DC Comics Opposes Monster Energy’s “Ultra Kryptonite” Trademark

Two very active trademark filers and opposers are going to battle concerning Monster Energy’s attempt to register the ULTRA KRYPTONITE trademark with DC Comics claiming they own exclusive rights to the KRYPTONITE trademark.

Image result for kryptoniteMonster Energy is aggressive, to say the least, concerning opposing the registration of trademarks that contain the term MONSTER and now it is getting a taste of its own medicine. Monster filed an intent to use trademark for ULTRA KRYPTONITE  covering energy drinks. But when the mark got published, DC Comic’s legal team, had some Red Bull (I bet), and drafted up an opposition to the mark.

In Greek, krypton roughly translates as “the hidden one” and is a chemical element with symbol Kr and atomic number 36. It is a colorless, odorless, and tasteless noble gas that is found in trace amounts in the atmosphere. Enough science for today. While Superman was first introduced in 1938, it wasn’t until 1943 that the KRYPTON and KYPTONITE trademarks started being used with the Man of Steel. Kryptonite is a fictional material used to weaken Superman’s powers. Over the years, DC Comics has used many variations of the mark including KRYPTO THE SUPERDOG. The mark has become almost as famous as Superman and DC Comics owns several register trademarks for the KRYPTON marks.

In a similar trademark opposition that I have seen several times before, DC Comics argues that due to its extensive use of the KRYPTONITE mark that people would associate the energy drink with DC Comics. Basically, DC Comics claims that if you had a shot of Ultra Krptonite, you would think it was in some way licensed by or affiliated with DC Comics, when it is not. Will be interesting to see what happens here with two big companies that aren’t afraid to litigate and spend some (krptonite) green on trademark oppositions. Due to its widespread use of the mark for decades, I think DC Comics would win this fight if there isn’t a settlement.