Monster Cable at it again.. Now suing Monster Transmission

[musikwerks]

Originally Posted by kafka

Having problems with selective reading syndrome? There is an ocean of difference between sentiment and substance, and I see you're having difficulty distinguishing the two.

Tell me exactly what "change" Monster Mini Golf accomplished for anyone other than themselves.

Tell me where it's written that Monster Mini Golf ever had to do it for anyone else but themselves? Did Disney step up and help anyone after they successfully got rid of Monster Cable? Show me where the onus falls on anyone to help someone esle in this situation? You're mad.

My reading ability is fine, thank you for the condescending tone though... I got a good laugh out of it.

[Duardo]

We buy that King's Hawaiian bread once in a while, and a few years back my wife told our kids that it is called "monster bread" because you just grab a big hunk off of the loaf like a monster would. We recently received a letter from Monster Cable demanding that we send them a quarter for each loaf we have ever referred to as "monster bread" as well as for every loaf we purchase in the future.

[aeonsound]

"what's that coming over the hill?
is it a registered trademark not to be unlawfully deployed without prior written permission?
is it a registered trademark not to be unlawfully deployed without prior written permisssssss-ion?

what's that coming over the hill?
is it a registered trademark not to be unlawfully deployed without prior written permission?
is it a registered trademark not to be unlawfully deployed without prior written permisssssss-ion?"

[kafka]

Originally Posted by Duardo

We buy that King's Hawaiian bread once in a while, and a few years back my wife told our kids that it is called "monster bread" because you just grab a big hunk off of the loaf like a monster would. We recently received a letter from Monster Cable demanding that we send them a quarter for each loaf we have ever referred to as "monster bread" as well as for every loaf we purchase in the future.

That's amazing, if it's for real. Can you scan that letter and post it here? I bet the media would have a field day over that one.

[LoopQuantum]

Originally Posted by kafka

That's amazing, if it's for real. Can you scan that letter and post it here? I bet the media would have a field day over that one.

I think I just wet my pants.

[Fast_Fingers]

Originally Posted by Duardo

We buy that King's Hawaiian bread once in a while, and a few years back my wife told our kids that it is called "monster bread" because you just grab a big hunk off of the loaf like a monster would. We recently received a letter from Monster Cable demanding that we send them a quarter for each loaf we have ever referred to as "monster bread" as well as for every loaf we purchase in the future.

Considering how delicious that bread is, I recommend going to court to save every last crumb.

[Goliath|Audio]

Looks like Toontrack is challenging Noel.

Monster MIDI Pack now in the Toontrack webshop

At only 19 USD Toontrack Music is proud to present the Monster MIDI Pack.

The pack contains more than 400 MIDI files, individually played by drummer Peter Fredlander.
Available as 4/4 straight and 4/4 Swing in various tempos and divided into:

· Hats intro variations

· Hats open/closed grooves

· Cymbal grooves

· Hats/ride sidestick grooves

· Tom & Snare grooves

· Fills

· Intro Fills

The Monster MIDI Pack works with EZdrummer and Superior Drummer®, optimized for standard drum kits:
1 kick, 1 snare, 2 toms, 1 floortom, 2 crash-cymbals, 1 ride-cymbal (GM).

Enjoy folks!

Sincerely,

Toontrack Crew

[Dysanfel]

Originally Posted by chucksweet

We now know we have to balance protecting trademark rights with the opinion of our customers. We will always consider and value the opinion of our customers.

If Chuck would like to discuss further, please feel free to contact me.

Dave

David Tognotti
General Manager and Vice President of Operations
Monster Cable Products, Inc.

They just don't get it do they? Its not about their legal rights, its about being a damn bully and a damn idiot.

[Fletcher]

Originally Posted by Dysanfel

They just don't get it do they? Its not about their legal rights, its about being a damn bully and a damn idiot.

You're quite wrong about that... it's very much about their legal rights.

With a trademark you have to enforce EVERY violation of your mark in order for that mark to stay valid... otherwise it is called "selective enforcement" which can be used by a violator of that mark to use it with impunity.

Lemme give you an example... there was a very nice lady somewhere in California selling T-shirts that said things like "Mercenary trucker... when the money's gone so are we", "Mercenary stagehand... when the money's gone so are we" [etc.].

We couldn't give a shit... EXCEPT that our trademark for the word "Mercenary" includes "apparel"... which means that if we didn't work out a deal with her on selling T-shirts that said Mercenary we would lose the ability to protect the word "Mercenary" on hats, shirts, tennis shorts... whatever ya got.

We worked out a solution and that was that. It ran $20-30k we didn't want to spend... but we had to protect the mark in order for it to remain solid.

Had one with a company out of Jersey like 10-12 years ago that wanted to call itself "Mercenary Guitars"... problem is, we sell "Musical Instruments" so if we had let it slide there could be "Mercenary keyboards", "Mercenary drums", "Mercenary microphones" [etc.]. The problem there would be confusion. There is only one "Mercenary Audio"... which has the occasional keyboard, guitar, and microphone for sale. How could you tell if this new company was actually part of "Mercenary Industries" or someone who doesn't do business at what we like to think are our high standards.

If you shopped at Mercenary guitars and bought what you were told was a '57 Stratocaster and it turned out to be a 70's model with the serial number changed you'd be [rightly] pissed... so you'd go out on the internet and say what a bunch of scumbag thieves they were... which in this kindergarden game of internet information would turn into "Mercenary Audio is a rip off joint selling bogus shit".

Can't have that.

That said... I think the guys from "Monster cable" are way over the top with their enforcement... and go way outside the areas their mark covers. When you own a trademark you have that trademark for specific areas. Like we have it for musical equipment sales, service and manufacturing... apparel... music production [etc.].

We wouldn't raise an eyebrow to "Mercenary Lawn Care" or "Mercenary Refrigeration" as we don't do lawncare or refrigeration... but if it's music or clothing related we have to give a damn or we lose the right to enforce the validity of our trademark in the area where we selectively enforce the areas our trademark covers. In other words... "Mercenary mini-golf" is safe from our scrutiny... but the guys at Monster just don't see it that way and are trying their best to protect what they think is theirs. Hopefully they're cool with the licenses... and while our people would be considerably more chill... it's still about the legal protection of their trademark and trying to not get into a "selective enforcement" situation that weakens their mark.

Make sense?

[Crash]

Yep, Fletcher is correct but what I find so odd about Monster, is it appears, in my opinion, they went out and got trademarks for things that they have no business dealings in. Here is a statement from their legal counsel:

Monster Cable legal counsel David Tognotti said it has registered more than 50 trademarks covering a wide range of products, including furniture, food and clothing. "We've spent millions of dollars as well as countless hours building our brand,'' he said.

....lifted from this article:

Monster fiercely protects its name / Cable products company sues those who use M-word

Sort of makes it seem like some slick lawyer thought long and hard about ways to get alternate revenue streams coming in on the backs of businesses that are in no way a threat to Monster Cable or their core business model. Just my opinion though, I wouldn't want to get sued or anything.

[jeremy.c.]

Originally Posted by Fletcher

We wouldn't raise an eyebrow to "Mercenary Lawn Care" or "Mercenary Refrigeration" as we don't do lawncare or refrigeration... but if it's music or clothing related we have to give a damn or we lose the right to enforce the validity of our trademark in the area where we selectively enforce the areas our trademark covers.

So is "Mercenary Condoms: When the moneys gone so are we" safe? Cause "Monster Condoms" is right out...

[sahiaman]

Originally Posted by olivia_nb

So is "Mercenary Condoms: When the moneys gone so are we" safe? Cause "Monster Condoms" is right out...

LOL.

[Greg Curtis]

Nonster must be run by lawyers to have cast such a wide net. To trademark every possible use of the word is predatory, IMHO. And stupid, since they are now forced to protect themselves when it has absolutely no bearing on their present, or foreseeable future business. Unless they like to pay trademark attorneys.

[Zooey]

Originally Posted by Fletcher

I think the guys from "Monster cable" are way over the top with their enforcement... and go way outside the areas their mark covers.

There's a relatively recent decision in which a manufacturer included a product in its description of goods that it never actually sold. The result was a finding of fraud on the USPTO, and I believe the entire registration was canceled. I'm sure the folks at Monster can cite the case better than I can.

[Zooey]

More about the consequences of fraud on the PTO.

Pierce Atwood :: U.S. Trademark Office Cancels Three Trademark Registrations Based on Fraud

[Duardo]

More about the consequences of fraud on the PTO.

Pierce Atwood :: U.S. Trademark Office Cancels Three Trademark Registrations Based on Fraud

Yeah, well, I can see why there'd be confusion there. My wife sent me out to get a a pair of sweats and I came home with a truck. She was pissed. They should have called her as a witness...it may have gone the other way.

[Mark Kaufman]

Mwahahahahaaaaaaa.....you're all screwed!

I just trademarked the word "the"!!

Pay up! Now!

[Goliath|Audio]

Why hasn't XLN Audio sued Monster yet?

XLN Audio

Monster 404 XLN® XTREME Audio Interconnect (4-Channel)


The sad part is, I couldn't even find what voodoo technology this XLN® is.

Edit: nevermind, I found it, but I had to get it from USPTO. Twisted pair.

[Duardo]

Maybe the question is why Monster hasn't sued XLN yet...which came first?

[Fletcher]

Originally Posted by olivia_nb

So is "Mercenary Condoms: When the moneys gone so are we" safe? Cause "Monster Condoms" is right out...

Depending on your woman's personal grooming... that may very well be covered by "Mercenary Lawn Care"