Switch Theme:

IP Douchery Monster!  [RSS] Share on facebook Share on Twitter Submit to Reddit
»
Author Message
Advert


Forum adverts like this one are shown to any user who is not logged in. Join us by filling out a tiny 3 field form and you will get your own, free, dakka user account which gives a good range of benefits to you:
  • No adverts like this in the forums anymore.
  • Times and dates in your local timezone.
  • Full tracking of what you have read so you can skip to your first unread post, easily see what has changed since you last logged in, and easily see what is new at a glance.
  • Email notifications for threads you want to watch closely.
  • Being a part of the oldest wargaming community on the net.
If you are already a member then feel free to login now.




Made in us
Decrepit Dakkanaut






Omadon's Realm

Some Dakkanauts will know I am a keen fishkeeper. So this came across my radar a couple of hours ago and I'm not sure I can understand a company claiming to own the word 'Monster'... Or indeed, the capital letter 'M'?

http://consumerist.com/2012/07/monster-energy-assumes-consumers-cant-distinguish-energy-drinks-from-fish-tanks.html

We thought that the company behind Monster Energy drink (and its lawyers) were done with petty legal action against anyone bold enough to use the word "Monster." We last reported on such action in 2009. Turns out that the, uh, monster was only sleeping, though, and the company has re-emerged to issue a cease and desist order to an aquarium keepers' forum, Monster Fishkeepers. That site has owned their trademark since 2005, but Monster Energy apparently claims to own the word "monster." And the letter "M."

Old-school Consumerist readers will remember that suing anyone attempting to name a product or company using the word "Monster" used to be the job of Monster Cable. We kept waiting for Monster Cable and the owner of Monster Energy Company to sue each other in a recursive loop of billable hours that would keep each other out of other companies' way, but it never happened.

And so they've gone after the Monster Aquaria Network, assuming that cans of energy drink and massive aquaria filled with rare fish are pretty much the same thing and that consumers will get confused.

Here's the message posted on a blog asking site users and other interested parties to help:

On February 24, Monster Energy Company sent a cease & desist letter to MonsterFishKeepers.com in regards to their use of the marks MonsterFishKeepers, and the MonsterFishKeepers “M” symbol in connection with clothing, accessories, and stickers. It also requires us to drop the trademark applications that were pending at the time for said trademarks. Monster Energy claimed that the use of these marks constituted trademark infringement and would cause confusion with their own MONSTER™, MONSTER ENERGY®, and MONSTER “Claw M®” marks. MonsterFishKeepers.com asserted that an informed consumer would be unlikely to mistake the two brands as one is specifically marketed towards the keepers of large fishes in specialized online sites & aquarium stores while the other is more openly marketed in sports-related facilities and traditional retail stores.

Later on, Monster Energy sent a series of demands including, but not limited to, abandoning the trademark applications for the MonsterFishKeepers “M” symbol marks as well as ceasing to use those marks in connection with apparel & accessories, refraining from using or applying for any marks containing the word “Monster” or the letter “M,” refraining from using the colors black & green on any MonsterFishKeepers.com or Monster Aquaria Network Websites or in connection with apparel & accessories, and pay Monster Energy Corporation its attorneys’ fees in connection with this matter. MonsterFishKeepers.com has no intention of agreeing to the bulk of Monster’s demands as these terms are extremely restrictive & unfair, not to mention downright ridiculous in some cases.

As you know, we have been using our MonsterFishKeepers and the MonsterFishKeepers “M” design marks since March 30, 2005 and the marks were duly registered with the U.S. Patent and Trademark Office since October 23, 2007. We strongly believe that the law is on MonsterFishKeepers.com’s side, but MonsterFishKeepers.com will not be able to fund the legal proceedings that would be needed to resolve this dispute with Monster Energy. Unfortunately for MonsterFishKeepers.com, Monster Energy can file an unlimited number of appeals even if MonsterFishKeepers.com wins the first round of the case; in the end, Monster Energy would certainly outlast MonsterFishKeepers.com in the legal proceedings after MonsterFishKeepers.com runs out of money since there is no way that such a small company could compete with such a large company in terms of legal fees. As such, we, the staff of the Monster Aquaria Network, ask that you, the reader & MonsterFishKeepers.com member & supporter, help us to convince Monster Energy Corporation to drop this issue immediately. We intend to contact them via any means possible to let them know that this is not acceptable as well as hit them at the bottom line by boycotting all Monster Energy Corporation products. We would greatly appreciate it if you would take a small amount of time out of your day to let Monster Energy know that what they’re doing is not going to be well regarded/well perceived by us as consumers of their soft drink products.

In closing, we thank you for your continued support, and we hope that we will be able to enjoy many more years of fish-filled fun once this issue is resolved.

The site has a Change.org petition, and also encourages fans to contact the company and urge them to be reasonable.

Silly legal action from Monster Energy has been brought down due to consumer outcry before, such as when they pursued a Vermont craft brewery that served up a beer called Vermonster.



If you also think this is frankly mind blowing stupidity, the petition to sign is here:

http://www.change.org/petitions/monster-beverage-corporation-do-not-sue-monster-fish-keepers-for-trademark-infringement

Many thanks for your consideration.



 
   
Made in us
Veteran ORC







This messege was brought to you by the Letter M, the Number 3, and the word Frivilous.


Seriously, why are they even bothering?

I've never feared Death or Dying. I've only feared never Trying. 
   
Made in us
Fixture of Dakka




Good hell. Some things just defy words.
   
Made in au
Lady of the Lake






A quick Google search and I think I can see why.

Monster Fish Keepers


Monster Energy Drink


Clearly they're identical and this is not just a waste of everyone's time.
Though depending on how it pans out a certain other company toting around a capital M could go after the energy drink. Sort of kick them in the teeth instead of playing their own game.

   
Made in us
Longtime Dakkanaut





Gulf Breeze Florida

I signed for Monsterfish VS Monsterdrink.

I would pop corn for Monsterdrink vs monsterburgerfranchinse


 
   
Made in us
Decrepit Dakkanaut






Omadon's Realm

Iur_tae_mont wrote:

I would pop corn for Monsterdrink vs monsterburgerfranchinse


My money would be on Ronald... MaccyDs is the corporation WeylandYutani and the Umbrella Corp wishes they were...



 
   
Made in us
Longtime Dakkanaut





Gulf Breeze Florida

Yeah, but that would be a heck of a ride.


 
   
Made in us
5th God of Chaos! (Yea'rly!)




The Great State of Texas

I know, I have just the thing.



-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
Made in us
Decrepit Dakkanaut






Burtucky, Michigan

God I hate big corporations
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

An interesting point though is that Monster may soon be bought out by Coca-Cola, who are perhaps bigger than McDonalds who sell their product. So if Coca-Cola is at every single McDonalds, as well as every gas station, convenience store, movie theater and so on, then it would easily be a larger company than McDonalds.

So I don't think McDonalds would sue Coca-Cola over it.

That said, I hear GW owns the words: warhammer, emperor, marine, space, the, a, an, and, of, it, as well as the letters G, W, K and the numbers 40 and 40,000. They also own all punctuation. It's all there on their legal page. >.>

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in us
Last Remaining Whole C'Tan






Pleasant Valley, Iowa

Monster Cables also is famous for this sort of douchebaggery. Hopefully some public pressure will cause them to relent. I can't help but think this is something legislation should be passed to combat, like SLAPP laws.

 lord_blackfang wrote:
Respect to the guy who subscribed just to post a massive ASCII dong in the chat and immediately get banned.

 Flinty wrote:
The benefit of slate is that its.actually a.rock with rock like properties. The downside is that it's a rock
 
   
Made in ca
Zealous Sin-Eater




Montreal

Shouldn't they care more about making a drink that wasn't radioactive diarrhea, for starters?

Also, is it something different with U.S. IP laws or do they have the shittiest lawyer ever? Here the confusion must have a monetary loss associated, and must pertain to similar types of goods... So maybe the t-shirts...? If someone's dumb enough to mistake a Monster Fish t-shirt for a Monster Drink t-shirt when he's in a Monster Fish shop...

This message was edited 1 time. Last update was at 2012/07/18 08:30:56


[...] for conflict is the great teacher, and pain, the perfect educator.  
   
Made in us
Consigned to the Grim Darkness





USA

Why do that when they can sue their way to profit?

The people in the past who convinced themselves to do unspeakable things were no less human than you or I. They made their decisions; the only thing that prevents history from repeating itself is making different ones.
-- Adam Serwer
My blog
 
   
Made in au
Lady of the Lake






Because it's hard work that doesn't instantly gather what I guess you could call free advertising possibly leading to increased sales despite the outcome?

This message was edited 1 time. Last update was at 2012/07/18 08:40:36


   
Made in ca
Zealous Sin-Eater




Montreal

n0t_u wrote:Because it's hard work that doesn't instantly gather what I guess you could call free advertising possibly leading to increased sales despite the outcome?


I so hope that's not actually true. I so hope... but I'm ready to be dissapointed.

[...] for conflict is the great teacher, and pain, the perfect educator.  
   
Made in us
Excellent Exalted Champion of Chaos






Lake Forest, California, South Orange County

There's no such thing as bad press.

"Bryan always said that if the studio ever had to mix with the manufacturing and sales part of the business it would destroy the studio. And I have to say – he wasn’t wrong there! ... It’s become the promotions department of a toy company." -- Rick Priestly
 
   
Made in gb
Hulking Hunter-class Warmech




North West UK

I hate things like this

OT but slightly related, it reminds me of these "brand police" being brought in for the olympics, with legal power to prosecute any shop that associates itself with the olympics. Right down to a list of words that aren't allowed to be used in advertising

Not One Step Back Comrade! - Tibbsy's Stalingrad themed Soviet Strelkovy

Tibbsy's WW1 Trench Raid Diorama Blog
 Ouze wrote:

Well, you don't stuff facts into the Right Wing Outrage Machine©. My friend, you load it with derp and sensationalism, and then crank that wheel.
 
   
Made in us
Battlefield Tourist




MN (Currently in WY)

The energy drink company is called Monster for a reason.

Support Blood and Spectacles Publishing:
https://www.patreon.com/Bloodandspectaclespublishing 
   
Made in gb
Worthiest of Warlock Engineers






preston

DA fuuuuuuuuuuuuu............

Free from GW's tyranny and the hobby is looking better for it
DR:90-S++G+++M++B++I+Pww205++D++A+++/sWD146R++T(T)D+
 
   
Made in gb
Contagious Dreadnought of Nurgle





If people are getting confused I wonder if I can sell them old tank water as an energy drink. Lord knows I throw enough of it out, and it is good for the plants.

 insaniak wrote:
Sometimes, Exterminatus is the only option.
And sometimes, it's just a case of too much scotch combined with too many buttons...
 
   
 
Forum Index » Off-Topic Forum
Go to: