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Monster Cable suing "Monster Mini Golf"!
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#61
11th December 2008
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Quote:
Originally Posted by KEN1 View Post
Monster cable responded to my email.Here is the email:
It would be good to get a reply here from Monster Mini Golf on this.
#62
11th December 2008
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Well Im not really well informed in this area of company trademarks there are a few things in Monster Cables reply that caught my attention. expecially as someone who has worked for Xerox (one of the companys mentiond).

Firstly Monster Cables did not invent the word Monster unlike Kleenex, Xerox, Asprin etc.

If I remember corectly Xerox Corperation trademarked the name Xerox around 1940. The patent attourny was Chester Carlson who invented the Photocopier.
Now someone may be able to help me here but the law at the time allowed Xerox Corperation to hold the patent for 20 years untill other companies could replicate the design. A good thing for competition and allowing Xerox to capitalise on it's investment.

Also I belive what Monster Corperation may be more so aluding to is the use of the name Xerox, Kleenex or Asprin.
These names are in common use such as when someone want's to photocopy something they will ask to have it Xerox'd or if they have a runny nose they say ' Get me a Kleenex"
I guess there advertising worked too well.
Trademark Battles

Problem with the Monster argument is that Monster Cables didn't invent the word Monster. Also the issues companies like Xerox and Kleenex are facing is not due to other companies using these trademarks in there company name but morse keeping there Trademarked name credited propperly in the dictionary.
#63
11th December 2008
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ALSO.

Cadbury Chocholate tried to sue Darell Lea for the use if it's colour purple.
Luckly the judge saw this to be just as ridiculous as you or me. They lost on appeal.

I think that many companies are just driven to the courts by fear. Is anyone realy going to be confused because two candy wrappers are the same colour. Or that someone may bring Moster Golf Clubs to a Monster Mini Golf range.

Plleeeeeeeeese.

My tip would be loose the Lawyers and gain back the good reputation.
#64
11th December 2008
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Response

And a response you shall have.
In an effort to not take up 16 pages, I'll respond section by section......Starting with this one.........
"
1) Monster Mini Golf Misconceptions;
Monster Mini Golf would like to disguise themselves as a small Mom and Pop
business, but they are in fact a national organization selling franchises with the
Monster trademark. They currently have 24 franchise locations across 10 states
stretching from California to New Jersey. They have filed for several “Monster”
marks, including “MONSTER” by itself , MONSTER MINI GOLF, MONSTER
FAMILY ENTERTAINMENT CENTERS and MONSTR MINI GOLF in an area of
business where we have established trademarks awarded by the United States Patent
and Trademark office. They charge franchise and set up fees upwards of $200,000,
part of which is the licensing of the name “Monster:” to all of those franchises. Check
their website Franchise Cost Breakdown

Four Years ago, my wife Christina came up with the idea for an indoor, glow in the dark, mini golf concept. We had no money, and we were renting warehouse space in a run-down decrepit old mill-building. She came up with "monsters" as a theme, since most people thought the old mill was more like a haunted house than a viable retail space. Further, without any money to purchase props and such, the "monster" theme allowed a lot of creative freedom as we literally MADE all of our original monster props out of paper mache', with our own two hands.
When our little idea started to take off, we decided that we needed to expand it, before someone else with deep pockets stole the idea and got rich off of it. We looked into franchising, but found that it cost around $130,000. (give or take) to build a legal franchise program. We found a company that believed in the strength of our little concept enough to accept a payment plan of $5,000. per month. We gave up our apartment to save money, and slept on the floor of our mini golf course for about a year in order to honor that payment plan.
Anyway, We became licensed (by the FTC) to offer franchises in the US in October of 2005, and to date, have sold 22 of them, and opened 17 so far. To date, niether Christina or I have taken a paycheck, as every penny still needs to be invested in this still-new business. Further, while Christina and I have graduated from sleeping on the floor of our original store to save money, we still do not (and cannot afford to) own a home. We rent an apartment next door to where we rent our franchise office. Our staff is very small, only 5 people work in the franchise office, right alongside us. They all have our cel phone numbers, and can call us 24-7. We remain as mom and pop as it gets.
As for our franchisees, they are ALL mom and pops who have invested their life savings into building and opening their stores. Our franchise fee is $30,000. and the majority of that gets eaten up traveling back and forth dozens of times as we personally assist the franchisee through every step of the process from site selection, to zoning meetings, to lease negotiations, to build out, including personally attending each and every grand opening.
The majority of the "set-up" fees MC refers to in their response, go to third party contractors, builders, monster makers, architects, etc.....
We recently started a company called "Twisted Toybox", and that company now builds and installs what we call the "Phase II buildout package". Twisted Toybox charges a flat fee of $165,000. for the design, fabrication, and installation of that package. It takes roughly 6 months from start to finish, and it costs us an average of $148,000-$151,000 to get it done, including travel. Our modest $15,000. profit margin helps pay for the warehouse, 1 box truck, tool maintenance/wear & tear, and variuos insurances. To date, Twisted Toybox is still in the red, showing a loss to date, but we hope to get into the black by the end of 2009.
That is the truth, the whole truth, and nothing but the truth about our little MOM & POP operation. If it weren't for this lawsuit, Christina and I might have been able to put a downpayment on our first house in 2009, but it looks like we will remain renters for the time being.
Noel Lee owns more than one home. It is rumored that his lavish CA residence also houses his impressive collection of lamborghini's, bentleys, and other extravagant high-end sports cars. We hear he has 53 in all.
I'll be up for the rest of the night responding to each and every one of the falacies that MC has spewed in this letter.
Sincerely,
-Patrick Vitagliano
Stay tuned for the next post!

#65
11th December 2008
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I was waiting for bullet point number three in the response... I figured it would be number one. That is the lawyer battle cry I always hear in these types of cases. They are obligated or could lose their mark.....

Monster Mints. Monster Power. Monster Game. Monster ScreenClean. Monster
Performance Car. Monster Music. Monster Pro. Monster Central. or Monster Sport.
The name “Monster” are registered trademarks owned by us in the categories of
electronics, music, games, food product, entertainment, cleaning products. The list of
all of Monster’s current marks that we have to defend are listed below. More facts. 30
years ago, the Patent and Trademark office granted Noel Lee the name “Monster”,
exclusive of the name “cable”. Although we tried to trademark Monster Cable it was
not permitted.


I wonder why the P and T office would trademark the word "Monster" but not "cable" as their is nothing unique about either?
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#66
11th December 2008
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monster is a little late to the game of inventing or even reinventing cables. theyre just FREAKIN CABLES! and MONSTER is not the first company i think of when i think of wires. i have some monster cables and they have been good cables.

i think whoever is in charge of these bullshit lawsuits at monster has no idea what they are doing, and i would wager to say that the guy that runs monster cables is nothing but a "businessman" and knows nothing about the cables or probably even audio. just a crook with some money (probably inherited) that makes his living riding the line between legal/illegal, ethical/unethical. all of that aside, he is alienating his customer base. youll be hard pressed to find a studio employee or musican that is not familiar with Monster's legal crybabying.

i have had not one problem with the monster cables i own, but i will never purchase a monster product again because of these lawsuits.

Monster is a crazy generic name anyway. I mean really are they ****ing insane??

Imagine if SHARP went and tried to pull everything that had sharp in the name. Or SSL went and tried to sue so and so over the use of "server side logic."
#67
11th December 2008
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Part 2

I will comment briefly on the next paragragh, but I'll keep it brief, and try to relegate my responses to dispelling the falsehoods that MC has spewed as "truth" in their 16 page response to you, which if I had to guess is going to be the new "stock" response everyone receives from MC from now on in this matter. But, this one is worth commenting on....

2) Monster Cable as been awarded many marks by the Patent and Trademark
office that we have to protect that go far beyond cables.
Many may think that we are only Monster Cable. Over the past 30 years we do
business with many Monster marks. We have been awarded 100 registered Monster
trademarks in 12 different classes by the Patent and Trademark office, most of which
are used with products with smaller sales than Monster Cable, but this doesn’t mean
we don’t have the rights to them or the obligation to protect those rights. All of these
trademarks predate Monster Mini Golf’s application for trademark, which has not yet
been granted. These are our
Monster trademarks.
Monster Mints. Monster Power. Monster Game. Monster ScreenClean. Monster
Performance Car. Monster Music. Monster Pro. Monster Central. or Monster Sport.
The name “Monster” are registered trademarks owned by us in the categories of
electronics, music, games, food product, entertainment, cleaning products. The list of
all of Monster’s current marks that we have to defend are listed below. More facts. 30
years ago, the Patent and Trademark office granted Noel Lee the name “Monster”,
exclusive of the name “cable”. Although we tried to trademark Monster Cable it was

not permitted."

For the most part, this paragragh to our knowledge is true. Sadly, many of the myriad of marks that they do indeed own free and clear, were marks that were started by other hardworking folks who were forced into "license agreements" when faced with ongoing and expensive litigation.
Case in point.....(While I am not permitted to discuss the specifics of our "mediation" with MC, I will relegate this comment strictly to the extortive "Settlement Offer" that MC attempted to pass off as "Fair", before we went into mediation.......)
We would sign our name over to them, pay them $80,000 in back royalty for using the word Monster to date, and an additional $3,000. off the top of each franchise sold from now until eternity, as a "royalty" for the continued use of the name which they would now own, because we had just signed it over to them.
Had we taken this ungreased fist of an offer, they'd be able to add this name to their ever growing stable of Monster marks that they DO indeed own, they just fail to mention that they were not the original owners of many of these names, just the bullies that took them.
It's kind of like, if I push you down on the playground and make you give me your lunch money, it is now officially MY lunch money.
-Patrick Vitagliano
More to come...Stay Tuned!
#68
11th December 2008
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OK, now to 3,& 4....

"3) Monster is obligated to defend its marks or risk losing them."

4) Monster must defend its marks just as other well respected companies have
done so.

This is a fact, and if there were actually a likelihood of confusion, I'd be on their side. Unfortunately, they are "bending" this true statement to suit their needs in this case.
They claim there is a likelihood of confusion, and that is their opinion and their right. We claim there is not, and that is our opinion and our right. Ultimately, a judge will decide. Stay tuned.....
-Patrick Vitagliano


#69
11th December 2008
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And on we go....

"5) Wrongful accusations made by Monster Mini Golf.
We have never sued the Chicago Bears. We have not filed 400 lawsuits. We do not
pick on small business, as we are also a small business. We don’t like lawsuits any
more than any other company, and don’t like spending money on attorneys, especially
considering the current economy."

Ya got me here. They are correct in that they haven't "Sued" over 400 companies. The correct term for what they have done is "Opposed" them, not sued them, and that was enough for the majority of them to have backed down and surrendered their names voluntarily, avoiding the ugly and expensive suits, which are reserved for a much smaller group of people who don't back down.
So yes, it's true, "Opposed" would be the accurate term. Want to see the list? Get your reading glasses on, it's a LONG one. Click the following link for details straight from the USPTO's website detailing case for case, ALL of the companies that MC has......"Opposed", is it fair to say the USPTO's list is accurate, and not a "wrongful accusation"?
(Enjoy it!)
-Patrick Vitagliano

USPTO TTABVUE. Trademark Trial and Appeal Board Inquiry System
#70
11th December 2008
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Let's tackle number 6, shall we?

"6) We want to end this lawsuit as much as anyone.
We have made many overtures of a very very inexpensive licensing arrangement to
Monster Mini Golf which would allow them to use the name, while at the same time
keep our trademark rights intact. They refused, so we had no option but to file a
lawsuit. Monster Mini Golf can easily avoid the costs of a lawsuit, and save everyone
time and money if they would license the mark at very little cost to them, and a
fraction of the cost of a lawsuit. They already charge their franchisees for the license,
so it would be already built in to the price. We are working with their attorneys to try
to settle this to everyone’s satisfaction."

I wholeheartedly believe MC when they say they want to end it as much as anyone. Arguably, MORE than anyone, as the massive outpouring of letters that I've seen, documenting their customer base jumping ship in droves has GOT to have a dollar value to it, right? (And I only speak of the ones that the authors were kind enough to send us) Of course they want it to end, as it appears (as a wise man once said) that they've "Stepped in Shit".
As for the offers that they describe as "at very little cost" to us, I talked about that earlier, and don't need to go down that road again, but I will say this........Hypothetically, even if they offered "No Cost" license agreement, the fundemental problem is not the cost, it's the LICENSE AGREEMENT! HELLO????? Are we glossing over the fact that it has to start with US signing over OUR name to you????
THE USPTO GRANTED OUR MARKS, because THEY felt that there was no likelihood of confusion between us, and the 400(plus or minus) other "Monster" marks in use in commerce already, regardless of ownership. Yes, that's right, they granted our marks. YOU opposed them, and have been doing so for over a year, and when we didn't cave, you filed suit.
We shall defend to the death, as we believe that fundamentally, the USPTO would not have granted our marks in the first place if there were indeed a "Likelihood of confusion".
You say you "Want to end this lawsuit as much as anyone", it's quite simple, end it. Let us not forget, YOU are attacking, WE are defending. It's easy for the attacker to suggest that his prey simply stop defending themselves, but that's a bit lopsided. You hold all the cards here. You want it to end? Stop attacking.
Amen.
-Patrick Vitagliano
Stay tuned boys and girls......More to come!


#71
11th December 2008
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Theres no real substance to this post, I suppose but I'm just curious MonsterMiniGolf..... Have you spoken at all with the Blue Jeans cable guy? His run-in with Monster is kind of legendary around here.


EDIT: Just went back and re-read his letter to Monster. That guy is awesome.

"Not only am I unintimidated by litigation; I sometimes rather miss it."

He's an ex-lawyer that misses his profession and has a personal beef with Monster..... might be worth a phone call!
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#72
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And that brings us to number 7....


"7) Corporate Bully


"It’s important to note that we are not some gigantic corporate bully as portrayed. We
are also a small company with a great culture, still family owned with 500 employees
in Brisbane California. We are not a public company with deep pockets. It’s not
inconceivable that Monster Mini Golf could exceed the reach of Monster Cable with
the trademark of Monster. You can come to our web site to meet the Monsters,
Monster Cable® Products, Makers of High-Definition Multimedia (HDMI) Cables, Video Cables, and Audio Cables for Home Theater.


.

Below is a more thorough explanation with lots more details, but we thought that it
was necessary for us to explain the entire picture before anyone passes judgment on


our company or our actions."

It's funny, but in four years, the entire combined gross income of all of our companies combined totalled around 1.6 million dollars, which is an average of around $400,000. per year gross. (Net profit is another story all together, and is MUCH less, and mostly reinvested)
Yet, in item 1, (remember item 1?) Noel tried to convince you that WE were NOT a mom & pop, but a national corporate entity, selling franchises coast to coast, blablabla.....
Now, just a few pages later, flipflops, and tries to convince you that his (rumored) $400 MILLION dollar per year company is actually the harmless mom & pop entity.
Let's take a moment to reflect on this shall we? $400,000,000.00 is rumored to be your companies annual gross, (Noel, can you please confirm or deny this rumor?) which is roughly 1,000 times our annual gross.
We've seen arial photos of what is rumored to be your sprawling CA estate, we rent an apartment.
You are rumored to have a collection of 53 exotic sportscars, some which cost more than the average home, we drive a 2005 escalade, which we bought used, and have a 6yr note on. We love it, and will continue to make our payments.
You spend an enormous amount of money each year on "Legal" expenses, opposing smaller companies and forcing them into settlement, have an IN-House legal department, and while you may not have "Sued" 400 companies, you have sued some, and you are currently suing us. We have never sued anyone. Ever. In fact, the most we've ever spent on legal, is what we have been forced to spend fending off your vicious attack.
Diana Ross is playing your private party this year. (Like all mom & pops, right?)
So before you tell the world that you are not a "deep pocketed" company, or try to pass yourselves off as a loving, caring, family organization, (while simultaneously trying to paint US as corporate giants) please take a long hard look in the mirror, and at your lifestyle as it compares to ours.
You should be proud of the empire you've built. You don't need to take the one we are attempting to build. We truly don't know how you sleep at night, but I'm glad that the general public will have the chance to read both sides and make their decisions about our respective companies.
Good evening sir.
-Patrick Vitagliano

#73
11th December 2008
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So there you have it, our personal responses to all seven of their positions. Now, both sides of the story is officially out there for all to see.
Once again, we thank all of you for your time, support, and interest in this matter, it is greatly appreciated.
-Patrick Vitagliano
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#75
11th December 2008
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The Disney response is just beautiful. Exercising the letter of the law and giving anyone else in a similar predicament a road map for the journey. I am about to upgrade 4 video edit suites and a mix room, including re-wiring, routing switchers and a host of A/V units.... no Monster Cable for me.

Monster Cable, if you're reading, leave it be. Just because you can be a jerk doesn't mean you should. People don't forget this sort of stuff.
#76
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Once again, it looks like the "head Monster" has stepped on his schwank. Now that he is tangling with someone who is point by point blowing his shiznit out of the water, I am losing even more respect for this company. There are lawsuits and "oppositions" I was not aware of that make Monster look even more petty. This does not look like protecting the trademark but more like another revenue stream to keep gas in the Bentley to me and my not legally trained mind.

Does anyone know how the Blue-Jean cable thing worked out? I hope we all don't get sued for typing the word "Monster" in this thread...
#77
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If anyone is deserving of the name "Monster"... it's them all right.
#78
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Monster

I almost forgot to point out what could be the creepiest part of Noel's 16 page personal response......where he signs the letter,
"Monstrously Yours",
Noel Lee
I looked up the word Monster in the dictionary, and among other things, here is a cut and paste of some of the definitions I found....
freak: a person or animal that is markedly unusual or deformed
a cruel wicked and inhuman person
(medicine) a grossly malformed and usually nonviable fetus
We use the word Monster descriptively, to describe the hideous beasts that inhabit our facilities.
Noel (The self titled "Head Monster") uses the word......to describe himself.
Does this strike anyone else as some sort of self-fulfilling prophecy?
-Patrick Vitagliano
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Quote:
Originally Posted by Crash View Post
This does not look like protecting the trademark but more like another revenue stream to keep gas in the Bentley to me and my not legally trained mind.
WOW...
#80
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Sick of it

It is very rare to find something that crosses cultural and political boundaries to unite people. The one positive thing about this lawsuit is that no matter where people are from and what religious or political belief system people subscribe to, it seems that EVERYONE agrees that this lawsuit is a waste of time and utterly ridiculous. EVERYONE agrees that Monster Cable is taking advantage of the legal system. EVERYONE agrees that Monster Cable is using its money and “power” to push people around. That is, everyone with the exception of Noel Lee and his minions. Only they agree with what they are doing. Well, we will not stand for it! You will not stand for it! This is just the tip of the iceberg. Noel Lee said that they have to pick and choose their battles. He picked and chose too many. Now all of us are sick of it! So thank you Mr. Lee for uniting all of us to stand up for everyone who was ever picked on, bullied, taken advantage of and whatever else. Thank you for being the example of THAT bully we can ALL stand up against.
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I have 3 monster cables in my studio... I think I'm going dump them in my next bonfire for I fear their bad karma may be stinking up my place...

I wonder how much money they make off of other people's hard work by 'licensing' the name 'Monster' vs. actually selling their product. What a sad world lawyers can create...tutttutt
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#82
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If there is any interest on the behalf of the people here or MonsterMiniGolf, I would be willing to take a stack of letters to the Monster Cable NAMM booth in January written by would-be customers. Nothing would be more satisfying than dropping a couple hundred letters addressed to Monster cable.... I'm sure the press would even be interested in filming something like that. It seems if this gets elevated enough and goes viral Monster Cable will have to realize their behavior will cost them more...
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#83
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olivia_nb, would you also consider taking all our monster cables and chopping em into parts and deliver those to the booth with a formal "Boycott" ??

A boycott would be really easy because it can be edited into Wikipedia!
Boycott Monster Cable! Justice for Workers Now!

From how I take it if you buy their products you are hampering free speech.

Chilling effect (term - Wikipedia, the free encyclopedia)


A chilling effect is a term in law and communication which describes a situation where speech or conduct is suppressed by fear of penalization at the interests of an individual or group. It may prompt self-censorship and therefore hamper free speech. Since many attacks rely on libel law, the term libel chill is also often used
#84
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Namm

Olivia,
That's a creative, new approach to this multi-faceted battle. If you need copies of the letters that we were copied on, contact us at patrick@monsterminigolf.com to open up a dialogue.
Thanks!
-Patrick
#85
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$80,000... wow... that's like 1000 gearslutz buying $80 worth of Monster Cable...

There's no way they're going to make lose that much in sales, so they're still coming out ahead.

This has got to go viral... anybody here a big digg user with lots of friends that we could get to digg this to the front page?
#86
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Having read both Mr. Lee's document and Monster Mini Golf's posts I agree that MC's case would be founded if the products/services offered by either company were similar.

They are obviously not similar.
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#87
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Quote:
Originally Posted by drumzealot View Post
Having read both Mr. Lee's document and Monster Mini Golf's posts I agree that MC's case would be founded if the products/services offered by either company were similar.

They are obviously not similar.
not even in the same dimension.
#88
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Monster Truth

[top]Thanks for your viewpoint. Given the limited information that you have, I don’t blame you for being upset, but what you’ve read or been told is not the whole story. There have been many false accusations and much misinformation spread by the Monster Mini Golf. One also needs to consider all of information in order to get a balanced viewpoint.


1) Monster Mini Golf Misconceptions:
Monster Mini Golf is by no means a small Mom-and-Pop business. In fact it is a national organization selling franchises with the Monster trademark. The company currently has 24 franchise locations across 10 states stretching from California to New Jersey. Under the name Monster Mini Golf, the company has filed for several “Monster” marks, including “MONSTER” by itself, MONSTER MINI GOLF, MONSTER FAMILY ENTERTAINMENT CENTERS and MONSTER MINI GOLF. These are all areas of business where we have established trademarks awarded by the United States Patent and Trademark office. The company charges franchise and set up fees upwards of $200,000, part of which is the licensing of the name “Monster:”, which they do not own, to all of those franchises. The trademark office has not issued them the Monster mark.

Check their website: http://www.monsterminigolf.com/cost_breakdown.html

Monster Mini Golf’s is not the small business they make themselves out to be. The owners want to continue to expand their business and use of the “Monster” trademark. “I would like to be known as the best franchise to own,” Vitagliano says. “… I want to be the Universal Studios or Disney World of mini-golf. I always want to stand in a class of our own. I want our brand to become a household name so that people across the country know Monster Mini Golf.” (see: http://www.pr.com/press-release/70857 ) With such wide distribution intentions, they will dilute our Monster trademark to an extent to where we cannot enforce it.
I believe that they are using your sympathy to their own gains to obtain the rights to use a mark that they don’t own.
2) Patent and Trademark office has Awarded Monster (us) with trademarks that go far beyond cables.
Many may think that we are only Monster Cable. Over the past 30 years we have conducted business with many Monster marks. We have been awarded 100 registered Monster trademarks in 12 different classes by the Patent and Trademark office, All of these trademarks predate Monster Mini Golf’s application for trademark, which has not yet been granted. Link to our Monster trademarks: http://www.monstercable.com/monster_truth/Monster_Cable_Trademark.pdf Monster Mints. Monster Power. Monster Game. Monster ScreenClean. Monster Performance Car. Monster Music. Monster Pro. Monster Central. or Monster Sport. The name “Monster” is a registered trademark owned by us in the categories of electronics, music, games, food product, entertainment, and cleaning products. More facts, 30 years ago, the Patent and Trademark office granted Noel Lee the name “Monster”, exclusive of the name “cable”. Although we tried to trademark Monster Cable, it was not permitted. See attached for copy of our original trademark. We have been awarded 5 marks on the word Monster alone.
3) Monster is obligated to defend its marks or risk losing them.
We do not like suing. It is expensive for both parties and is a last resort. It’s our obligation under the Patent and Trademark law to enforce our marks, or lose them. As noted in the link cited below, “companies that tolerate infringing uses of their mark risk losing all their rights in the mark if a third party challenger claims the company abandoned their mark by not enforcing it. Thus, companies cannot pick and choose against whom they are going to enforce their mark.” http://www.marklaw.com/trademark-glossary/confuse.html.
4) Monster must defend its marks just as other well respected companies have done so.
Monster needs to defend our mark just as Apple, Virgin, Ebay, Amazon or other companies who have developed their marks must do so. These companies are within their legal rights to protect their marks as provided for by the Patent and Trademark office. Over the past 30 years we have built many “Monster” brands spanning many product categories, we believe that we have established as a well-known and respected “mark” in our Monster name. So Monster Mini Golf is no different than Yahoo Mini Golf, or Microsoft Mini Golf, or Apple Mini Golf, because the “origin” may be unclear. Could the origins be confused with one of the many marks that we have? We believe so. At the end of the day, we are asking the courts to decide our rights to our trademarks. It won’t be our decision, it will be the court’s and judges.

See Examples below.

Apple, Inc

Apple has also enforced against a number of people who have used the word “POD” as a trademark. For example: MEDPOD, LONPOD, CONTROLPOD, BACPOD, VIDEO POD, SPYPOD, MYPODDER, PODPRESENTER). You can view more obtained from the U.S. Patent and Trademark website at: http://www.monstercable.com/monster_truth/Apple_TTAB.pdf

In 2008 Apple filed an opposition in the U.S. Patent and Trademark Office against New York City's "Big Apple" logo for the GreenNYC initiative. (http://www.monstercable.com/monster_truth/NYC_Apple.pdf) Apple also filed an opposition against Green Apple Music Arts & Festival for use of an apple in their logo and the word Apple for music event.

Ebay, Inc.

Ebay has an active trademark enforcement program for the word “BAY.” Ebay has proceeded against a number of people who have used the word BAY as a trademark. For example: XS BAY, PENNY BAY, HELPU BAY, RIDEBAY, EVERYTHINGBAY, ONEBAY, FREEBAY, TELEBAY, SWAYBAY, FONEBAY). You can view more obtained from the U.S. Patent and Trademark website at: (http://www.monstercable.com/monster_truth/eBay_ttab.pdf

Virgin Enterprises, Inc.

Richard Branson’s company, Virgin, vigorously enforces the word “VIRGIN.” Virgin has proceeded against a number of people who have used the word VIRGIN as a trademark, including: WILD VIRGIN, VIRGIN PINE NATIVE SHEEP BLUE, EXTRA VIRGIN, VIRGINAL CLOTH, BARELY VIRGIN COCKTAILS, VIRGIN SOIL, VIRGIN TURBAN, VIRGIN YOGURT, VIRGIN INTELLECTUAL PROPERTY, CALIVIRGIN, VIRGIN EYES). You can view more obtained from the U.S. Patent and Trademark website at: http://www.monstercable.com/monster_truth/Virgin_ttab.pdf

Amazon.com

Amazon enforces its "AMAZON" trademark and opposes people who use it or variations. Amazon has proceeded against people who have used trademarks such as: AMAZON TAXI, AMAZON VENTURES, PRINT AMAZON, AMAZON THUNDER DRINK, AMAZN INFO, AMAZON BANK, etc. You can view more obtained from the U.S. Patent and Trademark website at:http://www.monstercable.com/monster_...mazon_TTAB.pdf
5) Wrongful accusations made by Monster Mini Golf.
We have never sued the Chicago Bears. We have not filed 400 lawsuits. We do not pick on small business, as we are also a small business. We don’t like lawsuits any more than any other company, and don’t like spending money on attorneys, especially in light of the current economic situation.
6) We want to end this lawsuit as much as anyone.
We did not want to file a lawsuit. Before filing the lawsuit, we made many overtures offering reasonable and inexpensive licensing arrangement to Monster Mini Golf, which would allow the company to use the name, while at the same time maintaining our trademark rights. The company has refused, so we had no option but to file a lawsuit. Monster Mini Golf can easily avoid the costs of a lawsuit, and save everyone time and money if it would license the mark at very little cost to them, and a fraction of the cost of a lawsuit. We have many attempts to work with Monster Mini Golf’s attorneys to try to settle this to everyone’s satisfaction.
7) Corporate Bully?
It’s important to note that we are not some gigantic corporate bully as portrayed. We are also a small company with a great culture, still family owned with 500 employees in Brisbane California. We are not a public company with deep pockets. It’s not inconceivable that Monster Mini Golf could exceed the reach of Monster Cable with the trademark of Monster. You can come to our web site to meet the Monsters, www.monstercable.com.
I hope this information helps. We value you as a customer, and hope you stay with us. We feel that our product quality and innovation is second to none, and would like for you to continue to enjoy your music and video in the best way possible.
If you would like to talk with me about this, please email me at truth@monstercable.com

Monsterously,
Noel Lee

The Head Monster
List of Some Monster Trademarks in the U.S.:




Mark
First Use
Class No.
Goods
MONSTER
06/15/2000
28
Sporting Goods
MONSTER ATTITUDE
07/02/2001
25
Clothing, namely, t-shirts, sweatshirts, jackets, pants, and caps.
MONSTER
05/19/1978
9
Electrical and musical signal transmitting cable and connectors.
MONSTER
06/01/1989
16
Newsletters and catalogs providing entertainment industry and cable industry news.
MONSTER
12/20/1983
25
Clothing, namely, sweatshirts, t-shirts, pants, jackets, and caps.
MONSTER (new font)
12/31/1998
9
Electrical and optical cables, wires and connectors for use with audio and video components.
MONSTER BASS
07/31/1991
9
Electrical and electronic devices
MONSTER CABLE
05/18/1978
9
Musical and voice signals transmitting cable and connectors therefore.
MONSTER CABLE (cable design)
05/19/1978
6
Speaker wire.
MONSTER CABLE (Stylized)
11/26/1984
9
Computer cables.
MONSTER CABLE SPECIAL
01/20/1982
9
Audio Cable.
MONSTER CAR AUDIO
05/30/1994
9
Car audio cables, power and audio cables.
MONSTER CENTRAL
08/25/1998
9
Electrical signals distribution panels, boards, boxes, consoles and machines; and parts of and accessories for such goods.
MONSTER CENTRAL
08/27/1998
11
Lighting, namely lighting fixtures.
MONSTER CLAMPS
01/01/1990
9
Electrical cable clamps.
MONSTER COMPUTER
12/31/1996
9
Computer Cables.
MONSTER CONNECTION
12/30/1990
16
Newsletter about consumer electronics.
MONSTER DESIGN
01/01/1988
9
Cable connectors for use with audio equipment.
MONSTER DIGITAL
12/31/1998
9
Electrical signal transmitting cable and connectors.
MONSTER FLATSCREEN (Stylized)
11/03/2006
9
Electrical and electromagnetic signal transmitting devices.
MONSTER GAME
11/13/2000
9
Electrical and electronic control devices.
MONSTER GAME (Stylized & Design)
11/13/2000
9
Electrical and electronic control devices.
MONSTER GEAR
10/07/2005
25
Clothing, namely T-shirts, jackets, hats, polo shirts and vests.
MONSTER GEAR
10/17/2005
18
Luggage.
MONSTER HOME THEATRE
06/30/1993
9
Audio cables
MONSTER INTERNET
03/31/1997
9
Computer cables and telephone cables. (as amended)
MONSTER LOCK
08/07/1998
9
Electrical connectors.
MONSTER MARINE
07/01/2004
9
Electrical and electromagnetic signal transmitting devices.
MONSTER MICROPHONE
04/16/1998
9
Microphones, namely microphone cables.
MONSTER MINTS
01/08/2004
30
Mint candy.
MONSTER MOBILE
09/14/2001
9
Mobile telephone accessories, namely battery rechargers.
MONSTER MOUNTS
04/02/1998
9
Loudspeaker mounting units
MONSTER MULTIMEDIA
03/28/1997
9
Audio and video products, namely cables, switch boxes and junction boxes.
MONSTER MUSIC
01/01/1988
41
Production of compact discs.
MONSTER MUSIC
01/01/1988
42
Distributorship services in the field of prerecorded compact discs of various artists. (as amended)
MONSTER MUSIC
06/03/1988
9
Compact Discs.
MONSTER NETWORKING
06/10/1997
9
Connectors and cables for the transmission of data signals.
MONSTER PERFORMANCE CAR
09/09/2004
9
Electrical and electromagnetic signal transmitting devices.
MONSTER PHOTO
12/31/2003
9
Rechargeable and non-rechargeable power cells.
MONSTER POWER
02/01/1992
9
Electrical power control products.
MONSTER POWER (Stylized and Design)
05/27/1998
9
Powerstrips, electrical surge protectors, circuit chargers and UPS
MONSTER POWERCELL
12/09/2002
9
Rechargeable and non-rechargeable power cells.
MONSTER ROCK
02/25/2004
9
Electrical and electromagnetic signal transmitting devices.
MONSTER SATELLITE
01/31/1995
9
Satellite disk-to-receiver interconnects; electrical cables.
MONSTER SOUND
10/29/1990
9
Audio equipment, namely electrical cables and connectors.
MONSTER SPORT
04/01/1992
25
Clothing, namely T-shirsts, jackets, hats, polo shirts and vests.
MONSTER STANDARD
12/31/1979
9
Electrical signal transmitting cable and connectors.
MONSTER STYLE
12/01/1990
41
Classes and seminars in the field of audio systems.
MONSTER TALK
01/03/2006
9
Cellular telephones and hands free cellular telephone kits.
MONSTER TIPS
01/01/1981
9
Electrical audio connectors for stereo and video components.
MONSTER UNIVERSITY
07/31/2000
41
Online training with respect to electronic products.
MONSTER USB
08/20/2001
9
USB Cables and connector devices for computers.
MONSTER VIDEO
02/07/1986
9
Video cables.
MONSTER WIRE AMERICA
11/17/1999
9
Electrical signal transmitting cables and connectors.
MONSTER WIRED
09/30/2001
41
Providing on-line newsletters containing information about cable, power and electronic devices.
MONSTEROUS
11/10/1997
9
Electrical and electronic control devices,
MONSTERS LIVE FOREVER
04/30/1998
9
Electrical and electromagnetic signal transmitting devices.
MONSTERS LIVE FOREVER
04/30/1998
36
Extended warranty services.
EMONSTER
06/11/2001
35
Promoting the goods and services of others by providing hypertext links to the web sites of others.
IMONSTER
06/11/2001
35
Promoting the goods and services of others by providing hypertext links to the web sites of others.
#89
11th December 2008
Old 11th December 2008
  #89
Lives for gear
 
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Location: Australia
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Quote:
Originally Posted by Crash View Post
This does not look like protecting the trademark but more like another revenue stream to keep gas in the Bentley.
#90
12th December 2008
Old 12th December 2008
  #90
Died for gear
 
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Joined: Nov 2006
Location: ??
Posts: 1,617

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Quote:
Originally Posted by JustinAiken View Post
This has got to go viral... anybody here a big digg user with lots of friends that we could get to digg this to the front page?
Looks like someone has already started it.

http://digg.com/tech_news/Monster_Ca...onster_lawsuit
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