And were back....
(MC Quote)
"5) Wrongful accusations made by Monster Mini Golf.
We have never sued the Chicago Bears. We have not filed 400 lawsuits. We do not
pick on small business, as we are also a small business. We don’t like lawsuits any
more than any other company, and don’t like spending money on attorneys, especially
considering the current economy."
(MMG Response)
Ya got me here. They are correct in that they haven't "Sued" over 400 companies. The correct term for what they have done is "Opposed" them, not sued them, and that was enough for the majority of them to have backed down and surrendered their names voluntarily, avoiding the ugly and expensive suits, which are reserved for a much smaller group of people who don't back down.
So yes, it's true, "Opposed" would be the accurate term. Want to see the list? Get your reading glasses on, it's a LONG one. Click the following link for details straight from the USPTO's website detailing case for case, ALL of the companies that MC has......"Opposed", is it fair to say the USPTO's list is accurate, and not a "wrongful accusation"?
(Enjoy it!)
-Patrick Vitagliano
http://ttabvue.uspto.gov/ttabvue/v?q...=&pn2=&cop=&cn
Let's tackle number 6, shall we?
(MC Quote)
"6) We want to end this lawsuit as much as anyone.
We have made many overtures of a very very inexpensive licensing arrangement to
Monster Mini Golf which would allow them to use the name, while at the same time
keep our trademark rights intact. They refused, so we had no option but to file a
lawsuit. Monster Mini Golf can easily avoid the costs of a lawsuit, and save everyone
time and money if they would license the mark at very little cost to them, and a
fraction of the cost of a lawsuit. They already charge their franchisees for the license,
so it would be already built in to the price. We are working with their attorneys to try
to settle this to everyone’s satisfaction."
(MMG Response)
I wholeheartedly believe MC when they say they want to end it as much as anyone. Arguably, MORE than anyone, as the massive outpouring of letters that I've seen, documenting their customer base jumping ship in droves has GOT to have a dollar value to it, right? (And I only speak of the ones that the authors were kind enough to send us) Of course they want it to end, as it appears (as a wise man once said) that they've "Stepped in ****".
As for the offers that they describe as "at very little cost" to us, I talked about that earlier, and don't need to go down that road again, but I will say this........Hypothetically, even if they offered "No Cost" license agreement, the fundamental problem is not the cost, it's the LICENSE AGREEMENT! HELLO????? Are we glossing over the fact that it has to start with US signing over OUR name to you????
THE USPTO GRANTED OUR MARKS, because THEY felt that there was no likelihood of confusion between us, and the 400(plus or minus) other "Monster" marks in use in commerce already, regardless of ownership. Yes, that's right, they granted our marks. YOU opposed them, and have been doing so for over a year, and when we didn't cave, you filed suit.
We shall defend to the death, as we believe that fundamentally, the USPTO would not have granted our marks in the first place if there were indeed a "Likelihood of confusion".
Amen.
-Patrick Vitagliano
Stay tuned boys and girls......More to come!
And that brings us to number 7....
(MC Quote)
"7) Corporate Bully?
It’s important to note that we are not some gigantic corporate bully as portrayed. We
are also a small company with a great culture, still family owned with 500 employees
in Brisbane California. We are not a public company with deep pockets. It’s not
inconceivable that Monster Mini Golf could exceed the reach of Monster Cable with
the trademark of Monster. You can come to our web site to meet the Monsters,
www.monstercable.com.
Below is a more thorough explanation with lots more details, but we thought that it
was necessary for us to explain the entire picture before anyone passes judgment on
our company or our actions."
(MMG Response)
You know, it's funny, but in four years, the entire combined gross income of all of our companies combined totaled around 1.6 million dollars, which is an average of around $400,000. per year gross. (Net profit is another story all together, and is MUCH less, and mostly reinvested)
Yet, in item 1, (remember item 1?) Noel tried to convince you that WE were NOT a mom & pop, but a national corporate entity, selling franchises coast to coast, blablabla.....
Now, just a few pages later, flipflops, and tries to convince you that his (rumored) $400 MILLION dollar per year company is actually the harmless mom & pop entity. He can't have it both ways.
Let's take a moment to reflect on this shall we?
Noel, $400,000,000.00 is rumored to be your companies annual gross, (Noel, can you please confirm or deny this rumor?) which is roughly 1,000 times our annual gross.
We've seen arial photos of what is rumored to be your sprawling CA estate, we rent an apartment.
You are rumored to have a collection of 53 exotic sports cars, some which cost more than the average home, (Is this true Noel?) We drive a 2005 escalade, which we bought used, and have a 6yr note on. We love it, and will continue to make our payments, and we consider this 4yr old gas guzzler an extravagance that we've earned.
You spend an enormous amount of money each year on "Legal" expenses, opposing smaller companies and forcing them into settlement, have an IN-House legal department, and while you may not have "Sued" 400 companies, you have sued some, and you are currently suing us.
We have never sued anyone. Ever. In fact, the most we've ever spent on legal, is what we have been forced to spend fending off your vicious attack.
So before you tell the world that you are not a "deep pocketed" company, or try to pass yourselves off as a loving, caring, family organization, while simultaneously trying to paint US as corporate giants, please take a long hard look in the mirror, and at your lifestyle as it compares to ours.
Diana Ross is playing your private party this year. (Enough said?)
You should be proud of the empire you've built, as for the most part, (as it pertains to cables) you've earned it.
You don't need to take the one we are attempting to build. We do realize that in an increasingly wireless world, that there must be pressure to diversify into other fields, or risk becoming irrelevent, but conquering the weak is somewhat of a dictator move, and dictators have been generally frowned upon throughout history.
We truly don't know how you sleep at night, but I'm glad that the general public will have the chance to read both sides and make their decisions about our respective companies.
Good evening sir.
-Patrick Vitagliano
So there you have it, our personal responses to all seven of their positions. Now, both sides of the story is officially out there for all to see.
Once again, we thank all of you for your time, support, and interest in this matter, it is greatly appreciated.