Recently, Monster Energy and Capcom were embroiled in a court battle over trademark infringement – and it was quite a wild ride. It all started with Monster Energy’s assertion that the Pokemon Company’s use of the word “monster” was infringing upon their trademark.
What followed was an intense legal battle that saw some seriously strange revelations come to light. From Monster Energy’s three-year long “Glowstick War” against Capcom to their attempt to silence a certain court witness, this entire case was filled with plenty of drama! So let’s dive into the details of what happened and how this trial shaped up.
Monster Energy Sues Capcom and the Pokemon Company
It looks like there’s a new battle brewing in the gaming world: Monster Energy against both Capcom and The Pokemon Company! The energy drink maker recently filed a trademark infringement lawsuit that could see them as the victor.
So what’s going on? Well, Monster Energy has accused both Capcom and The Pokemon Company of copyright infringement over their use of the word “Monster” in various games—Pokemon GO, for example. They have also accused Capcom of attempting to pass off their product as Monster Energy by allowing players to buy a character pack with an orange glow stick emblazoned with “Monster Fighter”.
What’s worse is that back in June 2018, Monster Energy tried to get an injunction against Capcom, but failed—even after the two parties entered into a licensing agreement. Now, it seems there will be no compromise until one of them achieves victory!
What Happened: Use of the Word “Monster” in Video Games
Want to know what happened in the Monster Energy and Pokemon lawsuit? It all comes down to the use of the word “monster” in video games.
In April 2020, Monster Energy filed a suit against Capcom and The Pokemon Company, claiming that these two companies had infringed on their trademark by using the word “monster” in their video games. Specifically, Monster took issue with references made to “Monster Battles” and “Monster Hunter” games, as well as mentioning this type of game play on promotional materials for both companies.
Monster also argued that these references had caused confusion for customers who thought they were getting an actual energy drink when buying items related to those games. In other words, it was enough for Monster Energy to believe that its trademark was being threatened.
It’s still a mystery whether the lawsuit will have any real consequences for either company, but it goes to show how much importance they place on defending their trademarks and preventing copyright infringement.
Monster Energy’s Trademark on the Word “Monster”
Did you know that Monster Energy actually holds a trademark on the word “monster”? That’s right, the company filed for the trademark in 2014 and it was granted in 2016.
This is why Monster Energy has been able to go after other companies, like Capcom, who use similar words in their products or titles. In 2017, Monster Energy sued Capcom and The Pokémon Company for allegedly infringing on their trademark with games such as Pokkén Tournament DX—which features a creature of Pokemon characters called Machamp fighting a character known as Gouketsu, complete with a move called “Monster Shot”.
Monster Energy also argued that Pokkén Tournament DX contained references to energy drinks, such as Gouketsu having a glowing green liquid encased within him “in multiple capacities”—which closely resembles Monster Energy’s iconic cans.
Ultimately the lawsuit was dismissed by the U.S. District Court of Central California in 2018. But it still stands as an example of how powerful Monster Energy’s trademark is and why they continue to fight against anyone who may infringe upon it.
How Capcom and Pokemon Infringed on the Trademark, According to Monster
You may not know this, but Monster Energy sued Capcom and The Pokemon Company for trademark infringement! According to Monster, the defendants infringed on the word “Monster”, which is a registered trademark of Monster.
So what did Capcom and The Pokemon Company do to infringe?
Comparable Branding
Monster Energy noted that in January 2020, Capcom released a version of their video game title “Monster Hunter: World” called “Iceborn” and The Pokemon Company released “Pokemon Sword” and “Pokemon Shield”. In their lawsuit, Monster noted that the design of their product logo is incredibly similar to their distinctive logo. Monster also noted that these games are sold in comparable ways to Monster products – both have energy drinks associated with them – and so consumers would be confused as to which product they are actually buying.
Confusingly Similar Products
Additionally, for both games, consumers have the chance to purchase related merchandise such as clothing as well as energy drinks with similar branding. This severely confuses consumers, as it’s unclear whether they are buying a product associated with Monster or if it is associated with either game!
Overall, this case shows why trademark protection is so important – so that companies can protect themselves against unfair competition.
The Implications of This Lawsuit on Trademark Law
The implications of Monster Energy’s lawsuit against Capcom and the Pokemon Company are huge, with far-reaching implications for trademark law. For one, it shows that companies must be mindful of how they use language when trying to promote a product. It also shines a light on the battle for exclusive language rights – where Monster Energy claim that their use of the word ‘monster’ entitles them to exclusive rights to its use in game titles and merchandising.
In addition, this case highlights the importance of developing a unique brand identity—one that stands out from other competitors, while still following trademarks laws. By creating a unique brand identity that resonates with consumers, companies can help protect their intellectual property from being infringed upon by others. This shows the need for brands to create distinct marketing strategies and invest in innovation so as not to infringe upon trademarks already claimed by other companies.
Ultimately, this legal battle between Monster Energy and Capcom and the Pokemon Company serves as an important reminder that companies must be aware of trademark laws when promoting products or services. Failing to do so can lead to hefty fines or even result in the loss of exclusive rights over important words or phrases used in advertising or product naming.
What This Means for Capcom, Pokemon and Future Video Games
What does the lawsuit between Monster Energy and Capcom mean for the future of video games? It’s certainly not good news for these two companies—or any other companies looking to incorporate similar concepts and themes.
Monster Energy has accused both Capcom and The Pokemon Company of trademark infringement, due to their use of the word “Monster” in various titles. While some believe that this lawsuit may have a large effect on the game industry at large, there are a few potential impacts that could occur as a result:
Restrictions on Content
This lawsuit may cause developers to be stricter about their content, making sure they do not violate any trademarks or copyrights. This could lead to games with more generic content, as developers attempt to steer clear of any potential legal issues.
Higher Licensing Fees
Another potential outcome is an increase in licensing fees for those wishing to use company trademarks or copyrights in their games. Developers may need to pay Monster Energy a fee if they wish to use elements from their Monster products in their own creations, which could lead to a pricier development process.
Potential Censorship
Finally, this lawsuit could be yet another example of video game censorship – as publishers may become increasingly weary of taking risks with potential copyright infringements. As a result, we could end up with fewer unique and creative titles – as developers take on more conservative stances.
It remains uncertain how this lawsuit will ultimately pan out—but it definitely has implications for the future of video gaming!
Conclusion
All in all, the fascinating case between Monster Energy, Capcom and the Pokemon Company shows just how serious the implications of trademark infringement can be. It also shows, however, that even if a company believes it has been wronged, the evidence and justification must be established in order for the case to be successful. All parties involved should be aware of the potential legal ramifications of their actions, even if their intentions are innocent.
It’s always important to be mindful of existing trademarks and copyright laws, especially when launching new products and services. Doing your due diligence before launching can save you a lot of headache in the future.