Iraq war veteran, 40, wins court battle against energy drinks giant Monster over name of his new healthy low-sugar caffeine-free drink
- Daniel Smith launched Thirsty Beasts to sell low-sugar and caffeine-free drinks
- But Monster Energy said name was too similar to its ‘Unleash the Beast’ slogans
- Mr Smith won two-year legal battle with multi-million-dollar company last week
An Iraq war veteran has won a court battle against energy drink giant Monster over the name of his new healthy drink.
Daniel Smith launched his business, Thirsty Beasts, to sell low-sugar and caffeine-free drinks to adults and children.
But US-based Monster Energy objected, claiming the name was too similar to the ‘Unleash the Beast’ and ‘Rehab the Beast’ slogans on their products.
Daniel Smith (pictured with wife Shona and daughters Elizabeth and Olivia) launched a business called Thirsty Beasts to sell low-sugar and caffeine-free drinks
The company hired top Wall Street lawyers to fight the father-of-two – who is now celebrating following his victory in the two-year legal battle.
Mr Smith, who fought in the Iraq War, can now register Thirsty Beasts as his trademark.
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The former soldier said the name came to him when he realised there were few healthy drinks available for his daughters Elizabeth and Olivia.
He said: ‘I would be extremely surprised if any regular or new customer of Monster Energy would confuse the brands as there are distinct differences between them.
Monster Energy objected, claiming Thirsty Beasts’ name was too similar to the ‘Unleash the Beast’ and ‘Rehab the Beast’ slogans on their products
‘Consumers are clever enough to know the difference between a healthy drink and an energy drink.
‘We don’t believe Thirsty Beasts is similar to their branding at all.’
Mr Smith, who lives with his wife Shona and two daughters in Newbury, Berkshire, funded the start up independently.
He has so-far spent £75,000 on the launch, website, and developing the branding.
The father-of-two was ready to unveil the product in 2016 when Monster Energy opposed the trademark application, claiming customers would confuse the brands.
Mr Smith (pictured in Iraq) won the lengthy legal battle and can now register Thirsty Beasts as his trademark
Monster said the words ‘Monster’ and ‘Beast’ were too similar to the ‘Unleash the Beast’ or ‘Rehab the Beast’ slogans found on the reverse of some of their drinks cans.
The Trademark Office ruled in Mr Smith’s favour in November last year – and he was awarded costs of £1,100.
But this wasn’t the end of the lengthy legal battle, as Monster Energy appealed the decision.
Monster Energy’s parent company, Monster Beverage Corporation, has been involved in similar trademark disputes in the past
The company, however, lost again when the final decision went in Mr Smith’s favour.
Now Mr Smith, who claimed Monster Energy was ‘hell-bent on ensuring Thirsty Beasts is stopped dead in its tracks’, is looking for investors and a base in Newbury.
He said: ‘I could have chosen the easy route and dropped this at the beginning, picked a new name and started all over again.
‘But I had already committed so much time, effort and my own money into my passion that I simply could not turn my back on this.
‘It’s also a matter of pure principle – why should they tell me or any company start-up that we don’t have the right to exist?’
Mr Smith was helped by European trademark and design attorney Dale Campbell, who filed his case to the Intellectual Property Office.
Monster Energy’s parent company, Monster Beverage Corporation, has been involved in similar trademark disputes in the past.
It has been criticised for its policy to sue companies or groups which use the word ‘Monster’ or the letter ‘M’ in their marketing.
They dropped a lawsuit against a Vermont micro-brewery which marketed a beer named ‘Vermonster’ after getting negative publicity.
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