Monster Energy Company v. Beastup LLC

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

Monster Energy Company, No. 2:17-cv-01605-KJM-JDP Plaintiff, ORDER v.

Beastup LLC,

1S Defendant.

Plaintiff Monster Energy Company moves in /imine for an order prohibiting defendant Beastup LLC from offering at trial any evidence or argument that Monster is a “trademark bully” and from using other similar disparaging labels. See generally Mot., ECF No. 70; Mem., ECF No. 71. The matter is fully briefed. See generally Opp’n, ECF No. 74; Reply, ECF No. 76. As discussed at the status conference on December 2, 2021, the motion is granted without prejudice to the use of such evidence or arguments in a post-trial motion for attorneys’ fees. See, e.g., 15 U.S.C. § 1117(a); Lahoti v. Vericheck, Inc., 708 F. Supp. 2d 1150, 1171 (W.D. Wash. 2010) (awarding fees in response to motion raising similar arguments), aff'd, 636 F.3d 501, 510-11 (9th Cir. 2011). This order resolves ECF No. 70.

IT IS SO ORDERED.

DATED: December 2, 2021.