Monster Cable is Back! Sues Mini-Golf Company

[mike c]

On Behalf of Noel Lee, the founder of Monster Cable.

I am aware of your concerns regarding the lawsuit that we filed against Monster Mini Golf, a Rhode Island-based company that franchises miniature golf establishments across the U.S. (currently 24 locations). Suffice to say we take this lawsuit very seriously and filed only as a necessary measure to protect our established trademark rights.

Regardless of what false representations have been circulated about Monster, we are not a faceless corporate giant out to squash legitimate business concerns and rising entrepreneurs. We are in fact, a family-owned company that relies heavily on our brand name and reputation in order to continue serving our customers. We have always tried to provide our customers with the highest performance products at an affordable price. While we are best known for our cable products, we also manufacture high performance accessories in business areas ranging in home theater, computing, gaming, portable entertainment and power management. To protect these business areas, we have sought and been awarded trademarks for each respective category. In addition to the areas above, in the past 30 years, we have also expanded the categories including sports and other lifestyle ventures. According to the trademark law, we must enforce our marks or we will lose them and they will become generic.

We were trying our best to avoid the lawsuit, and we are trying our best to settle the lawsuit.

We appreciate your viewpoints and hope you will review the attached documents to fully understand the facts before making judgments against myself or my company.

monstercable.com/monster_truth

Monsterously,
Noel Lee

answer these two questions:

1) do you own the copyright to Monster Golf or Monster Minigolf?

2) can you look at yourself in the mirror?

 

[KurtBJC]

I got that long *** statement too. All it did was prove that noel lee IS a bully. He is lying right to us. It actually got me even more angry. Is this guy nuts?

I thought that was the funniest thing about it. Silence would have been a better argument; all that MC did was dig its PR hole a bit deeper and wider, and illustrate just how vacant, shallow and foolish its legal position actually is.

Kurt
Blue Jeans Cable

 

[Jack Hammer]

I hate to say it but it might be better for everyone else if MC decides to not withdraw and let these to go trial. If they lose the case it sets a precident that can help others down the road. If they just back off and go away, as in the BJC incident, it makes it easier for them to keep doing what they've been doing, threatening other companies and wearing them down financially.

Jack

 

[Nemo128]

Monster Cable should be more concerned about selling a worthwhile competitively priced product and not picking on businesses in completely unrelated sectors.

Monster Cable confused for Monster Mini Golf? What next, Monster sues Sesame Street for having a Cookie Monster? Oh crap, maybe I just gave them another idea... sorry Big Bird, your number is up...

 

[Nemo128]

I thought that was the funniest thing about it. Silence would have been a better argument; all that MC did was dig its PR hole a bit deeper and wider, and illustrate just how vacant, shallow and foolish its legal position actually is.

Kurt
Blue Jeans Cable

Kurt, just wanted to mention, I tried BJC HDMI and was simply WOWed. I'm all about BJC and Monoprice gear now. Thanks for bringing competitive and SUPERIOR products to a market flooded by marketing and gouging.

 

[ahender]

Here is a link to a PDF I received from Monster Cable.

http://www.newsrx.com/temp/Clarifying_Misconceptions_About_Monster_Mini_Golf.pdf.

alan

 

[pangritt]

The Truth About Monster Mini Golf

answer these two questions:

1) do you own the copyright to Monster Golf or Monster Minigolf?

2) can you look at yourself in the mirror?

One Behalf of Noel Lee, Found of Monster Cable


Some perspective for you on your comments. Apple, EBay, Amazon, Virgin, Dial Soap, or Tide detergent have trade names. These companies vehemently enforce their marks as required by the Patent and Trademark office, or they will lose all rights to their marks, just as we would if we did not enforce them. That’s the trademark law.

We have been building our Monster marks beginning in 1978 when there were no Monster trademarks except for Cookie Monster. It took a long 30 years to get to the number of Monster trademarks that have been awarded to us. We have built up many Monster marks and have invested a lot of money in building the brand in motor sports, gaming, and other related businesses. We also have Monster Game, which far predates the Monster Mini Golf filing in the entertainment category.

Mini Golf has also filed for the “Monster” stand alone trademark that we already own in many classes. So it’s not mini golf vs. cable, it’s their trying to use the Monster mark while we already own it. We consider our Monster mark a “famous mark” and as such, can be diluted with other people using it, just as those companies mentioned above.

If they were a small family owned business, that would not bother us because the dilution is minimal. Monster Mini Golf is a franchise business that goes across 10 states, fully intentioned to go national.

Unlike us, where we have trademarks awarded to us by the patent and trademark office, they are licensing to their franchises a trademark that was never granted to them. They should at least wait until the trademark office examines their application, and looks at ours, and it is the trademark office that should decide. Visit our web site at monstercable.com/monster_truth for complete information about this issue.

By the way, we are also a family owned business. I would not consider us a huge company as we only have 500 employees. Look us up, and feel free to contact me by email. Please put in the subject line Reply to Noel so I can easily recognize it.

Thank you so much for sharing your thoughts. It allow me the opportunity to express our viewpoint with you.

Monsterously,

Noel
The Head Monster
truth @monstercable.com

 

[KurtBJC]

pangritt: I note that you're a marketing executive at Monster Cable. Given that, I'm sure you can understand how frustrating the public finds it when you are unable to produce an even minimally responsive answer to a direct question, and instead barf up a chunk of a press release sent out by a lawyer/company apologist.

Mike C asked you two questions, neither of which you have answered. How about answers? I'll give you the correct answer to one of them, and suggest a couple of possible answers to the other.

Mike C asked: "1) do you own the copyright to Monster Golf or Monster Minigolf?"

The answer, of course, is: "No. Consequently, our whole legal theory rests upon the incredibly questionable (and, to an IP attorney, outright laughable) theory that we can hold 'famous mark' status in the word 'Monster' in isolation from other terms. Since it's practically impossible to appropriate a word straight out of the OED and establish it as a famous mark, we've got pretty much no chance of ever winning that claim, but what the heck."

Mike C then asked another question: "2) can you look at yourself in the mirror?" I don't know Mr. Lee's answer to this, so you'll have to ask him. However, just to give you some suggestions, a responsive answer would look something like one of the following:

-Mr. Lee doesn't look at himself in the mirror. When you have this much money, you pay other people to look in the mirror for you; or
-Yes, but not without a crushing sense of personal shame; or
-You know, a soul-destroying dose of narcissism makes all kinds of things possible that wouldn't otherwise be.

You'll have to ask Noel, of course. Better yet: why don't you let Noel speak for himself without all the intermediaries?

But please, in the interests of discussion: if you want to have a dialogue with the public, be responsive. If you don't, then don't spam message boards with little press-release chunks. Everybody has already read, and laughed at, the press release. One apology would do you a lot more good than sixteen pages of apologetics.

Kurt
Blue Jeans Cable

 

[ahender]

Hi:

Haven't read all the threads but...

At BestBuy:

4' Monster HDMI On Sale for $110.00 (MSRP $129.99)

6' HDMI cable at Monoprice $10.00

6' HDMI cable at Blue Jeans Cable $17.95.

alan

 

[Jack Hammer]

One Behalf of Noel Lee, Found of Monster Cable


Some perspective for you on your comments....

...If they were a small family owned business, that would not bother us because the dilution is minimal. Monster Mini Golf is a franchise business that goes across 10 states, fully intentioned to go national...


Monsterously,

Noel
The Head Monster
truth @monstercable.com

If that statement is true, how do you explain going after Snow Monsters, a small local charitable organization for kids? They weren't spread across several states or franchised in any way at all. Most people would likely have never heard of them had it not been for Monster Cable going after them for having "Monster" as part of their title. Get your story straight.

Jack

 

[WmAx]

One Behalf of Noel Lee, Found of Monster Cable

While I would almost never issue a statement like I am about to... you are a truly monstrous company that really deserves no say at this point; you have proven your 'worth' time and time again.

So, on behalf of what I truly believe that most Audioholics members and all of the companies you have extorted feel, I can tell you, Mr. Lee, the scum bag Monster legal team and Monster Cable itself.... save your babbling and...


Go away, just go away and F_ _ _ yourself.

I hope to see this case go to court. I want to see judgment FOR the defendant. Setting precedent to make sure future IP claims you make will be taken as seriously as their true worth has by way of merit, which adds up to the hefty, fat figure of zero.

-Chris

 

[bandphan]

One Behalf of Noel Lee, Found of Monster Cable

is there a insta ban button

Noel Lee is a terrorist

 

[markw]

good points

I hate to say it but it might be better for everyone else if MC decides to not withdraw and let these to go trial. If they lose the case it sets a precident that can help others down the road. If they just back off and go away, as in the BJC incident, it makes it easier for them to keep doing what they've been doing, threatening other companies and wearing them down financially.

Jack

Unlike their other cases, this case does seem to be generating some interest outside of the small audiofool comunity. When/if MC loses, the whole world will be a witness and their ability to huff and puff and blow the little guy's house down just might disappear. It seems that having a legal staff can be a profitable move for some companies.

And that's thanks to the vigilance of the MMG people who decided to take a stand and back it financially. Kurt provided a good start and these guys just mioght be able to finish it off, particularly if Kurt is offering them advice.

When/if MMG wins, I would suggest one more attraction tho the MMG golf courses : A dragon slayer!

 

[birdonthebeach]

Mr. Lee, how about Monster.com? What is the story there?

From the Monster.com website:

"With approximately 5,200 employees and operations in 36 countries, Monster Worldwide has an unparalleled international reach. We have aggressively expanded our global footprint, becoming the only pan-European recruitment website in 2004, entering developing markets such as India and China in 2005, and most recently launching Monster Mexico and Monster Gulf, spanning eight countries throughout the Middle East region. "

It seems, based on your earlier post about protecting your company ("We consider our Monster mark a “famous mark” and as such, can be diluted with other people using it"), that you are in serious trouble. Or have I missed that you have already tried to sue them too? Seems this would be a considerably more legit concern. For example, is the Monster Park stadium (I think it was in San Fran) your Monster, or Monster.com's Monster? I always wondered but was never sure....

 

[Jack Hammer]

Mr. Lee, how about Monster.com? What is the story there?

From the Monster.com website:

"With approximately 5,200 employees and operations in 36 countries, Monster Worldwide has an unparalleled international reach. We have aggressively expanded our global footprint, becoming the only pan-European recruitment website in 2004, entering developing markets such as India and China in 2005, and most recently launching Monster Mexico and Monster Gulf, spanning eight countries throughout the Middle East region. "

It seems, based on your earlier post about protecting your company ("We consider our Monster mark a “famous mark” and as such, can be diluted with other people using it"), that you are in serious trouble. Or have I missed that you have already tried to sue them too? Seems this would be a considerably more legit concern. For example, is the Monster Park stadium (I think it was in San Fran) your Monster, or Monster.com's Monster? I always wondered but was never sure....

IIRC, MC went after Monster.com and reached a sealed and secret out of court settlement over the name a few years back. The Monster in Monster Park is Monster Cable.

Jack

 

[mtrycrafts]

IIRC, MC went after Monster.com and reached a sealed and secret out of court settlement over the name a few years back.

Jack

As did Disney reached a secret deal. Perhaps MC got the short end of that stick?

 

[markw]

Well, unless you see where Monster cable is mentioned on any of those sites, my guess is that, when the rubber met the road, they realized they would lose but threatened to continue to postpone the litigation with more time and money wasting motions if they told anyone about it.

But, who knows? That's the beauty of a gag order. I can't see why Monster would want one unless they lost, can you? After all, if they could run and say they won, everyone they walked up to would cave in immediately. IT would be a gold mine for them.

Morale : It pays to own your own legal staff. They get paid wether they work or not.

 

[pangritt]

Wrong Company

Mr. Lee, how about Monster.com? What is the story there?

From the Monster.com website:

"With approximately 5,200 employees and operations in 36 countries, Monster Worldwide has an unparalleled international reach. We have aggressively expanded our global footprint, becoming the only pan-European recruitment website in 2004, entering developing markets such as India and China in 2005, and most recently launching Monster Mexico and Monster Gulf, spanning eight countries throughout the Middle East region. "

Monster Worldwide is the parent company of the employment site, not Monster Cable.

 

[pangritt]

Public Proposal to Monster Mini Golf

Public Proposal to Monster Mini Golf

The internet has changed how companies like us can defend our brand and prevent the dilution of our trademarks by those who choose to infringe on them. By appealing to consumers’ emotions using mis-information and distorted truths has created a different dynamic to patent and trademark protection. The sentiment of our customers wins over our rights to protect the brand. Monster Mini Golf is attempting to trademark “Monster”, Monster Mini Golf, and Monster Entertainment in areas that we already own, so we had no choice to file a lawsuit, or otherwise suffer dilution of our mark and potential loss of the mark itself.

It’s costly to sue anyone, no one wants to do it. We have made many attempts to avoid this lawsuit by offering a simple and low cost license agreement that would allow us to protect our trademarks that we already own, and allow Monster Mini Golf to use the name for their business. They refused each time.

Through their attempts to disparage us as a greedy corporate bully, we have been wrongly portrayed as a company focused on squashing small business, when the opposite is true. We are also a small business, and have survived for 30 years. This lawsuit admittedly has caused so much misguided ill will amongst our customers, that we have no choice but to give up on it, and along with it our rights to have a judge or jury decide this conflict.

So we are publicly declaring;

1) Monster has filed papers with the Federal Court to dismiss the lawsuit against Monster Mini Golf as of Friday, December 12, 2009. We will let the trademark office decide when they review their trademark application.

2) Monster will still owns the trademarks granted by the trademark office for which we offer a license for the use of them to Monster Mini Golf for a minimal royalty of $100 per month per franchise. Monster (us) will donate and match the royalty proceeds to the following charities that Monster has supported.

The Elf foundation; Creating Rooms of Magic:
elfsystems.org/partners.html

Seg4Vets: Segways for disabled veterans
draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx

Monster Mini Golf will then have the ability to use and franchise the “monster” trademark and continue with their business, and we will have continued protection. This will save thousands of dollars in attorneys’ fees and the court’s time. Everyone wins.

This lawsuit was never about the money, our requests were always minimal. It’s about the protection of our trademarks. It’s unfortunate for anyone who owns a trademark or patent, that the wrongful and disparaging remarks of a few can inhibit companies like ours from pursuing our right to legal process.

In this country, lawsuits are a method to resolve differences of opinion. The courts resolve disputes thousands of time each day. It is not always the bad guy suing the good guy. It’s asking the court to hear the both sides and make a decision. A judge or a jury determines ones right to trademark ownership. We believe that we would win this case, or we never would have filed it. This is far from a frivolous lawsuit, we have the prior trademarks to prove it.

For all of those who have supported us during this attack on our integrity, we thank you for your support. We apologize to everyone who may have been affected by our lawsuit with Monster Mini-Golf. We apologize to our loyal customers who may have been negatively impacted and to our retailers whose customers may have been affected by mis-information. We are sorry for all of the ill-will that has been generated on both sides.

For 30 years, we have prided ourselves on making the highest performance products in everything that we do. We have millions of happy customers. With economic conditions as they are, we need to focus on our core business. We will just keep producing the great high quality products for all to enjoy and hopefully Monster Mini Golf will get what they want one way or the other.



Thanks for lending your ear,

Noel Lee

The Head Monster

Founder and Owner of Monster

MonsterTruth.com

 

[MonsterMiniGolf]

Mr Lee.....
Really? I mean.....REALLY??
After the mess you've made, and the $183,000. you've cost us so far.....
You come to this forum and ask us for more money????
$100. per month, per franchise, is $2,200. per month, and you say it's not about money?

Here's a better idea.....Leave us alone.....Live and let live.

We would like you to stop opposing the "Monster Mini Golf" mark that the USPTO already granted us.
We would then like you to reimbuse us for the crippling legal fees that we have had to accrue as a result of your actions.
Just clean up your mess, get us back to zero, and let's all get on with our lives.

You have already ruined Christmas for us, and the emotional damage that you have caused for my wife so far can never be undone. She is crying even as I write.

-Patrick Vitagliano