Monster Energy’s Sanctions Against Bang Upheld in IP Case (3)

Monster Energy Co.'s successful motion to strike a competing energy drink company’s claim for actual damages in a trademark dispute over the “Bang Energy” brand was upheld by the Eleventh Circuit on Wednesday.

Vital Pharmaceuticals Inc., which owns Bang Energy and sued Monster for trademark infringement in 2019, violated its discovery obligations by failing to disclose how much it was seeking in damages or how those damages could be calculated, the appeals court said.

In the unpublished opinion, the US Court of Appeals for the Eleventh Circuit also affirmed a Florida federal judge’s decision to strike Vital Pharmaceutical’s jury demand. ...