US beverage giant attacks Davos brewery

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It was the battle of Goliath against David. Goliath: Monster Energy Company. A global beverage company. Its most prominent product is “The Beast,” a sweet and sticky energy drink. David: A small brewer named Monstein from Davos GR. Monstein sells 1.5 million francs with beer. Nothing compared to Monster Energy, which has a turnover of 5.7 billion francs.

And yet: as reported by “Südostschweiz”, wealthy Americans are attacking the humble Graubünden breweries. They’re suing Bier Vision Monstein. at the Swiss Federal Intellectual Property Institute (IGE) in Bern. Monstein announced the discussion on his Facebook page. IGE’s rationale consists of 19 pages.

“I’ve never seen anything like it!”

Someone in the USA must have noticed the Monsteiner brewery and the slogan “Monsteiner since 2000”. On the other hand, the Americans sued. Your reasoning: There is a risk of confusion between “Monster” and “Monsteiner”. It’s a pretty remote possibility.

“We found it very special that such a large company attacked a small brewery in the mountains,” says Hans Peter Hoffmann, Chairman of Bier Vision Monstein AG. So he wasn’t afraid. “I’ve been through a lot already, but this was a special occasion.”

Defeat for US lawyers

How does IGE justify the decision between ‘Monster’ and ‘Monsteiner’? “The fact that the signs have only a low degree of visual and auditory similarity to the letters ‘MONST’ and the letters ‘ER’ is not appropriate to justify the possibility of confusion.” Due to the large differences between the signs, a “risk of confusion” can be ruled out.

What a defeat for US lawyers! (be)

Source :Blick