KUALA LUMPUR — US sports drink manufacturer Monster Energy is suing a Taiwanese individual in the Kuala Lumpur High Court over the registration of a copyright for a shaved ice brand in Malaysia.
The originating summons, filed by Monster Energy on June 19, names Frank Lo, the copyright owner of “ICE MONSTER,” as the defendant.
According to court documents, Monster Energy had filed an objection on August 22, 2014, with the Malaysian Copyright Registrar after being informed of Lo’s attempt to register a copyright containing the word “MONSTER.”
“The Plaintiff is the lawful owner of the copyright that comprises (the brand or word) ‘MONSTER’ in and outside of Malaysia.
“The copyright derived from the idea or word ‘MONSTER’ is distinctive to the Plaintiff whether in Malaysia or otherwise,” the summons stated.
However, on March 20 this year, the Copyright Registrar rejected the plaintiff’s objection, essentially allowing Lo to register the trademark—a decision Monster Energy argues was both factually and legally flawed.
One of Monster Energy’s key arguments against the registration is that the word “MONSTER” is not commonly used in the food and beverage industry.
The company further claims that Malaysians may confuse the “ICE MONSTER” brand with its own energy drinks.
Monster Energy also noted that although Lo claims “ICE MONSTER” refers to a chain of food and beverage outlets in Taiwan, the copyright has been registered in various other jurisdictions under different individuals and entities.
Additionally, Monster Energy pointed out that while Lo asserts ownership of a Taiwan-based restaurant called “ICE MONSTER,” the business is actually owned by ‘FNB Gourmet Group Corporation Limited.’
“The defendant can’t add elements or other qualities such as the words ‘ICE’ or a cube animation with a moustache to the plaintiff’s ‘MONSTER’ copyright and later claim it as his intellectual property,” the court documents read.
Monster Energy is seeking an order from the Kuala Lumpur High Court to overturn the Copyright Registrar’s March 20 ruling and block Lo’s copyright registration.
According to a report by the Taipei Times, ICE MONSTER is a Taiwanese restaurant chain known for its shaved ice desserts.
The brand has since expanded with branches in the US and Japan, with Lo listed as the business owner. — September 17, 2024