Who would win in a fight: a monster or a dinosaur? According to the Trademark Trial and Appeal Board (“TTAB”), neither. In a recent clash between, on the one hand, energy drink juggernaut Monster Energy Company (“Monster”) and, on the other hand, Maple Leaf Sports & Entertainment (“Maple Leaf”)—the proprietor of the Toronto Raptors NBA team—and NBA Properties, Inc. (“NBA”) (collectively, “Applicants”), the TTAB dismissed both Monster’s likelihood of confusion and dilution claims and Maple Leaf’s counterclaims to cancel Monster’s asserted registrations based on likelihood of confusion solely because the marks at issue were too dissimilar to support any of the asserted claims.
