Monster Cable Drops Mini Golf Lawsuit and Offers Compromise

[jamie2112]

I suggest ALWAYS referring to them as "Monster Cable" and NOT "Monster", else you help legitimize their brand one day filing for a Famous trademark on the word "Monster".

Great point Gene. Everyone should start doing that....

 

[MatthewB.]

I just call em "Snake Oil" and they are more than welcome to trademark that one.

 

[Manny_mmg]

Link

Sorry but I can’t post the link yet (need 5 posts). It is on page 6, item #59 of this thread; Monster Cable is Back! Sues Mini-Golf Company
Thank you for all your support,
- Manny

edited by mod: here ya go with the quote and link

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

 

[highfigh]

22 Franchises so that would be $2200 a month we would have to pay Noel Lee for a business we created. I really don't think he actually gets it.

If he had left us alone do you think people would be wandering the universe wondering how anyone could tell the difference between Monster Cables or Monster Mini Golf?

Yet now...if you ask people if they know the difference, I am guessing they will clearly answer but I don't think that it would be the answer Monster Cable was aiming for.


I truly believe in what we are fighting for and I never wish this upon anyone else. Maybe this year someone could buy Noel Lee a heart for Christmas. If I could get this man to see what he has done, heck!, I'd bring him a heart myself.

I think the only chance he has at any redemption at all is to come forward...in public, in person, apologize, pay our fees that resulted in this mess and realize that we live in a world where we really can exist all together. If he could do that, I would fly out to sunny California and stand by his side publicly and thank him. I think that is his only redemption at this point and I can honestly say that would restore my faith in believing that he is a human being….with a heart. Up till now, he’s been a 100% Grinch!

Again, to all the Who's down in Whoville, Thank you for your support,
Christina Vitagliano
Co-founder & Creator
Monster Mini Golf

I may be in CT early next year. Can I buy audio cables at your Mini Golf establishments? I would like to know if you sell Blue Jeans Cables.

Thank you.



If you actually sold cables, I could see why they would want to sue but unless tehy buy all of the companies that make clown's mouths and windmills, he needs to leave the rest of the world alone.

 

[hopjohn]

I've read a good deal on all the back and forth of Monster Cables efforts to protect their trademarks. Just recently I watched the Noel Lee video which got me fired up and is the primary reason for my response here.

Here are what I consider to be the main points to consider in this ongoing soap opera.

Firstly, the root of the problem; they should have never been granted the word monster alone to be trademarked. Its just a silly idea to allow common English words to be trademarked by themselves regardless.. While I don't understand all the legal steps to maintain it, I would think there should be a way for the trademark offices to not allow for its renewal at some point. Maybe someone can speak intelligently on that.

Secondly, Noel Lee has argued that no company would call itself monster back in 1978 when he started the company. Now, he claims, it seems everyone uses it. He attributes that to the success of his company. I disagree, I attribute a gain in popularity to the word monster used in common vernacular and consequently with more businesses as a result of Sesame Street's Elmo, Cookie, Grover, Zoey, and Telly monster's, and the general dynamic of children and monsters. It's a common theme, just as dinosaurs have become popular in that same time span. Consider the target for both Monster Mini Golf and MonsterRepublic, children right?

Thirdly, Mr. Lee makes the appeal to his customers that he is only trying to "protect the brand from being diluted", but keep in mind this same company threatened to sue Blue Jeans cable for supposedly infringing on design patents. So he wasn't attempting to protect his name there, and I think we all know that his companies efforts to wage that war was ended quickly when there was no basis to any of their numerous complaints. So it isn't as if his company has never acted frivolously. Mr. Lee's pleas that they are not looking to hurt small companies because they are one themselves, and that it is their "obligation" to protect their namesake is just a bunch of hooey. Companies are constantly making decisions on how best to be run, and frankly they have made bad ones. The numerous lawsuits have resulted in the need for them to post such responses and address this bullying situation publicly because there is concern about lost business, and with good reason.

Finally, somewhere in the video Mr. Lee talks about offering his product at "fair prices", but knowing what the margin %'s are for his cable products at big box stores, I'd hardly call them fair. So it's not enough that he bullies companies, lets not forget he helped set a trend for overpriced cables.

The bottom line seems to be the personality of Mr.Lee. His efforts have made him wealthy and he had done well for himself, but it appears to be at the expense of greed. I think this is clouding his judgment and It's a shame so many others have been made to suffer.

 

[edmcanuck]

I see that the Monstertards refuse to approve any comments on YouTube. I guess that they're all about free speech and giving little people a voice until it works against them.

 

[westcott]

I am happy to hear the Monster MiniGolf is still considering a countersuit.

As others have said, MC is not going to cease and desist until a court orders them to. Only a frivoluous countersuit is going to put a stop to this for MMG and others.

I hope that everyone continues to fight the efforts of Monster Cable and provide the funding necessary to make a countersuit possible. These funds would not only help MMG but all the small companies that may be attacked in the future if this is not put to rest legally and in a open, public court of law.

I would also ask that whoever posted Monster Cables budget pie chart during the Blue Jean Cable fiasco, to please drag it back into the spotlight. I am just recalling these numbers from memory but there budget was something like this.

Advertising = 75%
Legal = 24%
Research, Development, and Manufacturing of Cables = 1%

Do these figures really sound like a company that is serious about fair business practices and building a quality product?

PLEASE continue your financial and demonstrative support.

Happy Holidays to all my fellow Audioholics!!!!!

P.S. If you want to give more than a dollar at a time via eBay, run over to the Blue Jean Cables site to make a larger donation. It is easier and you do not have to wait. I gave $20, I challenge the rest of you to give even more.

 

[sitting_duck]

So I just got back from Best Buy. For my own curiosity I asked the sales guy “what’s up with monster cable?” He immediately distanced himself from the company, said that they were sue happy and referred me to another product. Now this is my own opinion but it seemed like he was embarrassed that he even worked for a place that sold Monster Cable stuff. When I asked him, I didn’t try to steer him in any direction. He didn’t mention anything about the quality. Just the sue happy thing. It is pretty sad when a sales guy doesn’t want to sell something. Does monster cable even know what they are doing to themselves?

 

[mike c]

So I just got back from Best Buy. For my own curiosity I asked the sales guy “what’s up with monster cable?” He immediately distanced himself from the company, said that they were sue happy and referred me to another product. Now this is my own opinion but it seemed like he was embarrassed that he even worked for a place that sold Monster Cable stuff. When I asked him, I didn’t try to steer him in any direction. He didn’t mention anything about the quality. Just the sue happy thing. It is pretty sad when a sales guy doesn’t want to sell something. Does monster cable even know what they are doing to themselves?

do you hear that Monster Cable? it would have been easier if you shot yourselves in the feet. bullets and hospital bills would cost cheaper than the harm you've done to yourselves.

just wait til more people hear about your crap and NOT buy and sell your stuff based on principle.

i recommend that you pay what you cost MMG, and crawl back into your hole and never freakin sue anybody again. (that's your only hope now)

we will reduce you to a "small company" this time for real.

 

[jamie2112]

2 words ( HE** YEAH) Mike C is totally right you might as well have stuck your hand in a hornets nest. This time people are PO'd and thats enough of your crappy buisness tactics......hehehehehehe I am laughing like a mad scientist

 

[MonsterMiniGolf]

Channel 10

Channel 10 showed up yesterday in New Port Richey, Florida and did a nice interview with the owner of that Monster Mini Golf location. It aired last night at 11am.
Here's the link if you'd like to watch or comment.

http://www.tampabays10.com/news/local/story.aspx?storyid=96289

 

[timtex]

I thought everyone might find this interesting. Its from the monster cable vs monster vintage case. Keep in mind that this was a small buisness and the woman was in a wheelchair.

 

[markw]

Pangritt, did you see this?

"A copyright attorney not affiliated with the case says the lawsuit seemed overly aggressive considering how common the word monster is.

Beau Zimmer, 10 Connects News"

Well, I hope y'all are enjoying all the free publicity and good will this is generating for your company. I wonder if all the local stations, at least where MMG has a presence, will jump on the bandwagon.

Do you think the viewers and customers of the big box electronic stores won't remember or care aabout this when they are buying wires there?

Channel 10 showed up yesterday in New Port Richey, Florida and did a nice interview with the owner of that Monster Mini Golf location. It aired last night at 11am.
Here's the link if you'd like to watch or comment.

http://www.tampabays10.com/news/local/story.aspx?storyid=96289

But it's not about money, is it?

 

[mperfct]

^^ That's unbelievable.

I was digging around in my website and found yet another gigantic post that my spam filter caught from Pete at Monster Cable. That's two posts, probably 3 pages each, that they put on my site.

From what I've read, I don't think that the Patent Office should have gave Monster Cable the rights/or mark of "Monster" by itself. It's a commonly used word. It's like trademarking the word "Buy" or "Red".

That being said, Monster Cable sure doesn't have to be so vigorous in their "defense" of their ill-acquired mark.

 

[sitting_duck]

Interesting review of overpriced wires and guess who is in it. That’s right. Monster cable. This might come in handy if you’re planning a trip to CES in the near future.

http://www.youtube.com/watch?v=tIf8HLZK6a8

 

[Kn9Sly]

I was foolish enough to buy some of their products years ago before I realized the snake oil quality of their marketing was just that. I've been toying with the idea of giving away the few I have or even selling them with the purpose of donating the proceeds of the sale to help MMG's costs of this sham.

Since learning the error of my ways, it's been almost exclusively Monoprice with a bit of Acoustic Research here and there... -TD

Nice. Yeah I knew a guy who swore by monster for years, until he realized he was paying 200 dollars for the name alone.