Case 5:17-cv CBM-RAO Document 446 Filed 11/16/18 Page 1 of 5 Page ID #:17580

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1 Case 5:-cv-005-CBM-RAO Document Filed // Page of 5 Page ID #:50 ' ' i i= ` ~'D. _.I.._. i h ' r ~OV ~ a.. i '..a ;'~~ JTRAL GIfsTRICT OF CALIFORNIA ' ~ / DEPUTY N THE UI~TITED TATE DTRICT COURT FOR THE CENTRAL DTRICT OF CALIFORNIA MONTER ENERGY COMPANY, a Delaware corporation, v. Plaintiff, INTEGRATED UPPLY NETWORK, LLC, a Florida limited liability company, Defendant. Case No. 5:-CV-005-CBM=R.AO VERDICT FORM Hon. Consuelo B. Marshall Trial:. October 0,

2 Case 5:-cv-005-CBM-RAO Document Filed // Page of 5 Page ID #:5 '' WE, THE JURY, unanimously find as follows:. Did Monster Energy Company ("Monster Energy") prove by a preponderance of the evidence that Integrated upply Network, LLC ("N") infringed any of Monster Energy's federally registered trademarks that include the word "Monster"? Yes (for Monster Energy) No (for N) (Proceed to Question.). _Did Monster Energy prove by a preponderance of the evidence that it. has any trademark rights in the unregistered mark "Monster"? 5 Yes (for Monster Energy) No (for N) (If you answered "No" to Question, skip to Question. If you answered "Yes" to Question, proceed to Question.). Did Monster Energy prove by a preponderance of the evidence that N infringed Monster Energy's trademark rights in the unregistered mark "Monster"? Yes (for Monster Energy) No (for N) (If you answered "No" to Question, skip to Question. If you answered "Yes" to Question, proceed to Question.) --

3 Case 5:-cv-005-CBM-RAO Document Filed // Page of 5 Page ID #:5 ~~. Did N prove by a preponderance of the evidence that Monster Energy abandoned its trademark rights in the unregistered mark "Monster"? 5 Yes (for N) No (for Monster Energy) (P~oceed to Question.) 5: Did Monster Energy prove by a preponderence of the evidence that N infringed any of Monster Energy's federally registered trademarks.that include the word "Beast"? Yes (for Monster Energy) No (for N) _~ (Proceed to Question.). Did Monster Energy prove by a preponderance of the evidence that it owns rights in its.alleged trade dress? Yes (for Monster Energy) No (for N) _ (If you:. (A) answered "No" to Questions,, and ; and (B) also answered "No" to either Question or Question, or also answered "Yes" to Question, then skip to the end to sign and date the Verdict Form. Otherwise proceed to Question.) --

4 Case 5:-cv-005-CBM-RAO Document Filed // Page of 5 Page ID #:5 ~. Did Monster Energy prove by a preponderance of the evidence that N infringed Monster Energy's trade dress? Yes (for Monster Energy) ~ No (for N) ~I.fYou: (A) answered "No" to Questions,, and ; and (B) also answered "No" to either Question or Question, o~ also answered "Yes" to Question, then skip to the end to sign and date the VeYdict Form. Otherwise proceed to Question.). What amount did Monster Energy prove by a preponderance of the evidence that N should pay in damages caused by its infringement? ~~ ~ (Proceed to Question.). Did Monster Energy prove by a preponderance of the evidence that N's infringement was willful? Yes (for Monster Energy) No (for N),~ (If you answered "No" to Question, skip to Question. If you answered "Yes" to Question, proceed to Question.) --

5 Case 5:-cv-005-CBM-RAO Document Filed // Page 5 of 5 Page ID #:5 ~ G. What amount of N's profits did Monster Energy prove by a preponderance of the evidence are attributable to N's infringement and should be awarded to Monster Energy? z~ (P~oceed to Question.).. Did Monster Energy prove by clear and convincing evidence that N acted with malice, oppression, or fraud? Yes (for Monster Energy) ~ No (for N) (If you answered "Yes" to Question, proceed to Question. If you answered "No to Question, skip to the end to sign and date the Verdict Form.). What amount should N pay Monster Energy in punitive damages? $~~ ~~C~~~C~a You have now reached the end of the verdict form and should review it to ensure it accurately reflects your unanimous determinations. The Presiding Juror should then sign and date the verdict form in the spaces below and notify the Court personnel that you have reached a verdict. The Presiding Juror should retain possession of the verdict form and -bring it when the jury is brought back into the courtroom. DATED: ~~ /, REDACTED