The popular energy drink company Monster Energy has threatened to take legal action against game developer Glowstick for using the term “monster” in the title of its game, Dark Deception: Monsters & Mortals.
Video game makers are frequently the focus of aggressive trademark lawsuits by Monster, an energy drink manufacturer owned by Coca-Cola. The beverage company and its legal division have now launched an attack against the independent developers of the multiplayer game Dark Deception: Monsters & Mortals.
1. It's well known that @MonsterEnergy is a notorious trademark troll. Unfortunately, they're at it again. For a company that likes to target their drinks at gamers, they also like to try to bully & bankrupt game studios with lengthy high dollar litigation. #indiegamedev #gamedev pic.twitter.com/8xvg7iWqQe
— Vincent Livings (@VincentLivings) March 29, 2023
Dark Deception: Monsters & Mortals, a game that was released in 2020, apparently has a trademark that Monster argues is too similar to its own. Vincent Livings, the CEO of Glowstick, tweeted the legal disclaimer from Monster Energy. Monster states in the document that they won’t raise a concern about Dark Deception’s trademark as long as the developers adhere to many severe rules.
Glowstick Entertainment takes a stand against Monster Energy
Many food, beverage, and video game companies have been sued by Monster Energy for using the phrase “Monster,” its logo, design, as well as any language from its slogans or other trademarks. In the past few years, the company has sued a food business in Ohio, a welder in Georgia, an aquarium hobby site, and numerous other game development companies that named their game titles with the word “Monster” or any of its variants.
Oh my god this is actually hilarious
Monster Energy drinks company put in complaints to the Japanese Trademark & Patent office about games using the word Monster, including both Pokémon and Monster Hunter, claiming there can be "confusion" with them.
Well this will go well https://t.co/Et29S1koDW
— Joe Merrick (@JoeMerrick) April 7, 2023
Most recently, a dispute arose between Monster Energy and Ubisoft over a game called Gods and Monsters, which later adopted the name Immortals Fenyx Rising. As most developers were reluctant to take on the energy drink corporation that is funded by Coca-Cola, the largest cold beverage company in the world, many of these cases haven’t been litigated, which is the main reason why gamers aren’t aware of them.
Glowstick Entertainment, however, has decided not to take Monster Energy’s threats lightly, making it plain that the legal fight is on. Vincent, the CEO of Glowstick shared that Monster Energy sent settlement terms to Glowstick. According to those terms, the studio will be allowed to keep the game’s current name in exchange for promising to refrain from using the term Monster or any of its variations, such as monsta, monster, monstrosity, beast, or unleash, in any of its future game titles.
Here are the overreaching settlement terms that #MonsterEnergy sent me. Basically, it demands that in exchange for allowing us to use the name "Monsters & Mortals", we agree to never name any other game any variation of the word "Monster". #indiegamedev #gamedev #ign #kotaku pic.twitter.com/YyXntK7PLn
— Vincent Livings (@VincentLivings) March 29, 2023
Livings asserts that he does not want to accept the deal but rather contest it. In addition to promising to take legal action, Vincent Livings has urged gamers to take a stand by stopping all support for Coca-Cola and Monster Energy. Vincent Livings launched the hashtag #boycottmonsterenergy in the hopes that by avoiding the two companies, they will finally see that going after video game studios is not in their best interest.
Header: Glowstick Entertainment