Opinion
2:17-cv-01605-KJM-JDP
12-02-2021
Monster Energy Company, Plaintiff, v. Beastup LLC, Defendant.
ORDER
Plaintiff Monster Energy Company moves in limine for an order prohibiting defendant Beastup LLC from offering at trial any evidence or argument that Monster is a “trademark bully” and from using other similar disparaging labels. See generally Mot., ECF No. 70; Mem., ECF No. 71. The matter is fully briefed. See generally Opp'n, ECF No. 74; Reply, ECF No. 76. As discussed at the status conference on December 2, 2021, the motion is granted without prejudice to the use of such evidence or arguments in a post-trial motion for attorneys' fees. See, e.g., 15 U.S.C. § 1117(a); Lahoti v. Vericheck, Inc., 708 F.Supp.2d 1150, 1171 (W.D. Wash. 2010) (awarding fees in response to motion raising similar arguments), affd, 636 F.3d 501, 510-11 (9th Cir. 2011). This order resolves ECF No. 70.
IT IS SO ORDERED.