Monster Energy Company v. USA Nutraceuticals Group, Inc. et al, No. 5:2017cv00896 - Document 70 (C.D. Cal. 2018)

Court Description: STIPULATED DISMISSAL AND FINAL JUDGMENT by Judge Percy Anderson. Plaintiff Monster Energy Company (Plaintiff) and Defendants USA Nutraceuticals Group, Inc., and Ultra-Lab Nutrition, Inc. (collectively, Defendants) in settlement of this matter, consent and agree to the terms and conditions of this Stipulated Dismissal and Final Judgment. See document for details. (MD JS-6, Case Terminated). (lom)

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Monster Energy Company v. USA Nutraceuticals Group, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Doc. 70 JS-6 Steven J. Nataupsky (CA SBN 155913) steven.nataupsky@knobbe.com Lynda J. Zadra-Symes (CA SBN 156511) lynda.zadrasymes@knobbe.com Matthew S. Bellinger (CA SBN 222228) matt.bellinger@knobbe.com Marko R. Zoretic (CA SBN 233952) marko.zoretic@knobbe.com Nicole R. Townes (CA SBN 272342) nicole.townes@knobbe.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor Irvine, CA 92614 Phone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff MONSTER ENERGY COMPANY Matthew R. Orr (CA SBN 211,097) morr@calljensen.com William P. Cole (CA SBN 186,772) wcole@calljensen.com Samuel G. Brooks (CA SBN 272,107) sbrooks@calljensen.com CALL & JENSEN, APC 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Phone: 949-717-3000 Fax: 949-717-3100 Ryan M. Kaiser ryan@amintalati.com Jonathan J. Krit jonathan@amintalati.com AMIN TALATI UPADHYE, LLP 100 South Wacker Drive, Suite 2000 Chicago, IL 60606 Phone: 312-327-3328 Fax: 312-884-7352 Attorneys for Defendants USA NUTRACEUTICALS GROUP, INC. and ULTRA-LAB NUTRITION, INC. 19 IN THE UNITED STATES DISTRICT COURT 20 FOR THE CENTRAL DISTRICT OF CALIFORNIA 21 22 23 24 25 26 27 28 MONSTER ENERGY COMPANY, a Delaware corporation, Plaintiff/Counterdefendant, v. USA NUTRACEUTICALS GROUP, INC., a Florida corporation, and ULTRA-LAB NUTRITION, INC., a Florida corporation, Defendants/Counterclaimants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:17-CV-00896 PA (DTBx) Hon. Percy Anderson STIPULATED DISMISSAL AND FINAL JUDGMENT Dockets.Justia.com 1 Plaintiff Monster Energy Company (“Plaintiff”) and Defendants USA 2 Nutraceuticals 3 “Defendants”) in settlement of this matter, consent and agree to the terms and 4 conditions of this Stipulated Dismissal and Final Judgment. 5 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: 6 1. Group, Inc., and Ultra-Lab Nutrition, Inc. (collectively, Plaintiff filed this lawsuit against Defendants seeking, inter alia, 7 judicial review pursuant to 15 U.S.C. § 1071(b) of a decision of the U.S. Patent 8 and Trademark Office Trademark Trial and Appeal Board (“TTAB”) dated March 9 9, 2017(hereinafter, the “TTAB Decision”), denying registration in International 10 Class 5 of Plaintiff’s U.S. Trademark Application Nos. 85/543,622, 85/783,034, 11 85/168,304, and 85/197,756 for the marks REHAB THE BEAST! 12 WWW.MONSTERENERGY.COM, UNLEASH THE ULTRA BEAST!, REHAB 13 THE BEAST!, and UNLEASH THE NITRO BEAST!, respectively (hereinafter, 14 the “Opposed Applications”). 15 2. As part of a settlement of this matter, Plaintiff and Defendants have 16 agreed that the TTAB Decision should be vacated and that Plaintiff should be 17 permitted to register the marks identified in Paragraph 1 above in Class 5 with the 18 goods in the Opposed Applications revised to state: “nutritional energy 19 supplements in liquid form; nutritional supplement beverages containing 20 vitamins.” 21 3. Pursuant to Section 1071(b), the Director of the U.S. Patent & 22 Trademark Office is ordered to vacate the TTAB Decision pursuant to the parties’ 23 settlement of this action, to amend the description of goods in the Opposed 24 Applications to state “nutritional energy supplements in liquid form; nutritional 25 supplement beverages containing vitamins,” and to direct that the Opposed 26 Applications proceed to registration in Class 5. 27 4. Plaintiff’s remaining claims for trademark infringement, false 28 designation of origin, and unfair competition, which are based upon Defendants’ -1- 1 use of UNLEASH THE BEAST in connection with clothing, are dismissed. 2 Defendants’ declaratory judgment counterclaims for non-infringement and no 3 unfair competition and Defendants’ affirmative defenses are also dismissed. 4 5 6 5. This is a final judgment. Any other remaining claims and defenses, to the extent not otherwise addressed above by this Judgment, are hereby dismissed. 6. Each party shall bear their own costs and attorneys’ fees. 7 8 IT IS SO ORDERED. 9 10 11 Dated: March 23, 2018 Hon. Percy Anderson United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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