Monster Energy Company v. Beastup LLC ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Monster Energy Company, No. 2:17-cv-01605-KJM-JDP 12 Plaintiff, ORDER 13 v. Beastup LLC, 1S Defendant. 16 17 Plaintiff Monster Energy Company moves in /imine for an order prohibiting defendant 18 | Beastup LLC from offering at trial any evidence or argument that Monster is a “trademark bully” 19 | and from using other similar disparaging labels. See generally Mot., ECF No. 70; Mem., 20 | ECF No. 71. The matter is fully briefed. See generally Opp’n, ECF No. 74; Reply, ECF No. 76. 21 | As discussed at the status conference on December 2, 2021, the motion is granted without 22 | prejudice to the use of such evidence or arguments in a post-trial motion for attorneys’ fees. 23 | See, e.g., 15 U.S.C. § 1117(a); Lahoti v. Vericheck, Inc., 708 F. Supp. 2d 1150, 1171 (W.D. Wash. 24 | 2010) (awarding fees in response to motion raising similar arguments), aff'd, 636 F.3d 501, 25 | 510-11 (9th Cir. 2011). This order resolves ECF No. 70. 26 IT IS SO ORDERED. 27 | DATED: December 2, 2021.