Pryor Cashman client Brooke Comegys, an artist whose trademark application for the mark TITTY MONSTER had been opposed by Monster Energy Company at the Trademark Trial and Appeal Board (TTAB), won a significant victory when Monster Energy withdrew its oppositions with prejudice.
The firm's pro bono representation of Comegys focused on her registration of the standard character mark TITTY MONSTER for Class 25 and Class 26 goods (including various items of clothing and ornamental pins), which was opposed by Monster Energy Company on the alleged grounds of likelihood of confusion with a litany of registered and unregistered marks it purported to own.
Pryor Cashman engaged Stephanie Child, Ph.D, a senior consultant at NERA Economic Consulting, as a rebuttal expert. She conducted a survey and authored a report showing in part that 0% of respondents believed that Monster Energy Company was the source of Comegys' items bearing the TITTY MONSTER mark.
After an extended fact and expert discovery period (September 6, 2022–October 16, 2023), Monster Energy Company withdrew its opposition, and the TTAB dismissed the opposition with prejudice on October 24, 2023.
Comegys named her clothing company "Titty Monster" as a way to reclaim a term that bullies had used to taunt her as a child while grappling with issues related to gender and orientation. The company aims to promotes body positivity and self-acceptance, and donates the proceeds from all sales of pink beanies to the Keep a Breast Foundation.
Comegys was represented by Partners Dyan Finguerra-DuCharme and Kaveri Arora, Counsel William Thomashower, and Associate Kate Garber.
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