Penny Dreadful posted this on her MySpace page, and I thought it worth re-posting here. I think they mean to say "trademark" rather than "copyright" -- but whatever the case this is outrageous. The word "Monster" has been -- and IS being used - by all sort of companies, publications, websites (including THIS one) etc. For Monster Cable to claim they own it -- but only go after companies smaller than them is cause for alarm. The Monster Mini-Golf people need some financial help -- and I wonder if we have any attorneys among us who'd like to lend a hand in challenging this...?
Scary Terry
------------------------------------------------------------------------------------
Date: Dec 6, 2008 9:35 AM
Subject:
Copyrighting the word "Monster" ?!!
Body:
Monster Cables apparently likes suing anybody who uses the word "Monster" in their business. They especially like targeting smaller businesses.
Read on if you'd like to find out how to support local RI and MA chain Monster Mini-Golf...
I received this from my friend Otter:
It seems that Monster Cables, a manufacturer of audio & video cables for home & professional use, is suing the Mom & Pop chain from Rhode Island called Monster Mini-Golf, a children's indoor monster-themed mini-golf course for copyright infringement because they claim that they have the word "monster" copyrighted.
What Monster Cables is doing is suing the smaller companies to set a legal precedent to go after the larger companies who use the title "monster" in any way, shape or form. The ULTIMATE indignity is when I visited their website, they had a link on their page titled "Famous Monsters", showcasing celebrities & musicians who use their product! I immediately sent them an e-mail detailing my anger at their frivolous lawsuit and made a point that they were too cowardly to pursue that same lawsuit with larger corporations like Monster. Com or Pepsi-Cola, makers of Monster Energy Drinks.
**Below is more information from the founders of Monster Mini-Golf, and how you can support them.**
[[Hi Everyone,
Patrick & Christina Vitagliano (The founders of Monster Entertainment/Monster Mini Golf) here, with an update on how the lawsuit is going. As stated previously, we flew out to CA a few weeks back in an attempt to get both parties together with an impartial mediator, to try and garner an amicable settlement in lieu of going to trial. We did respectfully request that Noel Lee be present at mediation, since we all flew 3,500 miles to be there, and his office is only 45 minutes away but, as expected, he didn't show.
While we are not permitted to disclose ANY of the actual details of mediation, we are permitted to "officially" say that mediation failed. The two parties were much too far apart to find middle ground, and we are proceeding to trial.Before doing so, Christina (in one last effort to reach the elusive Mr. Lee on a "human" level) sent him a letter asking that he take a few minutes to speak face to face, without lawyers, and simply talk this out. She had requested a personal response by Thanksgiving. As expected, instead of responding personally, we got an email from Mr. Tognotti (Monster Cable's in-house counsel) who informed us that Mr. Lee was traveling, but we could speak with legal instead if we wished. We did not wish. While we didn't think it'd work, we just wanted to see if Noel Lee would step up to the plate, or hide behind his lawyers. He did the latter.
So now....it's on to trial!As you might expect, it's going to take an army to defeat these deep-pocketed bullies. But in the meantime what we are going to need here is a call to arms! To everyone in the audio community and beyond, anyone who has ever been bullied, strong armed, or otherwise taken advantage of to step up and say "Enough is Enough!" We'll need YOUR help to stop them, by making this their most PUBLIC fight yet! Anyone who has a blog, post, forum, website, facebook, myspace, etc.....or ANY other public forum.....WE NEED YOUR HELP! Please contact us directly at 401-454-8100, or from our website to get involved and help us spread the word. We need a huge public outcry behind us. Please contact us to help us get this thing some national attention!We will keep you updated as to the progress of this ridiculous and frivolous litigation. In the meantime, we thank you for your continued interest and support in this matter.
Sincerely, Christina and Patrick Vitagliano
Co-Founders of Monster Mini Golf
How Can you help?
If you'd like to get involved in stopping these monsters,
but cannot spare the dollar in these tough times...(believe us, we understand!)
there are LOTS of other ways to help....
Click this Link from from our Supporters at Audioholics!
and post away: http://www. audioholics. com/news/editorials/monster-call-to-arms
Most importantly....Write Noel Lee (owner of Monster Cable)
a letter telling him exactly how you feel about his company's strong-arm tactics,
and let him know how it might affect your decision to purchase his products.
Be professional and honest. Then, forward it to the staff at Monster Cable,
his in-house legal counsel David Tagnotti, and his attorney Mr. Payne.
These letters could also be sent to all of the major retailers that carry MC products. (Radio Shack, Circuit City, Best Buy, etc....) Perhaps it's time the retailers knew the public opinion of whom they are doing business with.
Finally, spread the word to as many like- minded people as you can, and encourage them to do the same. It's going to take a massive public outcry to get them to hear our tiny voice, but are in it to win it.
Thank You! -Patrick and Christina Vitagliano
Here is the contact info:
Monster Cable Products, Inc.
455 Valley Drive Brisbane, CA 94005
Phone: 415-840-2000
Noel Lee (or as he likes to be referred to) "Head Monster" nlee(*at*)monstercable.com
Robert Payne, Esquire rpayne(*at*)lgpatlaw.com
David Tognotti, (Noel Proudly describes him as the slimiest of all Slimy Lawyers!) dtognotti(*at*)monstercable.com or legal(*at*)monstercable.com
Irene Baran, Chief Operating Officer iebaran(*at*)monstercable.com
Taylor Norrish, Internet Marketing Group Manager tnorrish(*at*)monstercable.com
Press Contact: Charles Leib, PR Monster cleib(*at*)monstercable.com Phone: (602) 300-0900
Elizabeth Chidester, International Specialist echidester(*at*)monstercable.com
***Special Note:
Rumor has it that all of the emails were being returned by subject title!!
If your subject doesn't say Bully or ebay or fight, it seems to go through fine. Make the subject something like warrantyquestions or just question on product...etc
Some have asked if they can just donate $$ to our ever growing Attorney Bills instead of bidding on eBay (first of all THANKS!)]]
Here is the link to the post:
http://www.monsterminigolf.com/bully.html (http://www.monsterminigolf.com/bully.html)
That's absurd.
Here's their eBay auction to contribute to their legal fund.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250337251068 (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250337251068)
James Warren might find this interesting, seeing as how he has the trademark on Famous Monsters.
http://www.monstercable.com/famous/ (http://www.monstercable.com/famous/)
I see, so the word "Monster" simply didn't exist, wasn't in a dictionary, or even a word known to mankind before this cable company came along and invented it. And someone has to fight a lawsuit like this and go broke as a result? This is a new height in stupidity. ::)
What about Monsters from the Vault magazine. or are they safe because its Monsters plural and not Monster singular? ::)
Monster Cable is full of $H1T! You cannot copyright a word like "monster" and any judge who let's such a suit go to trial ought to be disbarred!
When I started my website they emailed me that I couldn't use the word because they owned it. I told them to stuff it and haven't heard from them since.
They just want their business to be the only thing that shows up in a Google search for "monster".
If they can c. "monster", then I'm going to c. "hamburger" and put all the fast food places out of business!
WOW, this is crazy. I bought a coupon on ebay, even though I won't use it. I'll never purchase Monster cables again. It's completely insane.
GHOD AND SWEET JEEBUS HOW I DESPISE THIS SORT OF CRAP ANYWHERE AND ANYTIME !!
If it's any encouragement, Toys R Us tried this a few years back and (I believe) failed. Though, they weren't targetting one business alone; they went for Mattresses R Us, We Be Toys N $hite, you name it, anyone resembling the 'formula'.
A buddy of mine who runs a shop called Comics R Us variously ignored their letters and told them to perform acts of self-incest upon their own persons. It blew over. Sounds like as a lone target though that Monster Mini Golf has a more focused problem to deal with.
I reckon Anton Phibes is onna ball here: James Warren is probably outside this because his property is "Monsters" plural. But it's a promising train of thought. Which corporation owns MONSTER IN MY POCKET for example? What about any promotion for Monster Trucks? Will an entire live entertainment genre redefine itself for this nonsense? Think not, but they'd have to be very interested in any precedent trying to set itself here.
This reminds me of tales of wretched time-wasters who try to copyright the alphabet or the word "the".
monster.com probably would have something to say about this... if the trademark is upheld, they would have to surrender their domain.
Quote from: Toy Ranch on December 06, 2008, 01:29:24 PM
That's absurd.
Here's their eBay auction to contribute to their legal fund.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250337251068 (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250337251068)
I sent them a contribution. I won't buy Monster cables anymore. This is the first I've heard about their litigiousness. A quick Google search confirms the information in this post and in the ebay auction. Monster cable must be run by real sleaze balls. I can understand them suing other audio companies that use the name monster, but not suing golf companies, entertainment companies, clothing stores, etc. They could have a real chilling effect on our hobby if they tried.
I "bought" some "coupons" too. Stupid Monster. Ridiculous. >:(
The golf people just sent me a nice email thanking me for my contribution.
Ridiculous! The case is simply without any kind of merit, and I have little doubt they would lose any case other than that against competitors in the audio buisness. That being said I'll be purchasing a coupon in support.
The monster mini golf looks cool!
http://monsterminigolf.com/ (http://monsterminigolf.com/)
I almost couldn't believe it when I first heard about this from a friend earlier today. Thanks for posting it here Terry.
~Penny~
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 (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
(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/industry-news/blue-jeans-strikes-back)
http://www.audioholics.com/news/editorials/blue-jeans-followup (http://www.audioholics.com/news/editorials/blue-jeans-followup)
http://www.freesoftwaremagazine.com/columns/interview_kurt_denke_man_who_shut_monster_cable_up
(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.
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.
Oh brother! How stupid! I suppose from now on we'll have to say "Horror challenged individuals"?
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.
Quote from: depressedlarrytalbot on December 12, 2008, 11:57:45 PM
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!
I wonder if Monster Energy Drink should be worried? ::)
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.
Quote from: depressedlarrytalbot on December 14, 2008, 03:35:34 AM
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.
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.
New message from Monster Cable. Uhhhh .... I think maybe it's over ..... :-\ ???
QuoteMany 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 don't 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. I'm sure that there will those who continue to tear us down and disparage us, but I'm 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 consumers' 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 "Monster", 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.
It's 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 (http://www.elfsystems.org/partners.html)
Seg4Vets: Segways for disabled veterans
http://www.draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx (http://www.draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx)
Monster Mini Golf will then have the ability to use and franchise the "monster" trademark and continue with their business, and we will have continued protection. This will save thousands of dollars in attorneys' fees and the court's time. Everyone wins.
This lawsuit was never about the money, our requests were always minimal. It's about the protection of our trademarks. It's 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. It's 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
Quote from: depressedlarrytalbot on December 15, 2008, 03:54:42 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".
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.
Quote from: Scary Terry on December 15, 2008, 04:49:19 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.
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.
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,
QuoteIt's 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.
It is interesting that they are picking on people who have little means to defend themselves, because normally a counter action of filing a frivilous lawsuit would be lodged against Monster Cable. But that takes time and money despite the record of victims Monster Cable has gone after.
The irony of the whole thing is that coupon that you get when you bid on their auctions. "Super Friend"? Silhouettes of Batman, Superman, etc... towering above the Hall of Justice? WTF? It's like their just asking for trouble now...lol..
Quote from: NekroDave on December 18, 2008, 11:36:31 AM
Silhouettes of Batman, Superman, etc... towering above the Hall of Justice? WTF? It's like their just asking for trouble now...lol..
If they're silhouettes, that would be alright, but if you see the costume colors, insignias, etc., then not too swift.
Famous Monsters .... Super Friends ....
I'm sure DC Comics and Warner have a live trademark on Super Friends, in fact there is a comic DC publish right now.
Say wouldn't it be something if DC/Warners were able to give them a taste of their own. Pity an eBay user handle probably wouldn' rate same, but, HYPOCRITICAL MUCH ??