Thanks, everyone!!!
Howdy, all; Kurt from Blue Jeans Cable here.
First, my thanks for all the supportive comments. If you want to lend further support to the cause, the best thing you can do for us is to spread the word by talking about this online; make sure that people here and elsewhere know what's going on. As for the offer of financial donations: that's very, very kind, but we're going to be just fine here, and we're happy to carry on the fight on our own dime.
Second, I should point out just a couple of quibble-sized issues with the report. Monster hasn't actually sued us yet, nor is there a cease-and-desist order; rather, there's simply a cease-and-desist letter, which carries no legal effect in and of itself. If this does escalate to litigation, I will let everyone know; heck, I'll probably start a blog.
Third, let me tell you a bit about myself, since the fact that I'm a retired lawyer has already come up. I spent nineteen years in the practice of law, first in Philadelphia and later Seattle, after attending University of Pennsylvania Law School (class of '85). My entire practice was in litigation, most of that in federal courts, involving complex legal issues and large-damage cases (occasionally, but not often, involving intellectual-property issues). My roommate from second year is a highly-regarded intellectual property litigator, and other friends of mine include IP counsel to large technology firms; so when I have a patent or a trademark question, you can bet I know who to call. And litigation doesn't scare me; heck, I spent a couple of decades doing litigation full time.
Unless Monster is hiding the ball somewhere, the patent and trademark claims they're advancing here are flat-out frivolous. The lack of resemblance between their designs and the connectors we sell is obvious, and this looks like their typical m.o. -- go shake down the little guys and try to scare them into signing burdensome licensing agreements. Still, to make sure, I'm preparing a letter to them to request further information in support of their claims; if they're not able to produce that information and show how it relates to their claims, chances are this is a bluff and no suit is coming. However, I have met some dumb, dumb lawyers over the years, so one can never be sure a suit won't be filed just because the claims are frivolous. Suffice it to say that if they do file it, I am not one of those who "suffers fools gladly" and there is no great likelihood of my settling it; I will take them all the way to judgment. The result would likely be a decision that would put an end to their efforts to attach an overly-broad scope to their various design patents and trademark registrations.
As a rule, what happens when Monster does this sort of thing is that it gets away with it. People are terrified of litigation, especially litigation against large entities with lots of money, and that allows bullies to get away with ridiculous things. I am calm under fire, and there is nothing I hate worse than a bully. As for their size: the bigger they are, the harder they fall. Money can buy lawyers, but it can't buy merits for a meritless case.
Again, thanks for all the supportive posts. I will make sure everyone is kept abreast of developments.
Kurt
Blue Jeans Cable
