enhanced with vitamins, 

11/22/2013 09/16/2014

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MARK REG. 

NO. GOODS/SERVICES DATE FILED

REG. 

DATE

minerals, nutrients, proteins, 

amino acids, and/or herbs, but 

excluding perishable beverage 

products that contain fruit 

juice or soy, whether such 

products are pasteurized or 

not 

4,865,702 Nutritional supplements in 

liquid form; Non-alcoholic 

beverages, namely, 

carbonated soft drinks; 

carbonated drinks enhanced 

with vitamins, minerals, 

nutrients, proteins, amino 

acids and/or herbs; carbonated 

energy drinks and sports 

drinks 

02/02/2015 12/08/2015

4,849,689 Non-alcoholic beverages, 

namely, carbonated soft 

drinks; carbonated drinks 

enhanced with vitamins, 

minerals, nutrients, proteins, 

amino acids and/or herbs; 

carbonated energy drinks and 

sports drinks 

02/02/2015 11/10/2015

10. Attached hereto as Exhibits A1-A20 are true and correct copies of 

Monster’s trademark registrations identified in paragraph 9 of this Complaint, which 

are hereby incorporated by reference. Collectively, those registrations and trademarks 

referenced in paragraph 9 of this Complaint are referred to as Monster’s “MONSTER 

Marks.” 

11. Pursuant to 15 U.S.C. § 1065, U.S. Trademark Registration Nos. 

3,044,315, 3,044,314, 3,057,061, 3,134,841 and 3,134,842 are now incontestable. 

12. Monster’s successful line of MONSTERTM drinks has grown to include 

not only the original Monster Energy® drink, but also numerous other well-known 

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products, including, but not limited to, original Monster Energy® and Lo-Carb 

Monster Energy®; MonsterTM Assault®; Juice Monster® Khaos®, Juice Monster®

RipperTM, and Juice Monster® Pipeline PunchTM; Ubermonster®; Monster Energy® 

Import; Punch Monster® Baller’s BlendTM and Punch Monster® Mad DogTM; Monster 

Energy® UnleadedTM; Monster Energy® Absolutely ZeroTM; Monster Energy® Zero 

UltraTM, Monster Energy® Ultra Blue®, Monster Energy® Ultra Red®, Monster 

Energy® Ultra Sunrise®, Monster Energy® Ultra Citron®, and Monster Energy® Ultra 

Black®; Monster Cuba-Lima®; Monster Rehab®, which is a line of non-carbonated 

energy drinks, which includes Monster’s Monster Rehab® Tea + Orangeade + Energy, 

Monster Rehab® Tea + Pink Lemonade + Energy, Monster Rehab® Tea + Lemonade + 

Energy, Monster Rehab® Raspberry Tea + Energy, and Monster Rehab® Peach Tea + 

Lemonade; Java Monster®, which is a line of dairy based coffee plus energy drinks; 

Muscle Monster®, which is a line of energy shakes; Monster Energy Extra Strength 

Nitrous Technology®, which is a line of energy drinks with a blend of nitrous oxide 

and carbon dioxide to create a smoother energy drink; and ® Monster Energy® 

which is a five ounce super concentrated energy drink, among others (referred to 

collectively as “MONSTERTM line of drinks”). 

13. The containers and packaging of Monster’s MONSTERTM line of drinks 

are prominently marked with the MONSTERTM mark. 

14. The MONSTERTM line of drinks includes beverages sold in cans and 

packaging using the colors green, orange and red. 

15. Beverages sold by Monster in cans and packaging using the color green 

have included, for example, original Monster Energy®, which is frequently 

referred to by consumers as “Green Monster”, Monster Cuba-Lima®, Monster 

Energy® UnleadedTM, Monster Energy® ImportTM, Java Monster® Irish BlendTM, 

Monster Energy Extra Strength Nitrous Technology® Super DryTM, Ubermonster® and 

® Monster Energy®. Images showing these products are shown below: 

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16. Beverages sold by Monster in cans and packaging using the color orange 

have included, for example, Monster Khaos Energy + Juice®, Monster Rehab® Tea + 

Orangeade + Energy, Monster Energy Extra Strength Nitrous Technology® AntiGravityTM, and Monster Energy® Ultra Sunrise®. Images showing these products are 

shown below: 

 

17. Beverages sold by Monster in cans and packaging using the color red 

have included, for example, Monster Assault®, Monster Energy® Ultra Red®, Muscle 

Monster® Strawberry, Monster Rehab® Raspberry Tea + Energy, and Punch Monster®

Baller’s Blend beverages are sold in cans and packaging using the color red. Images 

showing these products are shown below: 

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18. Monster’s MONSTER Marks are the subject of substantial and 

continuous marketing and promotion by Monster in connection with its MONSTERTM 

line of drinks and MONSTERTM apparel and accessories. Since 2002, Monster has 

spent approximately $3 billion dollars on promoting and marketing its MONSTERTM 

brand. 

19. Monster has and continues to widely market and promote its MONSTER 

Marks in the industry and to consumers by displaying the MONSTER Marks on more 

than 14 billion cans sold worldwide to date. Monster’s promotional efforts also 

include – by way of example but not limitation – widespread distribution of 

promotional and point of sale materials, product samplings, apparel and merchandise 

bearing the MONSTER Marks, in magazines and other industry publications, on the 

MONSTER ENERGY® website and other Internet websites, attendance at trade 

shows, and sponsorship of concert tours, live events, athletes, athletic teams, and 

athletic competitions around the world. 

20. Monster’s MONSTERTM line of drinks has achieved substantial 

commercial success. Worldwide retail sales are now approximately 3 billion cans per 

year with estimated retail sales of approximately US$6 billion per year worldwide. 

Monster’s MONSTER ENERGY® brand has established itself as the best-selling 

energy drink brand in the United States by unit volume. 

21. As a result of Monster’s substantial use and promotion of its MONSTER 

Marks, the marks have acquired great value as specific identifiers of Monster’s 

products and serve to identify and distinguish the products from those of others. 

Customers in this judicial district and elsewhere readily recognize Monster’s 

MONSTER Marks as distinctive designations of the origin of Monster’s 

MONSTERTM and MONSTER ENERGY® brand drinks. The MONSTER Marks are 

intellectual property assets of enormous value as symbols of Monster and its quality 

products, reputation, and goodwill. 

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B. Mojo Bowl’s Infringing Activities 

22. On information and belief, Mojo Bowl is engaged in the business of 

producing, distributing, marketing and selling beverages, under the name Mojo Bowl. 

Mojo Bowl also owns and operates the website <www.mojobowl.com> and maintains 

a variety of social media accounts including Facebook, Instagram, and Twitter. 

23. Without permission or consent from Monster, Mojo Bowl has sold and 

is offering for sale and selling beverages in connection with the marks GREEN 

MONSTER, ORANGE MONSTER and RED MONSTER (the “Infringing Marks”). 

The Infringing Marks are confusingly similar to one or more of Monster’s MONSTER 

Marks. Mojo Bowl is also using a mark identical to Monster’s MONSTERTM mark in 

connection with its advertising and marketing. 

24. On March 29, 2015, approximately 13 years after Monster began using 

its MONSTER Marks, Defendant filed Application Serial No. 86/580,254 (“the ’254 

Application”) with the U.S. Patent and Trademark Office (“U.S.P.T.O”) for the mark 

GREEN MONSTER in connection with “smoothies for consumption on and off the 

premises.” 

25. On March 29, 2015, Defendant also filed Application Serial No. 

86/580,252 (“the ’252 Application”) with the U.S.P.T.O. for the mark ORANGE 

MONSTER in connection with “smoothies for consumption on and off the premises.” 

/ / / 

26. On March 30, 2015, Defendant filed Application Serial No. 86/581,008 

(“the ’008 Application”) with the U.S.P.T.O. for the mark RED MONSTER in 

connection with “smoothies for consumption on and off the premises.” 

27. On October 21, 2015, Monster filed a Notice of Opposition with the 

Trademark Trial and Appeal Board requesting that Mojo Bowl’s ’254 Application and 

’252 Application be refused registration on the grounds that Mojo Bowl’s ORANGE 

MONSTER and GREEN MONSTER marks so resemble Monster’s MONSTER 

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Marks as to be likely to cause confusion or to cause mistake or to deceive. Mojo Bowl 

filed its Answer in this pending Opposition on November 24, 2015 and did not 

challenge the validity or enforceability of Monster’s MONSTER Marks. 

28. On January 12, 2016, Monster filed a Notice of Opposition with the 

Trademark Trial and Appeal Board requesting that Mojo Bowl’s ’008 Application be 

refused registration on the grounds that Mojo Bowl’s RED MONSTER mark so 

resembles Monster’s MONSTER Marks as to be likely to cause confusion or to cause 

mistake or to deceive. 

29. Mojo Bowl has been aware of Monster and its valuable trademarks since 

at least as early as October 2015 when Monster filed its Notice of Opposition against 

Mojo Bowl’s ’254 Application and ’252 Application. 

30. Without permission or consent from Monster, Mojo Bowl has infringed 

Monster’s MONSTER Marks by making, using, promoting, advertising, selling, 

and/or offering to sell beverages in connection with the GREEN MONSTER, 

ORANGE MONSTER and RED MONSTER marks that are confusingly similar to 

Monster’s MONSTER Marks. 

31. Mojo Bowl’s use of the terms “green” in combination with Monster’s 

MONSTERTM mark in Mojo Bowl’s GREEN MONSTER mark further increases the 

likelihood that consumers will believe there is an association between Mojo Bowl and 

Monster because consumers frequently refer to Monster’s original Monster Energy®

drink as the “Green Monster,” the color green is used in connection with the can and 

packaging for Monster’s best-selling product, the original Monster Energy® drink, 

among others, and is claimed as part of Monster’s marks shown in U.S. Registration 

Nos. 4,865,702 and 4,768,825. 

32. Similarly, Mojo Bowl’s use of the term “orange” in combination with 

Monster’s MONSTERTM Mark in Mojo Bowl’s ORANGE MONSTER mark further 

increases the likelihood that consumers will believe there is an association between 

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Mojo Bowl and Monster because the color orange is used in connection with the can 

and packaging for several products within Monster’s MONSTERTM line of drinks and 

is claimed as part of Monster’s marks shown in U.S. Registration Nos. 4,849,689 and 

4,790,629. 

33. Likewise, Mojo Bowl’s use of the term “red” in combination with 

Monster’s MONSTERTM mark in Mojo Bowl’s RED MONSTER mark further 

increases the likelihood that consumers will believe there is an association between 

Mojo Bowl and Monster because Monster’s MONSTER ENERGY ULTRA RED®

mark includes the term “red,” the color red is used in connection with the can and 

packaging for several products within Monster’s MONSTERTM line of drinks, and the 

color red is claimed as part of Monster’s mark shown in U.S. Registration No. 

4,768,827. 

34. Upon information and belief, Mojo Bowl’s actions alleged herein are 

intended to cause confusion, mistake, or deception as to the source of Mojo Bowl’s 

beverages. 

35. Upon information and belief, Mojo Bowl’s actions alleged herein are 

intended to cause consumers and potential customers to believe that Mojo Bowl’s 

beverages are associated with Monster or Monster’s MONSTERTM line of drinks, 

when they are not. 

36. By virtue of the acts complained of herein, Mojo Bowl has created a 

likelihood of injury to Monster’s business reputation and goodwill, caused a likelihood 

of consumer confusion, mistake, and deception as to the source of origin or 

relationship of Monster’s goods and Mojo Bowl’s goods, and has otherwise competed 

unfairly with Monster by unlawfully trading on and using Monster’s MONSTER 

Marks without Monster’s permission or consent. 

37. Upon information and belief, Mojo Bowl’s acts complained of herein are 

willful and deliberate. 

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38. Mojo Bowl’s acts complained of herein have caused damage to Monster 

in an amount to be determined at trial, and such damages will continue to increase 

unless Mojo Bowl is enjoined from its wrongful acts and infringement. 

39. Mojo Bowl’s acts complained of herein have caused Monster to suffer 

irreparable injury to its business. Monster will suffer substantial loss of goodwill and 

reputation unless and until Mojo Bowl is preliminarily and permanently enjoined from 

the wrongful acts complained of herein. 

FIRST CLAIM FOR RELIEF 

(Trademark Infringement and False Designation of Origin Under 15 U.S.C. 

§ 1125(a)) 

40. Monster hereby repeats, realleges, and incorporates by reference 

paragraphs 1-39 of this Complaint as though fully set forth herein. 

41. This is an action for trademark infringement and false designation of 

origin arising under 15 U.S.C. § 1125(a). 

42. As a result of the widespread use and promotion of Monster’s 

MONSTER Marks, the marks have acquired secondary meaning to consumers and 

potential customers, in that consumers and potential customers have come to associate 

the MONSTER Marks with Monster. 

43. Mojo Bowl has infringed Monster’s MONSTER Marks and created a 

false designation of origin, by using in commerce, without Monster’s permission, 

marks confusingly similar to Monster’s MONSTER Marks in connection with the 

advertisement, offering for sale, and/or sale of its beverages. 

44. Mojo Bowl’s actions are likely to cause confusion and mistake, or to 

deceive as to the affiliation, connection, or association of Monster with Mojo Bowl, 

and/or as to the origin, sponsorship, or approval of Mojo Bowl’s goods or commercial 

activities, in violation of 15 U.S.C. § 1125(a). 

45. Upon information and belief, Mojo Bowl did so with the intent to trade 

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upon Monster’s reputation and goodwill by causing confusion and mistake among 

customers and the public and to deceive the public into believing that Mojo Bowl’s 

beverages are associated with, sponsored by or approved by Monster, when they are 

not. 

46. Upon information and belief Mojo Bowl had actual knowledge of 

Monster’s ownership and prior use of the MONSTER Marks, and without the consent 

of Monster, willfully violated 15 U.S.C. § 1125(a). 

47. Mojo Bowl, by its actions, has damaged Monster in an amount to be 

determined at trial. 

48. Mojo Bowl, by its actions, has irreparably injured Monster. Such 

irreparable injury will continue unless Mojo Bowl is preliminarily and permanently 

enjoined by this Court from further violation of Monster’s rights, for which Monster 

has no adequate remedy at law. 

SECOND CLAIM FOR RELIEF 

(Trademark Infringement Under 15 U.S.C. § 1114) 

49. Monster hereby repeats, realleges, and incorporates by reference 

paragraphs 1-48 of this Complaint as though fully set forth herein. 

50. This is a claim for trademark infringement arising under 15 U.S.C. 

§ 1114. 

51. Monster owns valid and enforceable registered trademarks for its 

MONSTER Marks, including at least the registrations listed in Paragraph 9 above. 

52. Mojo Bowl has used in commerce, without permission from Monster, 

colorable imitations, and/or confusingly similar marks to Monster’s marks that are the 

subject of at least Monster’s U.S. Trademark Registration Nos. 3,044,315, 3,044,314, 

3,057,061, 4,036,681, 3,134,841, 3,134,842, 4,129,288, 4,269,880, 4,376,796, 

4,451,535, 4,532,292, 4,716,750, 4,790,629, 4,768,827, 4,768,825, 4,634,053, 

3,939,395, 4,604,556, 4,865,702, and 4,849,689 in connection with the distribution, 

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sale, offer for sale, advertisement, and/or promotion of beverages. Such use is likely 

to cause confusion or mistake, or to deceive. 

53. Upon information and belief, the activities of Mojo Bowl complained of 

herein constitute willful and intentional infringements of Monster’s registered marks, 

and Mojo Bowl did so with the intent to trade upon Monster’s reputation and goodwill 

by causing confusion and mistake among customers and the public and to deceive the 

public into believing that Mojo Bowl’s beverages are associated with, sponsored by, 

originated from, or are approved by, Monster, when they are not. 

54. Upon information and belief, Mojo Bowl had actual knowledge of 

Monster’s ownership and prior use of the MONSTER Marks, and has willfully 

violated 15 U.S.C. § 1114. 

55. Mojo Bowl, by its actions, has damaged Monster in an amount to be 

determined at trial. 

56. Mojo Bowl, by its actions, has irreparably injured Monster. Such 

irreparable injury will continue unless Mojo Bowl is preliminarily and permanently 

enjoined by this Court from further violation of Monster’s rights, for which Monster 

has no adequate remedy at law. 

THIRD CLAIM FOR RELIEF 

(Arizona Common-Law Unfair Competition) 

57. Monster hereby repeats, realleges, and incorporates by reference 

paragraphs 1-56 of this Complaint as though fully set forth herein. 

58. This is a claim for unfair competition arising under Arizona common 

law. 

59. Mojo Bowl’s acts complained of herein constitute trademark 

infringement and unfair competition under Arizona common law. 

60. By virtue of the acts complained of herein, Mojo Bowl has willfully and 

intentionally caused a likelihood of confusion among the purchasing public in this 

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Judicial District and elsewhere, thereby unfairly competing with Monster in violation 

of the common law of the state of Arizona. 

61. Mojo Bowl, by its actions, has maliciously and willfully disregarded 

Monster’s rights. Mojo Bowl’s actions were therefore taken in callous disregard of 

the substantial risk of material harm to Monster, and Monster is entitled to recover 

punitive or exemplary damages in an amount sufficient to punish Mojo Bowl and to 

deter others from similar future conduct. 

62. Mojo Bowl, by its actions, has irreparably injured Monster. Such 

irreparable injury will continue unless Mojo Bowl is preliminarily and permanently 

enjoined by this Court from further violation of Monster’s rights, for which Monster 

has no adequate remedy at law. 

FOURTH CLAIM FOR RELIEF 

(Arizona Statutory Unfair Competition) 

63. Monster hereby repeats, realleges, and incorporates by reference 

paragraphs 1-62 of this Complaint as though fully set forth herein. 

64. This is a claim for unfair competition arising under Arizona Rev. Stat. § 

44-1522. 

65. Mojo Bowl, by its actions, has intentionally caused a likelihood of 

confusion among the consumers and the public and has unfairly competed in violation 

of Ariz. Rev. Stat. § 44-1522. 

66. Mojo Bowl’s aforementioned acts constitute unlawful, unfair, or 

malicious business practices, which have injured and damaged Monster. 

67. Mojo Bowl, by its actions, has damaged Monster in an amount to be 

determined at trial. 

68. Mojo Bowl, by its actions, has irreparably injured Monster. Such 

irreparable injury will continue unless Mojo Bowl is preliminarily and permanently 

enjoined by this Court from further violation of Monster’s rights, for which Monster 

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has no adequate remedy at law. 

PRAYER FOR RELIEF 

WHEREFORE, Monster prays for judgment against Mojo Bowl as follows: 

A. That the Court render a final judgment in favor of Monster and against 

Mojo Bowl on all claims for relief alleged herein; 

B. That the Court render a final judgment that Mojo Bowl has violated the 

provisions of 15 U.S.C. § 1125(a) by willfully infringing Monster’s MONSTER 

Marks and by using a false designation of origin, false description or false 

representation through the marketing, sale and promotion of Mojo Bowl’s beverages 

under the marks GREEN MONSTER, ORANGE MONSTER and RED MONSTER; 

C. That the Court render a final judgment that Mojo Bowl has willfully 

violated the provisions of 15 U.S.C. § 1114 by infringing Monster’s trademark rights 

in at least the marks that are the subject of U.S. Trademark Registration Nos. 

3,044,315, 3,044,314, 3,057,061, 4,036,681, 3,134,841, 3,134,842, 4,129,288, 

4,269,880, 4,376,796, 4,451,535, 4,532,292, 4,716,750, 4,790,629, 4,768,827, 

4,768,825, 4,634,053, 3,939,395, 4,604,556, 4,865,702, and 4,849,689; 

D. That the Court render a final judgment that Mojo Bowl has unfairly 

competed with Monster in violation of Arizona common law; 

E. That the Court render a final judgment that Mojo Bowl has unfairly 

competed with Monster in violation of Arizona Rev. Stat. § 44-1522; 

F. That Mojo Bowl, its agents, servants, employees, attorneys, successors, 

franchisees, licensees and assigns, and all other persons in active concert or 

participation with any of them who receive actual notice of the injunction by personal 

service or otherwise, be forthwith preliminarily and permanently enjoined from: 

 i. using Monster’s MONSTER Marks, in connection with Mojo 

Bowl’s products, using the MONSTER Marks in advertising or promoting 

Mojo Bowl’s products, and/or using confusingly similar variations of the 

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MONSTER Marks in any manner that is likely to create the impression that 

Mojo Bowl’s products originate from Monster, are endorsed by Monster, or are 

connected in any way with Monster; 

ii. manufacturing, distributing, shipping, importing, reproducing, 

displaying, advertising, marketing, promoting, transferring, selling, and/or 

offering to sell any products bearing Monster’s MONSTER Marks and/or any 

confusingly similar marks; 

 iii. filing any applications for registration of any trademarks 

confusingly similar to Monster’s MONSTER Marks; 

iv. otherwise infringing Monster’s MONSTER Marks; 

 v. falsely designating the origin of Mojo Bowl’s products; 

 vi. unfairly competing with Monster in any manner whatsoever; and 

 vii. causing a likelihood of confusion or injury to Monster’s business 

reputation; 

G. That Mojo Bowl be directed to file with this Court and serve on Monster 

within thirty (30) days after the service of the injunction, a report, in writing, under 

oath, setting forth in detail the manner and form in which it has complied with the 

injunction pursuant to 15 U.S.C. § 1116; 

H. That the Court order the Director of the U.S.P.T.O. to refuse registration 

of Defendant’s U.S. Trademark Application Serial Nos. 86/580,252, 86/580,254 and 

86/581,008 pursuant to 15 U.S.C. § 1119, or in the alternative, that the Court order 

Mojo Bowl to abandon its U.S. Trademark Application Serial Nos. 86/580,252, 

86/580,254 and 86/581,008; 

I. That Mojo Bowl be required to account to Monster for any and all 

profits derived by Mojo Bowl and all damages sustained by Monster by virtue of Mojo 

Bowl’s acts complained of herein; 

J. That Mojo Bowl be ordered to pay over to Monster all damages which 

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Monster has sustained as a consequence of the acts complained of herein, subject to 

proof at trial, together with prejudgment and post-judgment interest; 

K. That this case be deemed exceptional and the amount of the damages be 

trebled and that the amount of profits be increased by as many times as the Court 

deems appropriate, pursuant to 15 U.S.C. § 1117; 

L. That Monster be awarded exemplary damages from Mojo Bowl; 

M. That Mojo Bowl’s actions be deemed willful; 

N. That an award of reasonable costs, expenses, and attorneys’ fees be 

awarded to Monster pursuant to at least 15 U.S.C. § 1117; 

O. That Mojo Bowl be required to deliver and destroy all devices, literature, 

advertising, goods and other materials bearing the Infringing Marks pursuant to 15 

U.S.C. § 1118; 

P. That Monster be awarded restitution and disgorgement; and 

Q. That Monster be awarded such other and further relief as this Court may 

deem just. 

SNELL & WILMER LLP 

Dated: January 15, 2016 By: s/Jacob C. Jones 

 David E. Rogers 

David G. Barker 

Jacob C. Jones 

One Arizona Center 

400 E. Van Buren, Suite 1900 

Phoenix, Arizona 85004-2202 

Attorneys for Plaintiff, 

MONSTER ENERGY COMPANY 

Of Counsel:

Lynda Zadra-Symes 

lynda.zadra-symes@knobbe.com 

Matthew S. Bellinger 

matt.bellinger@knobbe.com 

KNOBBE, MARTENS, OLSON & BEAR, LLP 

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2040 Main Street 

Fourteenth Floor 

Irvine, CA 92614 

Phone: (949) 760-0404 

Facsimile: (949) 760-9502 

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DEMAND FOR TRIAL BY JURY 

 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff 

Monster hereby demands a trial by jury on all issues so triable. 

Dated: January 15, 2016 By: s/Jacob C. Jones 

 Jacob C. Jones 

 Attorney for Plaintiff, 

 MONSTER ENERGY COMPANY 

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