Bang Energy wins again in court litigation against Monster Energy

12 September 2019

Bang Energy won again in court litigation against Monster Energy in the Netherlands. On Thursday, September 5, 2019, a Dutch district court found that Monster had acted unlawfully towards Bang by sending letters to its customers in which it had made false allegations about Bang and its products. The court held that contrary to what Monster had alleged, Bang’s energy drinks are freely available in the EU and that Monster had wrongfully suggested that in earlier litigation an injunction would have been granted against the marketing of the BANG energy drinks. The court found these allegations particularly damaging to Bang, since Bang has just entered the EU market and has just started to conquer market share on traditional high sugar energy drinks, such as those of Monster. Monster has been forbidden to make such allegations again on pain of a penalty sum. Also, Monster will have to inform Bang of all the persons to whom it has sent its unlawful letter, so that Bang can rectify Monster’s false and misleading statements.