Blue Jeans Strikes Back

S

stevensurprenan

Audiophyte
Jinjuku kinda beat me to it, and was perhaps a bit sharp I think for a first time poster here.

The problem with your readers digest version of events is that it does gloss over many pertinent components of Mr. Denke's response.

In any case, welcome to the board. Hopefully you're not insulted and stick around.
There is nothing sharp about my first time response. If you feel so then you misunderstood. I apologize for that.

About my readers digest version...

I read the entire letter as I am sure that anyone interested would also do, so I felt that there was no need to point out everything that was said.

He spent a great deal of time explaining that what Monster sent him did not prove their point. Actually he went into great detail. I would have to agree with him from the information he gave.

However, He made an attempt to intimidate Monster with issues that were outside the scope of the supposed patent infringement. That's the section that I have a problem with.

Perhaps you and others are correct that this type of posturing is necessary to win in this situation. I don't know. Frankly, I think Kurt should just inform the IRS and let them handle it from there.

I am quickly learning that Monster has had an issue with suing people who use the word monster and that is not good business. Monster is a common word used in every day speech and Monster (company) has no business claiming sole use of it. I also agree with Kurt that I wouldn't want people to equate my business with Monster (company).

Not having enough information to say much, I would think that if Monster has won court cases over this issue (monster the word) then the court system is at fault.

Assuming that Kurt is correct and there is no patent infringement, I wish him the best.

Understand too that I think the legal system is the most incompetent profession in existence and I have very little tolerance for the games they play. That's not to say that all lawyers and judges are bad, many are and many are not, but the system itself is grossly flawed. We won't get started on that, wrong forum.

Anyway, I urge everyone to read the letter themselves and make their own determination. I'm sure all of us will not see it in the same light. That's what makes us human, I suppose.

Well thanks for welcoming me aboard. Much appreciated.

I don't get my feeling hurt much. We are all adults here and are just sharing our opinions, which is a good thing.
 
jinjuku

jinjuku

Moderator
There is nothing sharp about my first time response. If you feel so then you misunderstood. I apologize for that.

About my readers digest version...

I read the entire letter as I am sure that anyone interested would also do, so I felt that there was no need to point out everything that was said.

He spent a great deal of time explaining that what Monster sent him did not prove their point. Actually he went into great detail. I would have to agree with him from the information he gave.

However, He made an attempt to intimidate Monster with issues that were outside the scope of the supposed patent infringement. That's the section that I have a problem with.

Perhaps you and others are correct that this type of posturing is necessary to win in this situation. I don't know. Frankly, I think Kurt should just inform the IRS and let them handle it from there.

I am quickly learning that Monster has had an issue with suing people who use the word monster and that is not good business. Monster is a common word used in every day speech and Monster (company) has no business claiming sole use of it. I also agree with Kurt that I wouldn't want people to equate my business with Monster (company).

Not having enough information to say much, I would think that if Monster has won court cases over this issue (monster the word) then the court system is at fault.

Assuming that Kurt is correct and there is no patent infringement, I wish him the best.

Understand too that I think the legal system is the most incompetent profession in existence and I have very little tolerance for the games they play. That's not to say that all lawyers and judges are bad, many are and many are not, but the system itself is grossly flawed. We won't get started on that, wrong forum.

Anyway, I urge everyone to read the letter themselves and make their own determination. I'm sure all of us will not see it in the same light. That's what makes us human, I suppose.

Well thanks for welcoming me aboard. Much appreciated.

I don't get my feeling hurt much. We are all adults here and are just sharing our opinions, which is a good thing.
I believe Thaedium was referring to my reply to you as being sharp far as replies go when it came to you, a first time poster.

I believe you have now seen Monsters use of the legal system to beat unsuspecting organizations over the head. These same organizations that have no interest in infringing upon Monster in any way. I still don't see how they could go after Monstervintage.com and others. Truly baffling. It really does want to make you hate them.

I wish Monster as a company would just go belly up and then away. Welcome to the site and I hope you will be an active member...
 
8

808htfan

Junior Audioholic
Denny Crane...:D

Anyway, just wanted to throw in my support for Kurt and BJC. :cool:
 
T

TomCat

Audiophyte
Tax Shelter?

From Kurt's reply:

" I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions."

Seems to me that the IRS and the Justice Department should get involved.
 
mouettus

mouettus

Audioholic Chief
I support BJC too. I never liked Monster. But the problem is those guys at futureshop and bestbuy keep selling it to people that doesn't know the real truth and are not even close to be aware of this story. Uneducated consumers.
 
jinjuku

jinjuku

Moderator
From Kurt's reply:

" I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions."

Seems to me that the IRS and the Justice Department should get involved.
Unfortunately, if anything is assured, it is the above arrangement. You have to hand it to Monster, they are quite effective at all of this. I don't think the arrangement is illegal. The IRS can't do squat.
 
MinusTheBear

MinusTheBear

Audioholic Ninja
I support BJC too. I never liked Monster. But the problem is those guys at futureshop and bestbuy keep selling it to people that doesn't know the real truth and are not even close to be aware of this story. Uneducated consumers.
What makes it worse is that the salespeople at futureshop make the majority of their commision on accessories and extended warranties. It just shows how marked up Monster's cables and power conditioners are. As much as Monster targets undeducated consumers they need uneducated salespeople to push their products. Monster's power conditioners by the way give you better high defintion pitcure quality:rolleyes::rolleyes:. Combine that with a 25ft ultimate high speed HDMI:eek: cable and your television will turn into gold:D!
 
mouettus

mouettus

Audioholic Chief
What makes it worse is that the salespeople at futureshop make the majority of their commision on accessories and extended warranties. It just shows how marked up Monster's cables and power conditioners are. As much as Monster targets undeducated consumers they need uneducated salespeople to push their products. Monster's power conditioners by the way give you better high defintion pitcure quality:rolleyes::rolleyes:. Combine that with a 25ft ultimate high speed HDMI:eek: cable and your television will turn into gold:D!
I've worked there and I have to tell you that it is very hard to draw a line between "I'm giving you the best for your money" and "I have to put bread and butter on the table". Those guys don't need to be uneducated. They just want to make a better salary. In fact, they ARE educated. They know you're paying too much. Capitalism takes over.
 
P

PAW

Audioholic Intern
Great:D You probably found it there because this predator Monster sued a ski school of some sort, something like the Monster snowangles or something. So, even skiers know about this predator company. They even go after clothing outfits.
Bankruptcy would be too good for his company. And, that off shore sham holdin may see more action, hopefully.
That was Snowmonsters. It's an fun, educational website & organization for children about skiing and riding (snowboards). It has a safety theme. It's based out of Durango, CO and associated with Durango (Purgatory) Mountian. Here's their link

http://www.snowmonsters.com/index.cfm

The lawsuit was in 2004. I remember them talking about fighting and posting info on their website. In the end, the settled and signed a license agreement. Search the web for more info (snowmonster lawsuit).

Funny, I don't see any mention of AV cables on their website.

The Monster has also sued Monster Garage. The TV show about custom cars. Maybe they used AV cables in some of the cars. I'm sure there are 100s of other also.

"Slay the Monster" dfburrell
 
jinjuku

jinjuku

Moderator
I wonder

If Morgan Spurlock would be interested in a documentary on all things wrong with Corporate greed and lawsuits with Monster as the main protagonists?

There would be NO shortage of fodder and people to interview.
 
mouettus

mouettus

Audioholic Chief
Suing someone because it shares a name that's in the dictionary is lame. That's pushin'. I wouldn't even consider an agreement. They have all their wrights, as long as they don't use the same products and the exact same name
 
I

Ixian

Audiophyte
Someone mentioned earlier about recovery of legal fees (not enough time to go back and look up who it was right now).

As I recall in cases like this, should it goto trial, the winner is entitled to have their legal fees paid by the loser so long as those fees are reasonable and properly submitted by the winning sides lawyers. This is to prevent large groups with lots of money from making a bunch of frivolous lawsuits against smaller companies until the small company can no longer afford to defend itself. To be a fair and just law though it needs to let the big company recover reasonable fees should their claim be a real one.

Hope this helps those who are interested.
 
jonnythan

jonnythan

Audioholic Ninja
Ixian, if I am not mistaken, legal fees can only be obtained in some cases. Not for all lawsuits.
 
mike c

mike c

Audioholic Warlord
mudrummer and everybody else here using the name "mike" should cease and desist from doing so.

on second thought, everybody else with the letter "m" or "c" in their name should be exterminated.

:rolleyes:

down with monster already.
 
D

DVDIT

Enthusiast
Bravo!

Well done Kurt. It's about time somebody stood up to this.....monster!!!
 
H

HTLCCEO

Audiophyte
Outstanding!!!

I, like so many other over the years have "drank the Monster Cool-Aid", and thought Monster to have the "best" cable products on the market. Oh how I was wrong.

It's very nice to see someone taking a stand (and seemingly doing it very well) against companies that look to bully other companies or individuals in unethical ways.

I do still beleive Monster to offer decent products for consumers and know that many of the people who work there are good hard working decent folks....It's just too bad that somewhere in the office, there is someone who gets paid to find ways to sue (or threaten to sue) others just to prove how big of a bully they can be.

The CE marketplace is still an incredible industry and is still growing bigger and better each year. More so with so many new companies offering new and even cometitive products. Everyone wins the bigger it gets!!

Very nice to see someone looking out for the interests of the "little guys"!
 
mtrycrafts

mtrycrafts

Seriously, I have no life.
That was Snowmonsters. It's an fun, educational website & organization for children about skiing and riding (snowboards). It has a safety theme. It's based out of Durango, CO and associated with Durango (Purgatory) Mountian. Here's their link

http://www.snowmonsters.com/index.cfm

The lawsuit was in 2004. I remember them talking about fighting and posting info on their website. In the end, the settled and signed a license agreement. Search the web for more info (snowmonster lawsuit).

Funny, I don't see any mention of AV cables on their website.

The Monster has also sued Monster Garage. The TV show about custom cars. Maybe they used AV cables in some of the cars. I'm sure there are 100s of other also.

"Slay the Monster" dfburrell

Thanks for the correction about this. :D
Yes, they go after anyone and everyone. Bully tactic to sign a licensing agreement. Then they use that to sue even more.
The Monster should be put out of business.:mad:
 
J

jamie2112

Banned
I think I love Kurt Denke, go be the "monster slayer". For all the little guys out there that are not lawyers and can't defend themselves against a big Corp. I hope you smoke them Kurt....
 
F

fmw

Audioholic Ninja
Excellent read. He's a man after my own heart. He has earned all my future business.
 
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