Re: Monster Cable or Monster Litigator?

On 23 Dec 2008, "Arny Krueger" <arnyk@xxxxxxxxxx> wrote in
rec.audio.pro:

Monster Cable or Monster Litigator? Just one of those curious
things that people we know from the audio business are doing for
fun and profit.

If you click on

http://ttabvue.uspto.gov/ttabvue/v?qt=adv&pno=&qs=monster+cable+pro
ducts

you will see the recent history of Trademark litigation for the
plaintiff named Monster Cable Products, Inc. The list goes on for
5 or more pages.

I remember this issue coming up in 2005 when the Denver Post reported
that Monster Cable was suing a company called Snow Monsters, which
seems to run a web site for kid skiers (http://www.snowmonsters.com/).
I don't see any reference to the case on their site any more. But I
sent a complaint to Monster Cable at the time, and I got this form
letter back. The guy from Snow Monsters also published a retraction,
which I'll include at the bottom of this message.

So, what do you think? Is Monster Cable blowing smoke out their ass, or
are they just misunderstood?

=================

Monster Wrongfully Accused:
A Note from Noel Lee, CEO of Monster Cable Products.

There have been a lot of rumors, misinformation, and false accusations
spread on the web about Monster Cable and its trademark and brand
protection efforts. We have been wrongfully accused of suing any
company using the "Monster" name, and as being a "corporate bully."

Anyone who knows our company, or me personally, knows that we are not
that kind of company, and I am not that kind of person. The
information out there is categorically untrue.

Being a champion of the entrepreneur, and having started Monster in a
garage with no money myself, I would be the last person to want to stop
someone who had a legitimate right to use a trade name for their
business. Those who know me and have met me, know that we have built a
fantastic company from nothing through sheer hard work and a lot of
sweat equity. You can check out our story at:
http://monstercable.com/company_info/ and
http://www.monsterparksf.com/info/WhoIsMonster.asp

I have even spoken at several colleges about how to become an
entrepreneur, and value these opportunities. In fact, my parents were
on one of the last boats out of China during its civil war. I truly
have lived the American dream, and I am not going to prevent others
from achieving it. I feel fortunate to have been born an American.

Some of the negative press you have read may have started with some
newspaper articles that have mistaken information in them, or others
who have found this opportunity to spread negative press for their own
agendas.

Snow Monsters mistakenly portrayed that our objection to their attempt
to register trademarks was a lawsuit, which isn't true. We have not
sued Snow Monsters. We would not try to harm a company whose focus is
on ski education programs and products for children. They will be
issuing a clarification on their web site in a few days.

In fact, Monster is a big supporter of programs for children. You can
see what we have recently done with kids at Monster Park.
http://www.monsterparksf.com/fun/Photos.asp. The videos with Yomi
Agunbiade, director of Recreation and Parks, that is up on our web site
shows our compassion for kids at the opening of Monster Park.
http://www.monsterparksf.com/fun/Movies.asp?MovieName=MCP04tailgate_12M
B

Before you form any negative impressions of my company or how I have
directed it, permit me to straighten out some of the misconceptions.

1) We do not have any trademark infringement lawsuits pending, and we
do not object or take action against businesses just because they sell
products that have "Monster" in their names. If we did, we would never
be able to run our business, not to mention the financial burden would
crush us. We have better things to do than spend this kind of money
and time.

2) There are over 1,100 registered "Monster" trademarks in the U.S.
Patent and Trademark office, and probably hundreds more that are
unregistered. We are not suing them or taking any action against them
and did not do so when they filed the tradmarks. These marks have been
allowed by the Trademark Office, just as our 50+ marks in the various
classes listed below. Unless they interfere with any of these marks or
dilute the "Monster" brand, we don't object.

3) We have not sued or filed actions against the hundreds of companies
that are using the word Monster. So if anyone is representing this to
you, they are not right and should be corrected.

What I think has happened, is people are misinterpreting the U.S.
Patent and Trademark office's database. When you do a search on the
USPTO database for Monster, it brings up a bunch of records dating back
to 1983; like a Google search does. It appears people are seeing the
search results and assuming they are lawsuits. They are not lawsuits.

In fact, most of the search results are duplicate listings or merely
requests for 60 day extensions (which allow us to do further
investigation to see if there are any potential conflicts). The
database shows Monster has opposed about 80 trademarks over the last
twenty five years. That's about 4 trademark oppositions a year, which
isn't very many for a company that has over 50+ Monster trademarks and
is a famous brand.

4) Trademark registrations and trademark oppositions are decided by
the U.S. Patent and Trademark Office, not us. Even if we do object to
a particular filing to register a trademark, it is the Trademark office
that determines if the business or person filing for the trademark
registration is entitled to it, NOT US.

5) Our examination and investigation of businesses filing trademarks
with our name Monster is normal processes for any company having a
trademark that they want to protect. We know we don't own the word
Monster; however like any other trademark holder we do have the right
and need to protect our Monster brand when it is in danger of being
diluted, tarnished, or infringed.

6) The federal trademark law says that we are required to police our
marks and enforce them or we will lose them, or risk weakening them.
We didn't make these rules. Congress and years of Supreme Court
rulings have determined the rules of the game. This type of protection
is authorized by federal and state statutes (referred to as anti-
dilution laws) designed to prevent the weakening of a famous mark's
reputation. For more information, you may want to check out: Nolo
Press
(http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/E24CD50D-14DE-
4364-AC615684D93E6CBE/catID/D8932879-DC34-43DF-
BF65FC92D55FEE5D#18C5EF1D-16AD-4F2A-B7EF7D691972BE58)

7) Anyone can use a trademark without having the trademark registered
in the U.S. Patent and Trademark office, as long as it doesn't infringe
or dilute someone else's trademark. This is referred to as a common
law trademark. There are many trademarks that exist under common law
rights.

In the case of Snow Monsters, we have NEVER sued them, and we are not
trying to harm their company. I think that their products are great and
don't cause us any problems, I have written them and told them so.
They are also using the word "monster" for characters, not as a brand,
which is how we use Monster. Please, see the list of our trademarks
below that I have provided for you.

8) I hate frivolous lawsuits as much as the next person, and would
never engage in a lawsuit that was frivolous. They are a waste of the
public's money, and the time of the parties involved. In fact, the
courts do not allow "frivolous" lawsuits to proceed. The courts have
procedural safeguards to eliminate frivolous lawsuits, as well as
penalties (like Rule 11) that can be levied against attorneys and
parties who bring such suits. We have never been accused by a court of
filing frivolous lawsuits.

9) The newspaper articles and other rumors that said we sued the
Chicago Bears, Boston Red Sox, Fenway Park, or a Cajun restaurant are
all untrue. We have NEVER filed any lawsuits or other actions against
them. Don't just take our word for it, do a search of the court
records, and the USPTO database, and we can guarantee that you will
find that we have not sued (or even filed trademark oppositions)
against these companies.

10) There are millions of Monster fans who love our company and love
our products. My passion for the products and unrelenting drive to
innovate and create the highest quality products is well known in the
industry and with consumers. Where most companies find out how to take
quality out of something to reduce costs, we find how we can "improve"
products and make them the best of class. That's why our customers
love Monster products.

I am very sad indeed to see misinformation out there as it wrongfully
portrays the company to be a corporate bully, when nothing could be
further from the truth.

If anyone wants to talk with me about this, or if this email does not
answer your questions, please email me at monsterinfo@xxxxxxxxxxxxxxxxx
Although I may not get back to you immediately since I am currently on
travel, I will get back to you.

In the meantime, I ask everyone not to prejudge until you know all of
the facts. Hope this clears things up for you. We merely want to
protect the trademarks that it has taken me 25 years of hard work to
build.If anyone else is under a wrong impression about our intention
otherwise, please feel free to pass this on.

Monsterously yours,

Noel Lee
The Head Monster



Here is the list of our registered Monster trademarks. We have many
more that are pending registration.

Class 6: Electronic Cables and Wires
Monster Cable

Class 9: Consumer Electronics

In class 9 we have the following registered trademarks, some which date
back as far as 1978:

Monster
Monster Cable
Monster Power
Monster Music
Monster Batteries
Monster Car Audio
Monster Central
Monster Computer
Monster Internet
Monster Digital
Monster Game
Monster Home Theatre
Monster Lock
Monster Microphone
Monster Mobile
Monster Mounts
Monster Multimedia
Monster Networking
Monster Satellite
Monster Sport
Monster Standard
Monster Tips
Monster USB
Monster Wire America

Class 16: Consumer Electronics
Monster
Monster Connection

Class 18: Leather Bags and Apparel
Monster Design

Class 25: Clothing and Apparel

In Class 25, we have the following registered trademarks, some which
date back over 15 years:

I Am A Monster
Monster
Monster Attitude
Monster Design
Monster Sport

Class 35: Advertising and Marketing Services
eMonster
iMonster
Monster Bucks
Monsterbook
Monsterguide

Class 36: Financial Services
Monstermoney

Class 41: Entertainment, Educational and Training Services
Monster Music
Monster Style

Class 42: Research and Development Services
Monster Music
Monsterlinks


=============================

Here's Snow Monster's retraction
(http://tinyurl.com/SnowMonsterRetraction)


10 January 2005
Letter from Jack Turner

Noel Lee, the founder and president of Monster Cable and I have been in
serious but cordial discussions over the last several weeks only to
discover that we have mutual interests, goals, and respect for each
other's work.

At the same time, we are both ardent defenders of our companies,
trademarks, and our pride. After all, you have to be a spirited person
(some would say crazy) to be an entrepreneur in the first place - even
crazier to start companies like Monster Cable and Snow Monsters.

Noel and I are in agreement that there is no conflict or ill-will
between Snow Monsters and Monster Cable Products - none whatsoever.

Any statements or feelings that I have expressed in the past, whether
on our websites, printed correspondence, or email are resolved in a
fair and honorable manner by both parties. Everyone in my family feels
this way and wants you to know that:

1. Snow Monsters is not responsible, nor do we condone, any
information published by other persons that is untrue or misleading. I
learned that we may have posted links to online information that is not
accurate.

2. I don't have any knowledge, nor have I ever claimed that Monster
Cable has filed lawsuits against hundreds of companies or filed
frivolous lawsuits. Rumors about suing the Chicago Bears, the Red Sox,
or Fenway Park are simply false.

3. The database people have referred to is a list of trademark
oppositions and requests for extensions. Trademark objection is a
normal process for trademark owners. It is the Patent and Trademark
office that decides if the trademark is allowed. Snow Monsters and
Monster Cable will be protecting and policing our marks, or we will be
in danger of losing them.

4. And Monster Cable never sued us. We filed a complaint in Federal
Court against Monster Cable and have since withdrawn it. Please
research information and check facts before jumping to any conclusions
about Monster Cable. Our primary concern is to spread the truth - not
cloud it.

Thanks very much to all fans of Snow Monsters. This letter will be sent
to as many of our friends as possible in hopes of clearing up the
situation. I ask that you do the same. And please...Think Snow!

jack

Jack Turner, President
email: truthATsnowmonsters.com
.

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