Facts

Powernation markets and sells energy drinks under the name Clutch Energy and marketed with a three line logo. The can and logo exist in different colors depending on the flavor. The citrus lime flavor uses green lines against a black can. The Monster Energy Company markets and sells the Monster line of energy drinks which display Monster's registered marks. Monster uses a trade dress for its packaging, products, and promotional materials that includes the colors green and black in combination with an "M" design in the form of a three-line claw--both with and without the word "Monster". Monster brought an action against Powernation for trademark infringement, alleging that Powernation is infringing on Monster's trademark rights by marketing and selling the Clutch Energy Drink in connection with Clutch Energy's three line logo.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant's three-line logo is confusingly similar to plaintiff's three-line claw mark.

DEFENDANT'S COTNENTIONS: Defendant denied all of the contentions.

Result

Pursuant to a stipulation from both parties, judgment was entered in favor of Monster. Defendant is permanently enjoined from using marks or trade dress confusingly similar to Monster's marks or trade dress.