SAN FRANCISCO -- The 9th Circuit U.S. Court of Appeals in late June reversed a preliminary injunction that had prevented National Beverage Corp. from selling its Freek energy drinks over the objections of Hansen Natural Corp., which markets the Monster energy drink, said Reuters.
The court's decision said Corona, Calif.-based Hansen's popular Monster energy drinks were distinguishable from the Freek brand and others on the market and, therefore, consumer confusion was unlikely.
A district court had earlier issued a tentative ruling [image-nocss] in favor of Hansen, issuing a preliminary injunction preventing National Beverage from selling Freek and ordering the company to withdraw them from the market. That decision was appealed, leading to this reversal.
Soda-maker Hansen had argued that Freek energy drinks were confusingly similar, with a dark background on the can and a bold accent color, and argued that the terms "freak" and "monster" were similar in meaning. But those details were not enough for Hansen to claim infringement, the 9th Circuit ruled.
Packages of the two products "are similar in overall appearance only to the extent that they both feature 'aggressive' graphics and bold accent colors against dark backgrounds," wrote the court. "However, these elements are widely employed in the crowded energy drink market and are, therefore, unlikely to lead to confusion as to source."
The court also said, "'Monster' drinks are clearly distinguishable due to the word 'Monster' and a large 'M' prominently displayed on the cans, neither of which are found on the 'Freek' drinks.
Fort Lauderdale, Fla.-based National Beverage said in a press statement Wednesday praising the ruling that Hansen Beverage was trying to control competition in the burgeoning energy drink business.
Hansen did not respond to a CSP Daily News request for comment by presstime.
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