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Monster Suit/courtesy photo Accused products in Monster Energy suit/courtesy photo

A $5 million verdict for trademark and trade dress infringement sounds great on the surface for Monster Energy Co. in its trial with a Florida automotive supply company.

But a strange thing happened on the verdict form handed in Friday following a nine-day trial in Los Angeles. Jurors awarded all $5 million as punitive damages, and zero as damages for the infringement. That raises the possibility that Monster may collect nothing, and might even be out of luck on injunctive relief.

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Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected]

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