A second slice of pizza – recent intellectual property appeal victory in the courts
08 February 2019
In August of last year, we represented the Monsta Pizza company, based in Wendover, whose owners run their pizza business with a monster-themed pizza oven. This small pizza business was challenged on its use of name by large US based company Monster Energy who claimed that MONSTA PIZZA would harm their interests in respect of their Monster Energy drinks brand.
We were able to win the case by arguing that there was no real likelihood of confusion between MONSTA PIZZA and the Monster Energy drinks, and also pointed out that ‘monster’ was a very descriptive term in this field – many restaurants have a ‘monster burger’ or the like.
This victory was challenged under appeal by Monster Energy who felt that consumers could be confused by the names. The case went to the Court of Appeal where, to the relief of MONSTA PIZZA, the claim was was rejected “in its entirety”.
The case has received plenty of coverage, here are a few links…
https://www.bbc.co.uk/news/uk-england-beds-bucks-herts-47121590
https://www.mix96.co.uk/news/local/2798762/monsta-pizza-vs-monster-energy-bucks-company-wins/
As ever, do let us know if you would like any help with your IP related issues.
