I checked out the US Patent and Trademark Office again and see that Rock Art's application for trademark has been amended on a "proposed" preliminary basis on the same day that the confidential settlement was announced:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2006 and first used in commerce at least as early as 06/29/2006, and is now in use in such commerce.
Proposed: Class 032 for beer, namely craft-brewed beer, expressly excluding energy supplements, energy drinks, sports drinks, or energy sodas, whether in liquid or powdered form.
So, it would appear, that Rock Art may get their national trademark but have confirmed that it would not be used in competition to Hansen's Monster line of jittery soda pop. Sensible.





