Hansen And Bickford´s "Do The Monster Mash"

The Full Federal Court of Australia has allowed an appeal in a case concerning the use of the words MONSTER ENERGY. In Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCAFC 181, the Full Court has set aside the orders made at first instance (see Hansen Beverage Company v Bickfords (Australia) Pty Ltd [2008] FCA 406) and has remitted the matter to the trial judge. In a unanimous decision, the Full Court has decided that the primary judge adopted an incorrect approach when considering whether Hansen's use of MONSTER ENERGY was sufficient to support an action for misleading and deceptive conduct under the Trade Practices Act 1974.

Hansen produce an energy drink called MONSTER ENERGY, which was launched in the United Sates in April 2002. Hansen did not apply to register the trademark MONSTER ENERGY or formally launch the product in Australia. Bickford's became aware of Hansen's MONSTER ENERGY product during a trip to the United States in February 2005 and