Monster Energy Company et al v. Alpine Falls Marketing LLC et al, No. 8:2020cv00602 - Document 30 (C.D. Cal. 2020)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION 29 filed by Judge John F. Walter. Final judgment is entered in favor of Plaintiffs and against Defendants on Plaintiffs' claims for: (i) trademark infringement under 15 U.S.C. 1114; (ii) trademark inf ringement and false designation of origin under 15 U.S.C. 1125(a); (iii) California common-law unfair competition; and (iv) unfair competition arising under California Business & Professions Code 17200 et seq. SEE JUDGMENT FOR DETAILS. (MD JS-6. Case Terminated) (iv)
Download PDF
<![CDATA[
Monster Energy Company et al v. Alpine Falls Marketing LLC et al Doc. 30 1 JS-6 2 3 4 5 6 7 8 9 THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 MONSTER ENERGY COMPANY, a Delaware corporation, and REIGN BEVERAGE COMPANY, LLC, a Delaware limited liability company, Plaintiffs, v. ALPINE FALLS MARKETING LLC, a California limited liability company, AGAPE LIVING WATER, LLC, a California limited liability company, PURITAS BEVERAGES, LLC, an Illinois limited liability company, and GERRY PATTERSON, an individual, Defendants. Case No.: 8:20−cv−00602 JFW (JPRx) FINAL JUDGMENT AND PERMANENT INJUNCTION [29] 21 22 23 24 25 26 27 28 AGAPE LIVING WATER, LLC, a California limited liability company, Counterclaimant, v. MONSTER ENERGY COMPANY, a Delaware corporation, and REIGN BEVERAGE COMPANY, LLC, a Delaware limited liability company, Counterdefendants. Dockets.Justia.com 1 Pursuant to a Stipulation for Entry of Judgment and Permanent Injunction 2 filed by Plaintiffs Monster Energy Company and Reign Beverage Company, LLC 3 (collectively “Plaintiffs”) and Defendants Agape Living Water, LLC, Alpine 4 Falls Marketing LLC, Puritas Beverages, LLC, and Gerry Patterson (collectively 5 “Defendants”), 6 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS 7 FOLLOWS: 8 1. The Court has personal jurisdiction over each of the parties to this 9 action. The Court also has subject matter jurisdiction over this action pursuant to 10 15 U.S.C. §§ 1116 and 1121 and 28 U.S.C. §§ 1331, 1338, 1367(a). Venue is 11 proper in this Judicial District pursuant to 28 U.S.C. § 1391(b) and (c). 2. 12 Monster Energy Company (“Monster”) is a corporation organized 13 and existing under the laws of the State of Delaware, having a principal place of 14 business at 1 Monster Way, Corona, California 92789. 3. 15 Reign Beverage Company, LLC (“Reign”) is a limited liability 16 company organized and existing under the laws of the State of Delaware, having 17 an address of 1547 N. Knowles Avenue, Los Angeles, California 90063. Reign 18 is a wholly owned subsidiary of Monster. 4. 19 Alpine Falls Marketing LLC (“Alpine Falls”) is a limited liability 20 company organized and existing under the laws of the State of California, having 21 an address of P.O. Box 255, Yorba Linda, California 92885. 5. 22 Agape Living Water, LLC (“Agape”) is a limited liability company 23 organized and existing under the laws the State of California, having a principal 24 place of business at 8376 Thoroughbred Street, Alta Loma, California 91701. 6. 25 Puritas Beverages, LLC (“Puritas”) is a limited liability company 26 organized and existing under the laws of the State of Illinois, having an address 27 at 417 South Associated Road, Suite 309, Brea, California 92821. 28 /// -1- 1 2 3 4 5 7. Gerry Patterson (“Patterson”) is an individual having an address of 420 S Chatham Cir., Apt. N, Anaheim, CA 92806. 8. Plaintiffs produce and sell a line of energy drinks bearing the REIGN trademark, and use various REIGN-inclusive marks in connection with their REIGN beverages, including, but not limited to, REIGN, REIGN FUEL®, 6 7 REIGN TOTAL BODY FUEL, REIGN INFERNO, , , , and 8 9 (collectively, “Plaintiffs’ REIGN Marks”). 9. Reign is the owner of U.S. Trademark Registration No. 6,003,554 10 (“the ’554 Registration”) for the mark REIGN FUEL® for use in connection with 11 “energy drinks; soft drinks,” which was filed on October 30, 2018, and registered 12 on March 3, 2020. 13 14 15 10. Defendants make, sell, and/or distribute bottled water under the mark REIGN. 11. Defendants are not now, nor have they ever been, associated, 16 affiliated, or connected with Plaintiffs. Plaintiffs did not authorize Defendants to 17 use any REIGN mark. 18 12. On March 26, 2020, Plaintiffs filed a Complaint against Defendants 19 for: (i) trademark infringement under 15 U.S.C. § 1114; (ii) trademark 20 infringement and false designation of origin under 15 U.S.C. § 1125(a); (iii) 21 California common-law unfair competition; and (iv) unfair competition arising 22 under California Business & Professions Code § 17200 et seq. Plaintiffs assert 23 that Defendants are infringing Plaintiffs’ rights in Plaintiffs’ REIGN Marks by 24 marketing and selling beverages using the mark REIGN. 25 26 13. Defendants acknowledge that Plaintiffs have priority with respect to Plaintiffs’ REIGN Marks over any use by Defendants of any REIGN mark. 27 28 -2- 1 2 3 4 5 14. Defendants acknowledge that they have no trademark rights or other rights to the REIGN mark or any other REIGN-containing mark. 15. Defendants acknowledge that Plaintiffs’ REIGN Marks, including Reign’s ’554 Registration, are valid and enforceable. 16. Defendants acknowledge that their use of the mark REIGN in 6 connection with marketing, offering for sale, and selling Defendants’ beverages 7 is likely to cause confusion with Plaintiffs’ REIGN Marks and therefore 8 constitutes trademark infringement, false designation of origin, and unfair 9 competition. 10 NOW, 11 ADJUDGED, AND DECREED AS FOLLOWS: 12 THEREFORE, A. IT IS FURTHER HEREBY ORDERED, Final judgment is entered in favor of Plaintiffs and against 13 Defendants on Plaintiffs’ claims for: (i) trademark infringement under 15 U.S.C. 14 § 1114; (ii) trademark infringement and false designation of origin under 15 15 U.S.C. § 1125(a); (iii) California common-law unfair competition; and (iv) unfair 16 competition arising under California Business & Professions Code § 17200 et seq. 17 B. Final Judgment is entered against Agape and in favor of Plaintiffs on 18 Agape’s counterclaims for: (i) trademark infringement and false designation of 19 origin under 15 U.S.C. § 1125(a); (ii) unfair competition arising under California 20 Business & Professions Code § 17200 et seq.; and (iii) declaratory relief. 21 C. Defendants, their agents, servants, employees, attorneys, successors, 22 and assigns, and all other persons in active concert or participation with 23 Defendants who receive actual notice of this injunction by personal service or 24 otherwise, are forthwith permanently enjoined from: 25 i. using the REIGN mark and any other marks that are confusingly 26 similar to Plaintiffs’ REIGN Marks in connection with the 27 advertising, promotion, manufacture, distribution, or sale of 28 Defendants’ goods, including, but not limited to, on Defendants’ -3- 1 beverage products, or in any manner that is likely to create the 2 impression that Defendants’ goods originate from Plaintiffs, are 3 endorsed by Plaintiffs, are sponsored by Plaintiffs, or are connected 4 in any way with Plaintiffs; 5 ii. filing any applications for registration of any mark containing the 6 mark REIGN or any mark that is confusingly similar to Plaintiffs’ 7 REIGN Marks; 8 iii. Plaintiffs’ other trademarks that include the term REIGN; 9 10 otherwise infringing any of Plaintiffs’ REIGN Marks, or any of iv. falsely designating the origin of Defendants’ products as originating from Plaintiffs; 11 12 v. unfairly competing with Plaintiffs in any manner whatsoever; and 13 vi. causing a likelihood of confusion or injury to Plaintiffs’ business reputation; 14 15 D. The parties shall be subject to the jurisdiction of this Court in 16 connection with any dispute relating to enforcing the terms of this Final Judgment 17 and Permanent Injunction. 18 E. Each party shall bear its own attorneys’ fees and costs. 19 20 IT IS SO ORDERED. 21 22 23 Dated: December 10, 2020 Hon. John F. Walter United States District Judge 24 25 26 27 28 -4-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
