Author Topic: "Monster" copyright/trademark? Attn: attorneys!  (Read 3354 times)

depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #15 on: December 07, 2008, 01:02:14 AM »
The Audioholics link above had a couple of unwanted spaces in it. Here's the correction:

http://www.audioholics.com/news/editorials/monster-call-to-arms

A rebuttal from Mr Noel Lee of Monster Cable. Mr Lee cries foul, that he a blameless innocent, cruelly wronged. Maybe it's my perceptions coloured by the all the aforementioned but it reads to me like a sleazy, press-release spin that really says... not much:

http://www.audioholics.com/news/press-releases/monster-cable-responds-a-message-from-noel-lee


And some fascinating stuff about one of the other, earlier morsels Mr Lee claims general blamelessness about; who, alas for him, turned out to be an industry technophile and lawyer....  ;D
http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back
http://www.audioholics.com/news/editorials/blue-jeans-followup
http://www.freesoftwaremagazine.com/columns/interview_kurt_denke_man_who_shut_monster_cable_up


Of course, everyone's innocent til proven guilty but since MC seem to be the instigator of all these cases, be sure to check out Mr Denke's speculations about their tax status and Bermuda.   In the words of the National Lampoon: "This man is a juridical shark!!" and more power to him.   If MC's opponents are even half-right and this is all about opportunism and legalised extortion, some counter-extortion may be what Monster Mini-Golf need in their ammo belt. Best of all, it would be of MC's own making.

Can you guys all write your Senators or something and get this sort of gratuitous legal B.S. outlawed for the future ? I hate to think of the pyrrhic victory that may await the good people at Monster Mini-Golf should they win. T'aint fair, t'aint right.


 
« Last Edit: December 07, 2008, 01:10:15 AM by depressedlarrytalbot »

Uncle_Gomez

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #16 on: December 09, 2008, 01:35:00 PM »
I'll go one better,

  any attorneys out there, anyone with friends who are attorneys  ask them to help them pro bono.  Lets get these fine people all the help they can get and make these cowardly blackguards the trouncing they deserve.  This sort of behavior should be stopped right now and a lesson made of them.

ChattyLMS

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #17 on: December 11, 2008, 12:23:58 AM »
Oh brother!  How stupid!  I suppose from now on we'll have to say "Horror challenged individuals"? 
Laura ::) ::) ::) ::) ::)

depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #18 on: December 12, 2008, 11:57:45 PM »
Had a response from my message to Monster Cable. Mr Noel Lee says I am regrettably misinformed. If I understand his statement, the US Govt requires him to defend his trademark, or lose it. Since other parties claim to have told him where to go in similar circumstances in the past, I assume this is not a real risk, or surely it would already have happened through them. At any rate, I believe he is saying that if he does not face up to the legal requirement to 'deal' with this highly directed assault on his established monopoly of the word "Monster" as a trademark, Monster MiniGolf (who are not, he says, the underdogs they seem, but hey, who started this..) could be free and clear to take it, then to do to him what he is now trying to do to them. Frankly, this sounds to me like fear of seeing a precedent set, from something that failed. Can that be done? I'm baffled.     

I'm no lawyer. Oh BOY, am I no lawyer. As a layman, it seems to me that there ought to be enough of a word like "monster" to go around for everybody, as long as Monster MiniGolf doesn't branch out into Cable. I still smell opportunism, and the pursuit of bucks.
Of course, I'm an old fart, and a cynic. Old enough to have been acquainted with fairly simple definitions of right and wrong and just and unjust, and cynical enough to know those concepts only overlap with 'law' these days by accident....

I might be more convinced if I saw Mr Lee rushing to remove the FAMOUS MONSTERS testimonials link from his home page. Come on, guy; fair is fair.

Say, anybody hear about that Turkish village called Batman that's suing Warner Bros? I saw some of those Turkish lawyers in MIDNIGHT EXPRESS, they are awesome. Maybe Mr Lee needs some of them on his team, they seem to know what makes it all tick. Yeah.     
« Last Edit: December 13, 2008, 12:01:07 AM by depressedlarrytalbot »

Mike Scott

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #19 on: December 13, 2008, 12:55:20 AM »
As a layman, it seems to me that there ought to be enough of a word like "monster" to go around for everybody, as long as Monster MiniGolf doesn't branch out into Cable.   

Monster MiniGolf is not infringing on Monster Cable's TM, nor is Monster Cable's TM in jeopardy because of Monster MiniGolf. The suit is complete BS and should be dismissed!
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Kharis

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #20 on: December 13, 2008, 01:05:52 AM »
I wonder if Monster Energy Drink should be worried?  ::)
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depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #21 on: December 14, 2008, 03:35:34 AM »
I just read my own post and it reads ambiguously. Just for the record, when I said

Quote
(who are not, he says, the underdogs they seem, but hey, who started this..)

I meant "after all, who started this?" as in "Who? Monster Cable, that's who". As in, that automatically makes Monster MiniGolf the underdogs in my book. Go, underdogs.

Shoulda expressed it more clearly.

Thank you.

Mike Scott

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #22 on: December 14, 2008, 12:01:21 PM »
Shoulda expressed it more clearly.

Just in case my last message wasn't clear, I was yelling at (those idiots at) Monster Cable, not at you.
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Jscareshock

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #23 on: December 14, 2008, 01:51:57 PM »
Monster Cable seems to want atention.  Unless you create a word like Steven Colbert does (i.e. truthiness) I don't think you can copyright or trademark it.  I slept a lot in law school here.  Anyway, if Monster Cable designs a special alpahbet or look for MONSTER they can trademark that "look" and nail anyone else who uses it.  Otherwise THEY have to prove how the general public would confuse Monster Cable with Monster Mini-golf.  I ran into this doing research over the Dr. Shock bicycle and the horror host Dr. Shock.  If the bicycle company can prove that people would confuse a bicycle with a horror host then it would win.  However, it is expensive for a small company like the mini-golf to defend against these boneheads (not to confuse them with the Boneheads a youth gang).
    It's a screwed up system, but without it lawyers would starve.

depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #24 on: December 15, 2008, 03:54:42 PM »
New message from Monster Cable. Uhhhh .... I think maybe it's over .....  :-\  ???

Quote
Many of you have voiced your thoughts on the Monster Mini Golf suit.  Hopefully by now, you have read our explanation of the situation for a balanced viewpoint.  Those of you who have expressed support and understanding for the situation, thank you.  Those who did not understand the situation and now do, thanks for taking the time.  And for those who will be forever against Monster, we ask that you donít prejudge until you get to know the quality of our products and our people, and how hard they work to put out top performing products.

We have tried all along to get a resolution and settlement to this situation, before the lawsuit ever happened, and sought resolution during our mediation, but to no avail.

Please read the following public proposal to Monster Mini Golf as we take more actions in an effort to resolve this situation.  Iím sure that there will those who continue to tear us down and disparage us, but Iím sure that there are those of you who genuinely want to understand what is going on and see how there are two sides to every story.

Please visit monsterminigolftruth.com in the upcoming days. 

Monsterous Thanks,

Noel

Founder and CEO


Public Proposal to Monster Mini Golf

The internet has changed how companies like us can defend our brand and prevent the dilution of our trademarks by those who choose to infringe on them. By appealing to consumersí emotions using mis-information and distorted truths has created a different dynamic to patent and trademark protection. The sentiment of our customers wins over our rights to protect the brand. Monster Mini Golf is attempting to trademark ďMonsterĒ, Monster Mini Golf, and Monster Entertainment in areas that we already own, so we had no choice to file a lawsuit, or otherwise suffer dilution of our mark and potential loss of the mark itself.

Itís costly to sue anyone, no one wants to do it.  We have made many attempts to avoid this lawsuit by offering a simple and low cost license agreement that would allow us to protect our trademarks that we already own, and allow Monster Mini Golf to use the name for their business. They refused each time.

Through their attempts to disparage us as a greedy corporate bully, we have been wrongly portrayed as a company focused on squashing small business, when the opposite is true. We are also a small business, and have survived for 30 years.  This lawsuit admittedly has caused so much misguided ill will amongst our customers, that we have no choice but to give up on it, and along with it our rights to have a judge or jury decide this conflict. 

So we are publicly declaring;

1)     Monster has filed papers with the Federal Court to dismiss the lawsuit against Monster Mini Golf as of Friday, December 12, 2008. We will let the trademark office decide when they review their trademark application.

2)     Monster  will still own the trademarks granted by the trademark office for which we offer a license for the use of them to Monster Mini Golf for a minimal royalty of $100 per month per franchise.  Monster (us) will donate and match the royalty proceeds to the following charities that Monster has supported.

The Elf foundation; Creating Rooms of Magic:
http://www.elfsystems.org/partners.html

Seg4Vets:  Segways for disabled veterans

http://www.draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx

Monster Mini Golf will then have the ability to use and franchise the ďmonsterĒ trademark and continue with their business, and we will have continued protection. This will save thousands of dollars in attorneysí fees and the courtís time.  Everyone wins.

This lawsuit was never about the money, our requests were always minimal.  Itís about the protection of our trademarks.  Itís unfortunate for anyone who owns a trademark or patent, that the wrongful and disparaging remarks of a few can inhibit companies like ours from pursuing our right to legal process.

In this country, lawsuits are a method to resolve differences of opinion. The courts resolve disputes thousands of time each day. It is not always the bad guy suing the good guy.  Itís asking the court to hear the both sides and make a decision.  A judge or a jury determines ones right to trademark ownership.  We believe that we would win this case, or we never would have filed it.  This is far from a frivolous lawsuit, we have the prior trademarks to prove it.

For all of those who have supported us during this attack on our integrity, we thank you for your support. We apologize to everyone who may have been affected by our lawsuit with Monster Mini-Golf.  We apologize to our loyal customers who may have been negatively impacted and to our retailers whose customers may have been affected by mis-information.  We are sorry for all of the ill-will that has been generated on both sides.

For 30 years, we have prided ourselves on making the highest performance products in everything that we do.  We have millions of happy customers. With economic conditions as they are, we need to focus on our core business.  We will just keep producing the great high quality products for all to enjoy and hopefully Monster Mini Golf will get what they want one way or the other.

Thanks for lending your ear,

Noel Lee

The Head Monster

Founder and Owner of Monster


« Last Edit: December 15, 2008, 03:59:35 PM by depressedlarrytalbot »

Mike Scott

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #25 on: December 15, 2008, 04:20:33 PM »
This is far from a frivolous lawsuit, we have the prior trademarks to prove it.

Then prove it! Show us your TMs and the Monster Mini Golf marks that you say are infringing on your mark. I looked at both and they are nothing alike, except they both use the word "monster".
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Scary Terry

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #26 on: December 15, 2008, 04:49:19 PM »
There's no confusing power cables and a mini golf course.  Just as there's no confusing a power drink and a website devoted to job searches -- all called "Monster.  Monster Cable has nothing to worry about from Monster Mini-golf.

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #27 on: December 15, 2008, 05:43:23 PM »
Just as there's no confusing a power drink and a website devoted to job searches -- all called "Monster.

Those are two more companies that he sued (or threatened to sue) in the past. He also has 4 or 5 pending suits against entities like "Monster Daddy", so it ain't just the mini golf guys.
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depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #28 on: December 15, 2008, 10:33:34 PM »
Yeah, there's definitely a ring-hollow air to it. If it was so easy to compromise, back off, or whatever, why start at all. There's a lack of courage-of-convictions methinks. A righteously-aggrieved complainant would be more, well, righteous, and less snivelling. Perhaps this is a bluff called, and little more. Nor does it sound necessarily, finally over. But it appears to have abated for now.

depressedlarrytalbot

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Re: "Monster" copyright/trademark? Attn: attorneys!
« Reply #29 on: December 15, 2008, 10:57:36 PM »
Y'know, I take that back. Amidst all the benevolence, it reads to me like they're really making a not-yet-time-specific counter-offer that involves "philanthropy" when really, the correct course would be to JUST GO AWAY AND CEASE THIS FRIVOLOUS $h!T3 until such time as someone really merits it by actually infringeing on their patents, or their trademarks in their existing area of commerce. 

I mean,

Quote
Itís unfortunate for anyone who owns a trademark or patent, that the wrongful and disparaging remarks of a few can inhibit companies like ours from pursuing our right to legal process.

?

If this was straight up, the question is how COULD "wrongful and disparaging remarks of a few ... inhibit companies ... from pursuing our right to legal process"? Why would they back off?
Unless it was not much of a "right" to begin with.... just a big con-job. 
I now stand back from this. I can do and say no more, 'cos I am a non-legal lunkhead.


 

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