Monster Energy, the popular energy drink brand, has once again found itself in hot water after it targeted an indie game studio over the name of its 2020 horror game, Dark Deception: Monsters & Mortals. The move has reignited the conversation around the practice of trademark bullying in the gaming industry.
According to a Twitter thread by Vincent Livings, CEO of the game’s developer, Glowstick Entertainment, Monster Energy claims that the game’s name is “confusingly similar” to its brand. Livings has pushed back against the claim, stating that he plans to fight it in court and is advocating for a boycott of the energy drink in the meantime.
This is not the first time Monster Energy has been accused of trademark bullying. Over the years, the company has sued small businesses and even individuals for using the word “monster” or anything similar in their branding, logos, or products. This includes a small Ohio restaurant, a Georgia welder, and a man’s aquarium hobby forum.
The practice of trademark bullying, where large companies use their resources to intimidate smaller businesses into changing their branding, has been a topic of discussion in the gaming industry for some time. In 2020, Ubisoft changed the name of its game Gods & Monsters to Immortals: Fenyx Rising following a similar claim by Monster Energy.
Livings’ case highlights the extent to which large corporations will go to protect their brands, and the potentially damaging impact it can have on smaller businesses. It also highlights the need for more transparency and accountability in trademark disputes, and for companies to avoid the practice of trademark bullying.
In response to the situation, Livings has encouraged others to speak out against Monster Energy’s actions, stating that “showing their true face publicly is the only real way to stop them.” Monster Energy has not responded to requests for comment, but the controversy surrounding its actions is likely to continue to raise questions about the ethics of trademark bullying in the gaming industry.
This situation is unfortunately not uncommon in the games industry. Big corporations with deep pockets and powerful legal teams can often bully smaller studios and individuals with threats of legal action over trademark disputes. This can have a stifling effect on creativity and innovation, particularly for independent developers who may not have the resources to fight back.
It’s important to note that trademarks are important for protecting a company’s intellectual property and brand recognition. However, it’s also important for companies to exercise common sense and restraint in their pursuit of protecting their trademarks. Monster Energy’s demand that Glowstick Entertainment never use any variation of the word “Monster” or the colors green and white on a black background for any future games is particularly absurd and unreasonable.
The fact that Monster Energy is targeting an indie horror game with a relatively small audience is particularly concerning. It highlights the uneven playing field in the games industry, where big corporations can use their power to intimidate and bully smaller studios and individuals.
It remains to be seen how this situation will play out, but hopefully, it will serve as a reminder for companies to exercise restraint and respect for smaller developers in the future. In the meantime, Glowstick Entertainment’s Dark Deception: Monsters & Mortals is still available to play, albeit under a new name.
The actions of Monster Energy in this case are not surprising, given their history of aggressive trademark enforcement. However, the impact of this kind of behavior on the games industry is worth considering.
For small indie studios like Glowstick Entertainment, a legal battle with a company the size of Monster Energy can be incredibly costly and time-consuming. It can also lead to a loss of revenue and potential customers, as well as damage to the studio’s reputation. This is especially true in the case of Glowstick Entertainment, whose game has already been out for over a year, and has likely built up a loyal fanbase.
This kind of trademark enforcement also has a chilling effect on creativity in the games industry. If developers are constantly worried about potential legal action from companies with deep pockets, they may be less likely to take risks or explore new ideas. This could ultimately lead to a less diverse and less interesting games landscape.
It’s worth noting that trademark law exists to protect companies from others using their brand in a way that could cause confusion for consumers. However, in cases like this, it’s unclear whether there is any real risk of confusion between a horror game and an energy drink. It seems more likely that Monster Energy is simply trying to use its trademark as a way to bully a smaller company.
The actions of Monster Energy in this case are disappointing but not surprising. It’s up to the games industry as a whole to push back against this kind of behavior and ensure that creativity and innovation can continue to thrive.
