Monster Energy Company v Disney Enterprises, Inc
Case
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[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.
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
Key Legal Topics
Areas of Law
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Intellectual Property
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Administrative Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Remedies
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Standing
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Statutory Construction
Actions
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Most Recent Citation
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Cases Cited
24
Statutory Material Cited
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