Announcing the “IP Bully of the Month” Award

Most certainly #3, Hansen beverages.
I assume this is a 43(a) issue, and a pretty fact-specific inquiry. Although I would never confuse a (very good) beer with an energy drink, Hansen probably gets some traction because they are both things you drink.
Can you offer any any comments, links or cites to cases, or scholarly writing on:
1) Similar cases where the products were obviously different but shared one significant trait (i.e. in this case both being things you drink).
2) The significance of other branding differences – very different labeling and packaging.
3) Common law trademark implications (Rock Art’s history of brewing and marketing the beer in Vt.)
4) Has there ever been such a thing as recovery by a defendant for the costs of a frivolous trademark suit? Any serious argument for the adoption of the English loser-pays rule in trademark suits?
5) What this might mean for 1) Ben and Jerry’s “Vermonster” ice cream cone? 2) Vermonster LLC (based in Boston!) computer consulting group (http://www.vermonster.com/), 3) Brooklyn Brewery’s “Monster Ale” (cf. http://beeradvocate.com/beer/profile/45/2231/) 4) anyone else using “Vermonster” in Vt.?

Thank you. I’ll take my answer off the air. And if I ever have a patent or trademark to protect, you guys will be at the top of the list.

– B