[chrismcb]

No. Trademark does NOT only apply if you are competing in the same space. Yes, in general that is true. BUT you also can't make it look like a well known company is now competing in a different space. Take the dog toy example. It looks like a bottle of Jack Daniels, uses the same logo except it is called "Bad Spaniels" with a dog on it. BUT will the average consumer think this toy was sold by Jack Daniels? If so, that can potentially hurt the Jack Daniels brand, and is thus a no no. Now (I am NOT a lawyer) if they called it a Jack Daniels dog toy, but used a completely different logo and didn't make it look like a bottle of Jack Daniels, they may have a case that it isn't trademark infringment. In this case of Monster, I don't think there is any chance that anyone would think that the word "Monster" in the title refers to the energy drink (unless there was the triple slash logo used in the game) On the other hand, Monster Energy DOES own a trademark of the word "Monster" in the video game arena. (But with 1800 other "monster" related trademarks, I think this will be tough for Monster Energy to win)