Freek and Monster not equivalent.

In Hansen Beverage Co. v. National Beverage Co., the Ninth Circuit reversed a preliminary injunction based on a likelihood of confusion by consumers between the Monster (produced by Hansen) and Freek energy drink products. The Court reversed the district court’s rulings that the trade dress for the products was very similar.   Given the examples shown below, it’s hard to argue with this opinion. The Court also rejected  Hansen’s argument that Freek Man was the pictorial equivalent of the Monster trade dress.

The appendix filed with the opinion offers  black and white images of the two products.