Monster Energy Company v Disney Enterprises, Inc

Case

[2017] ATMO 2

10 January 2017


Details
AGLC Case Decision Date
Monster Energy Company v Disney Enterprises, Inc [2017] ATMO 2 [2017] ATMO 2 10 January 2017

CaseChat Overview and Summary

Monster Energy Company (the Applicant) sought to register a trade mark, and Disney Enterprises, Inc. (the Opponent) opposed this application. The decision was made by Jock McDonagh.

The central legal issue before the court was whether the grounds of opposition raised by Disney Enterprises, Inc. against Monster Energy Company's trade mark application had been established.

The court determined that the Opponent had not established any grounds for its opposition. Consequently, the court decided to register the trade mark. The court also ordered that the Opponent pay the Applicant's costs on the Official Scale. Registration was to proceed one month from the date of the decision, unless an appeal was filed, in which case registration would be stayed pending the outcome of the appeal.
Details

Areas of Law

  • Intellectual Property

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Standing

  • Statutory Construction

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Cases Cited

24

Statutory Material Cited

0