#245395 - 04/01/2005 00:19
Another bogus Trademark dispute: Monster Cable
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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If Tacky marketing and prices weren't enough, this just begs for me to print out this commentary and drop it off at their booth at CES. http://www.snowmonsters.com/MonsterCable/index.htmlBruno
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#245396 - 04/01/2005 00:43
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 23/09/2000
Posts: 3608
Loc: Minnetonka, MN
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Yeah I read about that on engadget. I was going to email them to let them know how stupid they are but I couldn't find anything on their website that looked like it would be worth sending an email to.
I could tell them I won't buy any of their products again but I have never bought any so I guess it wouldn't mean much.
I think the bigger problem is that companies come up with these ridiculous claims and everyone they threaten just settles out of court. I read one article that listed Disney as one of the companies that monster cable threatened. Why the hell would Disney give them any money they could buy the whole rotten company.
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Matt
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#245397 - 04/01/2005 00:57
Re: Another bogus Trademark dispute: Monster Cable
[Re: msaeger]
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carpal tunnel
Registered: 24/12/2001
Posts: 5528
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Monster Cable attacking any company with "Monster" in it's name seems very similar to the Easy Group and them attempting to take over anything with "Easy" in it's name. What a bunch of assholes...
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#245398 - 04/01/2005 01:08
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 30/10/2000
Posts: 4931
Loc: New Jersey, USA
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This is un-effing-believable. Really shameful.
_________________________
-Rob Riccardelli 80GB 16MB MK2 090000736
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#245399 - 04/01/2005 01:34
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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member
Registered: 06/04/2000
Posts: 158
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Funny, I had just this weekend seen a frankly incredible thing at the PC store - 'Monster Ethernet cable', at something like $10 a metre. Presumably it delivers much higher quality '1's and '0's than the, er, $1 generic cable sitting next to it.
I tend naturally towards the "hifi cables are mostly snake oil" school of thought, so I didn't have a particularly high opinion of Monster to start with, then I saw the Ethernet thing which just cracked me up, and now I see this which leads me to want to actively work against them. So, don't buy the products, and tell everyone you know not to also.
Regards
Mark
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#245400 - 04/01/2005 01:35
Re: Another bogus Trademark dispute: Monster Cable
[Re: tman]
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old hand
Registered: 20/07/1999
Posts: 1102
Loc: UK
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It's monsterous...
pca
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Experience is what you get just after it would have helped...
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#245401 - 04/01/2005 02:09
Re: Another bogus Trademark dispute: Monster Cable
[Re: msaeger]
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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It scares me because I feel I might get that knock on my inbox one day. Anyone might. For domain names or trade names. As far as I understand trademark law, their assertions don't have merit considering "monster" is a generic word. The registration or claim of mark would be in place to protect their specific usage of said mark. And the mark should also be accompanied by a diagram and statement of its intended market. Seems to me "Snow Monsters" falls so far out of the boundary that it's just incredible this would come about.
I used Monster brand speaker cable in my Integra install. I won't use anything from them again unless I see a change in practice and an apology for this latest BS.
Bruno
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#245402 - 04/01/2005 02:32
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 24/12/2001
Posts: 5528
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A few years ago I registered a domain for a project I was doing with a friend. I got an email a little bit later saying it was in dispute because a German ISP was complaining that I was infringing something. Talking to the company directly finally got me the exact reason and it turns out it was because there is a German town somewhere which is spelt the same way even though it's a word in the dictionary (urban)
If I wanted to contest it then I'd have to pay the fees to the UDRP for them to look over it. If you don't pay then you instantly lose the case. I looked into the costs and it was far to high considering it was just a random side project.
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#245403 - 04/01/2005 03:05
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 14/01/2002
Posts: 2858
Loc: Atlanta, GA
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Man that's really disheartening. I wonder if they'll go after moster.com? I’ve never used their home audio cabling, but I do use monster cables for my instruments when I play live. I probably won’t buy anymore if this is their attitude and tactics, but that really stinks because they really are the best I’ve found for instrument cables.
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-Jeff Rome did not create a great empire by having meetings; they did it by killing all those who opposed them.
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#245404 - 04/01/2005 03:08
Re: Another bogus Trademark dispute: Monster Cable
[Re: tman]
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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Just because a town has the same name shouldn't mean it has to get that far. See, these things are insane. When it comes to domain names, if the holder has a valid use for it (and that use doesn't infringe on the business of a trade or service mark holder), I say first-come, first served.
Like ATI.COM for instance. Someone had it when our company had ATITECH.COM. There was nothing we could do about it legally. There are plenty of other "ATI" companies that would have a claim on it - likely many of which were incorporated before the graphics company and who also hold a trademark on their names. So the company bought it. Don't know how much they paid for it. But even if it were $1Million, it was worth it.
Do remember that if someone *is* infringing on your trademark, you must take action and defend against your right for the mark. I'm not sure how you end up losing it - what kind of dilution is required for it to be considered common or abandoned for instance.
But I'll be doing a lot more research on this because obviously I don't want to be bitten in the ass by it and also have a few names I'd like to register and protect for the future.
Bruno
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#245405 - 04/01/2005 12:18
Re: Another bogus Trademark dispute: Monster Cable
[Re: JeffS]
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carpal tunnel
Registered: 14/01/2002
Posts: 2858
Loc: Atlanta, GA
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Quote: I wonder if they'll go after moster.com?
Well, according to this article they already did. What a sad, sad, joke this is. I can't believe they can get away with this garbage.
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-Jeff Rome did not create a great empire by having meetings; they did it by killing all those who opposed them.
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#245406 - 04/01/2005 12:46
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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Sickening. Just sickening. Now I'm even happier that a while ago, Rob recommended Dayton Audio at partsexpress.com Their cables are very nice quality, and I have no doubt in my mind that they are a better value. I recently wired a whole system with Dayton Audio cables, from speakers to video to optical audio, and every cable was superb. Their speaker cables are gorgeous, and a steal when compared to other cables of similar substantiality. Goddamn Martians!
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Matt
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#245407 - 04/01/2005 14:40
Re: Another bogus Trademark dispute: Monster Cable
[Re: msaeger]
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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My suggestion is to proxy your comments through a more powerful voice. One Monster Cable will hear loud and clear.
As a consumer wanting to be heard I'd write to Best Buy Inc. letting them know that one of their vendors is engaging in harrassment and that you are boycotting that companies products. Further, that by carrying their products you feel Best Buy is contributing to these actions and that you no longer feel comfortable patronizing their stores and feel obligated to tell others to shop elsewhere as well. Provide some links/contacts to competing companies that Best Buy can stock instead and suggest they should immediately pull Monster Cable products from all their locations.
If Best Buy says "boo" about this, you'd better believe Monster would listen. I'd be surprised if BB didn't account for a disproportionate amount of Monster's revenue.
Bruno
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#245408 - 04/01/2005 15:54
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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That's just what I was thinking, but it's discouraging because BB seems even less likely to listen to complaints than Monster does.
Oh well, regardless, I think I'm going to reformat your post, if you don't mind, and send it to every address at BB I can find, from every address I have available.
*edit*
In regards to your post, does anyone have links to better products? Here's the one I can contribute:
Dayton Audio
I just bought another $100 of merchandise from them, and got three 10' speaker cables (for left, right, center speakers), two 6' optical audio cables, and two 6' S-Video cables. That kind of money would probably barely cover one speaker cable of the same type from Monster.
Edited by Dignan17 (04/01/2005 16:03)
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Matt
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#245409 - 04/01/2005 16:26
Re: Another bogus Trademark dispute: Monster Cable
[Re: JeffS]
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carpal tunnel
Registered: 14/01/2002
Posts: 2858
Loc: Atlanta, GA
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Just in case I'm not the only one who's been upgrading to higher quality instrument cables, my friend who owns a studio recommended Mogami as an alternative to Monster. He says they're better anyway and cheaper.
_________________________
-Jeff Rome did not create a great empire by having meetings; they did it by killing all those who opposed them.
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#245410 - 04/01/2005 17:03
Re: Another bogus Trademark dispute: Monster Cable
[Re: JeffS]
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old hand
Registered: 14/04/2002
Posts: 1172
Loc: Hants, UK
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Quote: Man that's really disheartening. I wonder if they'll go after moster.com?
Here's what's more disheartening - go to www.monster.com select United States and look right at the bottom of the page.
Gareth
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#245411 - 04/01/2005 17:20
Re: Another bogus Trademark dispute: Monster Cable
[Re: g_attrill]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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According to this article, Monster.com already had a link to Monster Cable before the attack. Regardless, Monster Cable had to be unreasonable, and the two companies settled.
*edit*
sorry, it wasn't that article, but I did read it somewhere.
Edited by Dignan17 (04/01/2005 17:21)
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Matt
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#245412 - 04/01/2005 17:26
Re: Another bogus Trademark dispute: Monster Cable
[Re: g_attrill]
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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Monster.com, the job site is a web site owned by Monster Worldwide, Inc. Who also own or operate Monster, Inc. and Monster Technologies, LLC.
Monstercable.com and the Monster Cable products are owned by the company Monster Cable Products Inc.
Both corporations have trademarks for their respective "Monster" logotypes. Neither of them own the "word" "Monster"
I could trademark a "Monster" logotype tomorrow for something else with a different design if I wanted to. It would give me no more claim over "Snow Monsters" as either of the above two companies have now.
Bruno
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#245413 - 05/01/2005 02:48
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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member
Registered: 19/03/2002
Posts: 144
Loc: Florida, USA
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I don't even see how they have any legal leverage. makes me sick to my freaking stomach to see this kind of barratry go on all the time. it's a sad, sad day when the maker of overpriced, crappy cables can throw their weight around and no corp. has the balls to stand up... Besides, their products are generally crap. I'll probably get sued now, once they find this message! they're probably like that, too
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::: shadow45
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#245414 - 05/01/2005 03:29
Re: Another bogus Trademark dispute: Monster Cable
[Re: shadow45]
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carpal tunnel
Registered: 23/09/2000
Posts: 3608
Loc: Minnetonka, MN
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They probably don't have a leg to stand on but no one will take it to court and just gives them the money. I suppose they figure it's cheaper to pay them than to go to court over it. Quote: Besides, their products are generally crap. I'll probably get sued now, once they find this message!
No you would only be in trouble if you said their stuff is monster crap.
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Matt
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#245415 - 05/01/2005 03:37
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 23/09/2000
Posts: 3608
Loc: Minnetonka, MN
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Quote:
As a consumer wanting to be heard I'd write to Best Buy Inc. letting them know that one of their vendors is engaging in harrassment and that you are boycotting that companies products. Further, that by carrying their products you feel Best Buy is contributing to these actions and that you no longer feel comfortable patronizing their stores and feel obligated to tell others to shop elsewhere as well. Provide some links/contacts to competing companies that Best Buy can stock instead and suggest they should immediately pull Monster Cable products from all their locations.
Best Buy is too busy misusing eminent domain to steal property from other business to read customer complaints.
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Matt
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#245416 - 05/01/2005 05:31
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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addict
Registered: 10/11/2000
Posts: 497
Loc: Utah, USA
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Quote: Like ATI.COM for instance. Someone had it when our company had ATITECH.COM.
Bruno, you failed to mention who it was that had ATI.COM. It wasn't some e-business consultancy or anything like that. Nope, it was none other than Artificial Turd Industries
Every time I went looking for drivers, I'd end up there because I'd forget to go to atitech.com. Six months later I'd go looking again, forget again, and end up looking at poop again. I've really come to miss this ritual now that ATI bought the name.
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-Aaron
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#245417 - 05/01/2005 17:21
Re: Another bogus Trademark dispute: Monster Cable
[Re: adavidw]
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pooh-bah
Registered: 25/08/2000
Posts: 2413
Loc: NH USA
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HOO damn that's funny. Where did I put my screen wipes?
-Zeke
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WWFSMD?
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#245418 - 05/01/2005 17:56
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/07/1999
Posts: 5549
Loc: Ajijic, Mexico
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January 5, 2005
Noel Lee, President Monster Cable 455 Valley Drive Brisbane, CA 94005
Dear Mr. Lee:
I am sure you are by now aware of the unethical practices employed by Monster Cable in the "protection" of its trademark. I want you to know that these practices have consequences that will have an adverse effect on your company.
I am a "high end" IASCA competitor, quite successful at it and respected in the stereo community. I can tell you that when I recommend to people that they avoid your products because of your unethical practices, they will listen to me.
I represent the largest-volume stereo shop in interior Alaska in these competitions, and when the owner returns from the CES show in Las Vegas next week, I can tell you that in all likelihood after I speak with him he will cease carrying your products and will spread the word to other shops in the area. He is a self-admitted gun-loving red-necked first-amendment protection type of person and will not countenance your ill-advised behavior.
I realize that you probably sell more Monster Cables in a single day in Los Angeles than in an entire year in Alaska, so my threat to ostracize your products isn't going to cause you to lose too much sleep. But be aware that the "Boycott Monster" movement is growing on the internet and may yet have results beyond your most pessimistic expectations.
You know the expression, "As you sow..."
Be prepared to reap the whirlwind.
Sincerely,
Douglas Burnside
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"There Ain't No Such Thing As A Free Lunch"
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#245419 - 05/01/2005 19:30
Re: Another bogus Trademark dispute: Monster Cable
[Re: tanstaafl.]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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Excellent letter. Regardless of how much impact it has, it's more than most other people can do. I've sent emails to BB, CC, and Crutchfield, but I highly doubt they will listen.
I also sent a more polite email to Partsexpress.com, because I like their store and could not do without it as they are the only people I'm aware of who sell Dayton Audio products. They did respond to me, in a very polite and honest manner, and basically said that as a small store they can't afford to lose their Monster-buying customers. They said that they have been keeping track of the issue, and that they are waiting for:
a) the larger media to pick up on it (they then linked me the inital article linked in this thread)
and b) for the undergroung movement to grow to a significant size.
So while they carry Monster, the fact that there's an alternative to the low end line of Monster stuff is encouraging.
A while ago I was also told about Kimber Kable. Supposedly it's very, very good. Far better than Monster. I don't have that kind of cash to spend on cables, though
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Matt
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#245420 - 05/01/2005 20:09
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/06/1999
Posts: 7868
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Last time I went cable shopping at Best Buy (needed a new optical cable), I could hardly find any Monster Cables. Seems at least the stores near here have mostly Acoustic Research cables now.
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#245421 - 05/01/2005 22:29
Re: Another bogus Trademark dispute: Monster Cable
[Re: JeffS]
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addict
Registered: 24/07/2003
Posts: 500
Loc: Colorado, N.A.
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Too late, Jeff, as it's rumored that 1% of all Monster.com net profit goes directly to Monster Freakin' Cable for the use of that word/domain!
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-- DLF
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#245422 - 07/01/2005 13:35
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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Official reply from the president of Monster Cable here.
It was actually sent to me by the guy I was talking with at Partsexpress. He seemed skeptical about the message
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Matt
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#245423 - 07/01/2005 15:19
Re: Another bogus Trademark dispute: Monster Cable
[Re: Dignan]
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addict
Registered: 23/12/2002
Posts: 652
Loc: Winston Salem, NC
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Quote: He seemed skeptical about the message
I can't imagine why.
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#245424 - 07/01/2005 15:56
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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addict
Registered: 24/08/1999
Posts: 564
Loc: TX
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Interestingly, this page is now has a "check back soon" message.
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the chewtoy for the dog of Life
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#245425 - 07/01/2005 16:43
Re: Another bogus Trademark dispute: Monster Cable
[Re: Dignan]
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carpal tunnel
Registered: 20/12/1999
Posts: 31597
Loc: Seattle, WA
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Quote: Official reply from the president of Monster Cable here.
Um, wow. That's straight shooting, there.
Okay, so I don't have any problem with their trademarks now.
Still doesn't change the fact that they charge way too freaking much for bits of cheap wire.
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#245426 - 08/01/2005 03:51
Re: Another bogus Trademark dispute: Monster Cable
[Re: Dignan]
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carpal tunnel
Registered: 08/07/1999
Posts: 5549
Loc: Ajijic, Mexico
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Official reply from the president of Monster Cable here.
Well, what did we expect him to say?
I will withhold judgment pending revised information from Snow Monster's website. Their original claims against Monster sounded plausible...
tanstaafl.
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"There Ain't No Such Thing As A Free Lunch"
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#245427 - 08/01/2005 07:09
Re: Another bogus Trademark dispute: Monster Cable
[Re: tanstaafl.]
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carpal tunnel
Registered: 08/03/2000
Posts: 12338
Loc: Sterling, VA
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I agree. The response is such an advertisement. He spends the first half of the response repeatedly saying "we're not suing anybody, look how much we like children and how great it is that I'm an entrepreneur." Yeah, it's great that he's done all this from nothing. That doesn't mean I'm convinced by his line. I think he's taking a page from the current book of spin by simply saying stuff and hoping people accept it as true. All I know is that he's a little less convincing than the sources that we've been seeing here.
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Matt
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#245428 - 08/01/2005 16:11
Re: Another bogus Trademark dispute: Monster Cable
[Re: Dignan]
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member
Registered: 19/03/2002
Posts: 144
Loc: Florida, USA
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from my understanding, trademark law says you must actively protect your marks. It doesn't give them carte blanche to issue blanket legal threats to anyone using a single word from the mark in most cases. Especially when the mark contains words as generic as 'Monster'.
If someone was marketing "Monster Wires", I could understand that. This prick is putting a spin on all of this to make it sound like it's legal behavior. It isn't..
He also says that they weren't going to sue Snow Monsters, oh ok. They were however trying to get them to sign a document handing off the rights to the Snow Monsters name, and had the audacity to state in that document that there would be licensing fees that Snow Monsters would have to pay to them to use the name. Nice. Real nice.
Edited by shadow45 (08/01/2005 21:23)
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::: shadow45
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#245429 - 16/01/2005 02:21
Re: Another bogus Trademark dispute: Monster Cable
[Re: hybrid8]
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carpal tunnel
Registered: 08/06/1999
Posts: 7868
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#245430 - 16/01/2005 19:39
Re: Another bogus Trademark dispute: Monster Cable
[Re: drakino]
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carpal tunnel
Registered: 12/11/2001
Posts: 7738
Loc: Toronto, CANADA
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The untruth they're talking about was the product of some online discussions on other BBSes. The original letter posted by Snow Monsters didn't claim anything false, it just explained how Monster Cable Products had issued them a threat and their legal staff had attempted to bully them.
This is classic misdirection, as the issue at hand here isn't so much the filing of a lawsuit as it is the threat of doing so. Monster Cable has indeed had contact with a number of the companies it has asked the USPTO to "hold" on. Such news have been published by numerous sources.
I agree with protecting one's trade and service marks. But it's not worth damaging the reputation of your company by doing so in an almost frivolous manner. Attacking companies so far removed from the industry with such unrelated marks that no one would ever confuse products or services and which would certainly not dilute the good will nor "brand" of the supposed "established" marks. These games have hurt the Monster Brand in my eyes - and in the eyes of many other consumers. Brand is strictly in the eye of the beholder, and fr a company like Monster, it accounts for a large part of their equity. Dangerous games to be playing.
Bruno
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#245431 - 18/01/2005 19:53
Re: Another bogus Trademark dispute: Monster Cable
[Re: drakino]
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addict
Registered: 24/07/2003
Posts: 500
Loc: Colorado, N.A.
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Begs the question of whether the whole thing was a ploy by the small Durango company to piggyback on Monster Cable's growing, NEGATIVE 'net image/PR, doesn't it?
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-- DLF
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