Monster Cable is Back! Sues Mini-Golf Company

[MonsterMiniGolf]

OK, I want to point out what we are witnessing here......
Monster Cable just said......"we have already decided to not pursue action here as we determined that use here is not an issue."

Now, if this is true, (and I can't believe I'm about to throw MC a bone....)this is exactly what we are fighting for.
Let me remind everybody, our goal here is not to destroy MC, but to get them to see the error of their ways and rejoin the human race. If they have "decided" not to go after "Creative Monster Productions", it means they are capable of change and rational thought afterall. (We all remember the Grinch, right?)

We made an offer to them, based on a statement that they made, about a week ago. (I'll repost it) That offer was an olive branch of sorts, and if they take it, that will be one step toward what we see is a three step resolution process with MC and MMG.

Let me just say publically, that if MC does take our offer and works toward making amends for the damage they've caused us......that in the spirit of forgiveness, I believe that we, as well as the audio community in general will guardedly forgive (not forget), and work with them to help restore their tarnished public image. I know I can't speak for everyone, but change has to start somewhere.

I'll repost our offer.
-Patrick

 

[MonsterMiniGolf]

Esross,
Earlier you said....
"Monster didn't start this -- the Monster mini-golf franchise tried to apply for trademarks Monster already had. Monster simply responded in an attempt to protect its brand -- just like any responsible company."

Let me make this easy......if what your saying is true, and applications for marks you "already had" is the ONLY reason you are fighting to "protect" your brand, then we propose you put your money where your mouth is......

Of the variey of marks we applied for, (monster entertainment, monster family entertainment centers, etc...) we are ONLY intersted in one...."Monster Mini Golf".
Now, we can all agree that "Monster Mini Golf" is a mark that we can say with 100% certainty that you DO NOT "already have", right? So how does this sound......

-We (MMG) will happily abandon EVERY pending trademark application we currently have pending, except the ONE mark that we all agree you DO NOT already have, "Monster Mini Golf".

-In return, YOU drop your opposition to that ONE mark "Monster Mini Golf", and allow us to register it.

This is an opportunity to move forward, based on your own words. It's a simple yes or no, and it will give you a chance to show the world that what you said earlier today was not a lie.

So, we're all listening, Yes or No?
-Patrick Vitagliano

Erik, you made a statement earlier, and if it was true, this offer will solve what you said was MC's problem. I can't help notice that this offer has been conspicuously ignored, even though you remain active on this board.
If your statement was a lie, just keep ignoring this post, and we'll have our answer.
If it was true, then you'll take us up on this offer, which will be the first step toward peace with MMG, and toward showing the world you are human beings.
We can involved lawyers later, writing up the details and such, but this was an offer that was made publically, and we want answered publically.

The whole world is waiting......
Yes or No?
-Patrick

 

[esross]

Hello Patrick and Christina, Erik here again with another message from Monster Cable.
============
Patrick and Christina,

Our goal, as with every company across the nation, is to protect the
trademark that we have been building for 30 years. It is not our
intention to hurt anyone. And this, clearly, is hurting us both. And above all, we value the opinion of our customers about our brand.

Therefore, we agree to the terms you outlined in your message of
12/16/2008 at 10:56am on the Audioholics forum. Those terms were:
-'We (MMG) will happily abandon EVERY pending trademark application we
currently have pending, except the ONE mark that we all agree you DO NOT
already have, "Monster Mini Golf"'.

-"In return, YOU drop your opposition to that ONE mark "Monster Mini
Golf", and allow us to register it."

We look forward to resolving this through proper channels, with
paperwork, as soon as possible. We are contacting your attorneys to do
so.

No doubt, there will still be those that do not agree with how
trademarks are protected in this country. If Monster Mini Golf receives
this trademark, you will now have to protect it in the same
way.

Respectfully,

Noel Lee
=============

 

[WmAx]

No doubt, there will still be those that do not agree with how
trademarks are protected in this country. If Monster Mini Golf receives
this trademark, you will now have to protect it in the same
way.

Respectfully,

Noel Lee
=============

The problem is how YOU try to protect your trademarks - you go BEYOND your legitimate trademarks. From what I can discern, there are very few companies that use your level of aggression and make such frivolous attacks. Your problem is thinking you can take over the right to exclusively use a common English word.

I'll never buy another one of your products. Ever(unless you redeem yourself; see below). I'll be sure to educate everyone I can on your ridiculous behavior.

Want to redeem yourself? Okay, you can do it....

Drop the aggressive behavior and release all of the companies you are extorting or have extorted; release their rightful names/marks back to them, and cease taking your extortion fees(sorry, trademark licenses) and refund all of those that you have already taken.

Of course, you have probably bought an extra BMW or something with the extra pocket change you have received from these so-called licenses, so I doubt you want to, nor will you, return their money.

BTW, as it is clear that you have NO respect for anyone or any company, it is blatantly insulting for you sign off as, "Respectfully, Noel Lee". From you, this seems extremely condescending and arrogant.

-Chris

 

[markw]

Pat and Chris. Listen carefully.

I know that you agree in principle to what just went down, but be careful before responding here.

Make sure that all dealings, offers and/or acceptances are done in writing and have a competent attorney review anything that goes on henceforth before agreeing to anything.

I know it sounds good, but you know who and what you're dealing with.

Again, be careful what you say here. You may be in a better position than you think.

 

[jinjuku]

Hi there MonsterMiniGolf, this is Erik posting on behalf of Monster Cable. I responded to the fellows from "Creative Monster Productions" on Gearslutz. Unfortunately, because I'm a n00b here I can't share the link, but I've copied and pasted what I wrote there below my message:

"Hello Scrantch, Erik here writing on behalf of Monster Cable. I checked with our legal department and wanted to shed some light on this for you and the gang here.

First, Monster has not challenged this trademark, and we checked the USPTO records tonight ourselves to ensure that. Our law firm did file a "Request for Extension", a common procedure requesting that the USPTO provide Monster's attorneys additional time to review the application and research the company to determine if an opposition is warranted. Again, this is common and in no way puts the trademark application in jeopardy.

Also, although the "Creative Monster Production" trademark has not been awarded (according to the USPTO tonight), we have already decided to not pursue action here as we determined that use here is not an issue.

So, to clarify, we are not opposing your mark, and we have no intention of opposing you in future on this mark.

Please don't hesitate to contact us directly in future if you need information or clarification."

So 'Creative Monster Production' won't cause brand confusion, but 'Monster Mini Golf' does?

Can I have some of what MC is smoking? The real reason that MC isn't opposing this is because (drum roll please) you can't take any more heat than you have RIGHT now.

 

[jinjuku]

I know that you agree in principle to what just went down, but be careful before responding here.

Make sure that all dealings, offers and/or acceptances are done in writing and have a competent attorney review anything that goes on henceforth before agreeing to anything.

I know it sounds good, but you know who and what you're dealing with.

Again, be careful what you say here. You may be in a better position than you think.

Mark,

They are in a terrific posistion. MC does not want this going to trial. GET YOUR LEGAL FEES BACK!

 

[MatthewB.]

Noel Lee's letter is a sham, they agree but with the caveat that they get to license the name Monster Mini Golf. WTF?!? This is what MMG wanted to do all along was continue their use of their name and now MonsterCable says they agree to the terms as long as MonsterCable can have custody rights to the name. What a hunk of BS. But I am to be happy that they won't sue Creative Monster. But will sue MMG because of brand name confusion. Seriously what the F are you guys over at Monster Cable smoking and can you share so I can better understand what you are all trying to accomplish.

I also agree that I refuse to buy any more Monster products ever. I used to be miffed two years ago when I heard about what Monster Cable was doing with these frivilous lawsuits. Now I am just ticked off honking mad and am shameful for the thousands I have already spent on MonsterCable products.

Noel Lee, you can lick my left one over this.

 

[esross]

Noel Lee's letter is a sham, they agree but with the caveat that they get to license the name Monster Mini Golf. WTF?!? This is what MMG wanted to do all along was continue their use of their name and now MonsterCable says they agree to the terms as long as MonsterCable can have custody rights to the name. What a hunk of BS. But I am to be happy that they won't sue Creative Monster. But will sue MMG because of brand name confusion. Seriously what the F are you guys over at Monster Cable smoking and can you share so I can better understand what you are all trying to accomplish.

I also agree that I refuse to buy any more Monster products ever. I used to be miffed two years ago when I heard about what Monster Cable was doing with these frivilous lawsuits. Now I am just ticked off honking mad and am shameful for the thousands I have already spent on MonsterCable products.

Noel Lee, you can lick my left one over this.

To clarify, folks, we are agreeing to exactly what MonsterMiniGolf asked for -- please read their message more carefully. We're not trying to confuse anybody or wordsmith or anything like that, so apologies if the language came off that way.

 

[KurtBJC]

Christina and Patrick:

You are my heroes. I am very, very happy to see that you are almost there...now, let's hope that you can keep up the pressure and get counsel fees out of MC. It takes real guts to stand up to bullying like you have, and right now I can see that I'd hate to be stuck in a match of nerves against you two.

It's well to remind people, though, that this is not over. MC still has not paid one dollar of compensation for the misery, expense, and diversion from your core business that its actions have caused, and MC has still not promised to refrain from trying to overextend its trademark reach in the future. The good news is that MC is running backwards as fast as it can to repair the harm it has done to itself; and if MC has any sense of justice and fair play left, the next message from Noel Lee will be a promise to pay your legal bills.

Kurt
Blue Jeans Cable

 

[MonsterMiniGolf]

Christina and Patrick:

You are my heroes. I am very, very happy to see that you are almost there...now, let's hope that you can keep up the pressure and get counsel fees out of MC. It takes real guts to stand up to bullying like you have, and right now I can see that I'd hate to be stuck in a match of nerves against you two.

It's well to remind people, though, that this is not over. MC still has not paid one dollar of compensation for the misery, expense, and diversion from your core business that its actions have caused, and MC has still not promised to refrain from trying to overextend its trademark reach in the future. The good news is that MC is running backwards as fast as it can to repair the harm it has done to itself; and if MC has any sense of justice and fair play left, the next message from Noel Lee will be a promise to pay your legal bills.

Kurt
Blue Jeans Cable

Kurt,
What we are preparing is a 3-point plan for repairing relations with MC, and ultimately helping MC see the human side of their actions. Stepping up to the plate on these 3-points will give them an opportunity to show the world that they are human beings, capable of listening to reason.
It is the holiday season. Remember, it worked for the grinch, and we believe that there is good in everyone.

But you are correct, this is only phase 1 of this plan, and there is still a very big mess to clean up, which I'll get to later today.
As for their last post, I will do them the courtesy of addressing it separately, rather then tagging it you the end of your response.
-Patrick

 

[MonsterMiniGolf]

Hello Patrick and Christina, Erik here again with another message from Monster Cable.
============
Patrick and Christina,

Our goal, as with every company across the nation, is to protect the
trademark that we have been building for 30 years. It is not our
intention to hurt anyone. And this, clearly, is hurting us both. And above all, we value the opinion of our customers about our brand.

Therefore, we agree to the terms you outlined in your message of
12/16/2008 at 10:56am on the Audioholics forum. Those terms were:
-'We (MMG) will happily abandon EVERY pending trademark application we
currently have pending, except the ONE mark that we all agree you DO NOT
already have, "Monster Mini Golf"'.

-"In return, YOU drop your opposition to that ONE mark "Monster Mini
Golf", and allow us to register it."

We look forward to resolving this through proper channels, with
paperwork, as soon as possible. We are contacting your attorneys to do
so.

No doubt, there will still be those that do not agree with how
trademarks are protected in this country. If Monster Mini Golf receives
this trademark, you will now have to protect it in the same
way.

Respectfully,

Noel Lee
=============

Erik,
Please let Noel know that he can consider this an "E-Handshake" in acceptance of the aforementioned proposal.
(Obviously, from here, this first agreement will go to each parties counsel for legal purposes.)
While we still have a long way to go, and the battle continues to rage on, we do believe in taking this first step toward resolution, that we might eventually achieve peace.
We'll announce our offer for "Phase II" later today.
-Patrick & Christina Vitagliano
We'll announce

 

[esross]

Erik,
Please let Noel know that he can consider this an "E-Handshake" in acceptance of the aforementioned proposal.
(Obviously, from here, this first agreement will go to each parties counsel for legal purposes.)
While we still have a long way to go, and the battle continues to rage on, we do believe in taking this first step toward resolution, that we might eventually achieve peace.
We'll announce our offer for "Phase II" later today.
-Patrick & Christina Vitagliano
We'll announce

I'll pass on your message, thanks Patrick & Christina.

 

[jinjuku]

To clarify, folks, we are agreeing to exactly what MonsterMiniGolf asked for -- please read their message more carefully. We're not trying to confuse anybody or wordsmith or anything like that, so apologies if the language came off that way.

What about their ~$200K in fees? You're just going to wash your hands of this and say: Sorry about all the money we cost you, better luck next time?

Puhleaze...

 

[sitting_duck]

I just want to put things in a different perspective.

In today’s economy, what it cost monster mini golf in legal fees, I could buy a house. All this over a word.

 

[MonsterMiniGolf]

Baby Steps

What about their ~$200K in fees? You're just going to wash your hands of this and say: Sorry about all the money we cost you, better luck next time?

Puhleaze...

Jin,
We are taking a "baby steps" approach to complete resolution.
We will make an official offer detailing "the next step", a bit later today, and the ball will be in their court as to whether they want to continue this public and exhausting battle, or whether we can get even closer to complete resolution.
-Patrick

 

[Milo Toll]

Protecting ones trademark and aggressively attacking are two very different things.

If you were so concerned about ANY one and I obviously mean ANY one using a word in your company name, you would have thought you’d of had the common sense to make up a word, like Xerox or Kleenex but instead you choose a word that has been in the dictionary for centuries. Google (and I give them props for naming it "Google" instead of "Search here") the word, Monster, and it returns 161,000,000 results.

You and your ego should have thought about this prior to naming your company. Taking it out on these people just makes you look bad. You really need to make this right to move forward in life.

 

[MonsterMiniGolf]

Part II

Noel,
While the lawyers cobble together the specifics of the agreement we made earlier today, let's move on.......
We are glad that you’ve stepped up to the plate, and are making the effort to resolve our differences, one by one.
Though there is still a long way to go, by taking that first step, we firmly believe that complete resolution of this situation is achievable.
Now that one bridge has been crossed, we feel the next hurdle is ending the war and cleaning up the mess. Here is what we propose…..

MC cleans up the mess that it has made, and get’s MMG back to “Zero”.
What this means is;

*MC reimburses MMG for all of their legal fees and expenses including both the lawsuit, and the legal fees accrued as a result of your trademark oppositions. To be clear, getting our company back to “Zero”, is meant specifically in the financial sense ONLY.

*MC agrees that last week's "dismissal" of the lawsuit is a permanent dismissal, and agrees that it will never be re-filed, amending the legal language to reflect that. (The way your motion is written currently, as you well know, gives you the right to re-file your lawsuit at will.)

(Please note, in the above proposition, we are NOT asking for damages, reimbursement for time spent in the last two years, no compensation for the mental, physical and emotional pain that we have suffered, and not one single penny of profit. These are damages that can never be undone, and scars that will never disappear. The above, only addresses the actual monetary expenditures we’ve been forced to incur as a result of your actions.)

In return;

*MMG will remove the current, ongoing Ebay listing.

*MMG will remove the “Bully” page on our website.

*MMG will cancel any efforts that may or may not be in place currently for any sort of public demonstration, protest, or other actions that could have potentially been publically embarrassing for MC at CES, NAMM, or any other show or venue, and will agree to eat any expenses that may or may not have already accrued in preparation for such an event. Additionally, MMG further agrees that this will include any future acts of public demonstration as well.

*MMG will not proactively engage in any advertising, paid or unpaid, where MC’s name would be used or alluded to by MMG in any disparaging manner. MMG will also cancel any such media that may or may not already be in place and/or scheduled to run, air, or otherwise see the light of day.

*Both parties will agree that the past is the past, and what’s been said so far is already out there and cannot be undone, but will keep all future conversations and comments of a “Neutral” nature.

Let us make it clear that this does not make us friends.
It is as if you took a knife and cut a gaping wound in us, then later decided to pay for the stitches. It does not make us friends, it does not erase the wound, the pain or the suffering…..it just stops the bleeding, leaving us with a scar.
Much damage has already been done, and it is something we will never forget.
This just gets us one step closer to complete resolution, and ending this ongoing campaign so we can both get on with our lives.

Please let us know what you think of this "Back to Zero" approach to resolution, and if it's something you are willing to discuss in an effort to end this, and show the world that MC actually has a "human" side.

We will look forward to your response.

-Patrick and Christina Vitagliano

 

[MatthewB.]

MonsterCable the world and your proper response are waiting.

 

[boxinghris]

We will look forward to your response.

I think we all will.

Monster Cable's reputation has been severely damaged over the last few weeks as their over aggressive tactics have found a much wider audience than those of enthusiasts who frequent specialist forums such as this and others.

While 'we' recognise that whatever happens now, Monster's reputation is permanently sullied and Noel Lee's in particular, reimbursing Monster Mini Golf's legal fees would probably restor Monster Cable's reputation among the core of it's customers and would also probably attract a similar amount of positive media attention as there has recently been negative.

Joe Public won't know of Monster's previous history so they'll be more forgiving than 'us' if the one instance of strong arm tactics is put to rights.

My advice then to Noel Lee is to use the legal system only to defend his company when it is under threat of having it's logo/name diluted or sullied, and to abandon what is clearly a policy of trying to extort from anyone whom your legal team recognise as being in the radar; it's not big and it's not clever.

Furthermore, please do not insult the intelligence with patronising letters/posts explaining how what you're doing is simply protecting....blah...blah....
We read your explanations and they simply don't hold water as I'm sure most of us understand why companies must protect their marque and most of us understand this isn't what you are doing.