Monster Cable is Back! Sues Mini-Golf Company

[ddawg1130]

LOL... this is ridiculous.

But seriously this cracks me up. I remember several years ago i googled "ridiculous law suits" and came up with a list that included:

-Man buys an RV, gets on the highway sets cruise control, goes to back to make coffey. RV crashes. he sues and wins something like $250k and a new RV.

-Man sues neighbor because neighbors dog bit the man. The jury awarded the man $10k instead of the asked for $16k because they felt the dog might have been provoked as the man was shooting it with a pellit gun before entering the neighbors yard.

-Women sues because she slipped and fell on a spilt drink at a diner. The drink she slipped on was hers that she had moments before threw at her boyfriend.

-Women sues nightclub because she broke her nose while trying to climb out the window in the womens bathroom to avoid paying the tab.

-Man sues a familly because he cut himself on broken glass. Oh yeah, the glass was broken cause the man was a burglerer who broke the window breaking into their house.

Now mind you, these were all lawsuits that won.

I now have come to the conclusion that Monster Cable is my new #1 in the list of ridiculous lawsuits (even if you didn't win and walked away that just makes it all the sadder). Wow am I glad I saw this and know to never buy any of your over-priced stuff ever again. Also glad that I am the go-to person in my familly and my gf's familly for advice on all things AV/electronics related.

how pathetic could a company be. You know, I took a patents class and we read a patent that was held by sony that basically claims a technology for the transfer of information from one server to the next based on .... I can't remember the specifics but the patent is one that covers THE INTERNET. Sony, wisely, got this patent as a defense so nobody could sue them for infringement. However, I'm very glad that they weren't run by the same idiots that apparently run Monster Cable. Maybe Monster Cable should take a bit of advice and follow the lead of the multitude of better companies out there, unless you trully do want to be seen as that special word that you are sueing a MINI GOLF COURSE over.

/rant off

 

[esross]

Ddawg, before I begin, I want to say that I also work for Monster along with Pangritt.

I'm sorry you feel the way you do, but I hope you'll take a moment to consider something. Trademarks are critical for businesses and people alike, and if you don't try to protect them, they can become genericized (check Wikipedia for the entry about genericized trademarks -- it is pretty useful here).

If a brand name becomes genericized, literally anyone can create products using your brand name, and all the money and time you spent developing your brand go down the drain. The only way to keep that from happening, from a legal standpoint, is to take official steps. Steps like meeting the offending party and asking them to stop...or, unfortunately, lawsuits.

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.

Regardless, despite the inaccurate things said about us by the mini-golf folks, we dropped the lawsuit and extended an offer to them. You can read all about it at our Monster Truth site. I'd give you a link but I'm still too new to do so!

I hope you'll give us the benefit of the doubt by checking out our position. Thanks.

 

[jamie2112]

esross, same ol song and dance from you all. You have been bullying smaller companies for years with your unfounded lawsuits. BJC is just one you couldn't push around. MMG has gained some ground getting the word out about your bullying and it is starting to pick up speed. Too late you have already done damage and should make good and reinburse MMG for all they have put out of pocket because of your company. I myself KNOW your claims are bogus about your cables they are no better than wire you can get at Home Depot. All the fancy wrapping and misleading displays in certain stores is enough to win you all uninformed end users. I am doing all I can to educate my fellow compadres in the pro audio world and low and behold I am making serious headway spreading the word. Best of luck to you but I really hope its too late to stop the outpouring of bad press that your company sorely deserves.

 

[gene]

pangritt and esross both have the same IP address. So unless you are cubical buddies sharing the same IP adddress, please don't post under multiple monikers. This is against our forum rules which will result in both accounts being permanently banned. thanks.

Also someone should tell Noel to get off that damned Segway, he looks like a dork always riding on it. Kinda like Michael Jackson with mask and glove thing. certainly not needed and makes the owner/rider look like a clown.

As far as I know Mr. Lee has a physical disability. Please let's not pick on someone b/c they are disabled. It's fine to question their business ethics but not their physical or mental impairments. Let's keep this civil and respectful please. thanks.

 

[pangritt]

pangritt and esross both have the same IP address. So unless you are cubical buddies sharing the same IP adddress, please don't post under multiple monikers. This is against our forum rules which will result in both accounts being permanently banned. thanks.

The entire Monster office network connects to the greater internet through a single IP address. On the other hand MonsterCable.com and related web sites are hosted remoted through a 3rd party hosting service and will show up under a separate IP. You might notice that the posts I made over the weekend also came from another IP as I was not working from the office.

Pete

 

[MidnightSensi]

Ddawg, before I begin, I want to say that I also work for Monster along with Pangritt.

I'm sorry you feel the way you do, but I hope you'll take a moment to consider something. Trademarks are critical for businesses and people alike, and if you don't try to protect them, they can become genericized (check Wikipedia for the entry about genericized trademarks -- it is pretty useful here).

If a brand name becomes genericized, literally anyone can create products using your brand name, and all the money and time you spent developing your brand go down the drain. The only way to keep that from happening, from a legal standpoint, is to take official steps. Steps like meeting the offending party and asking them to stop...or, unfortunately, lawsuits.

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.

Regardless, despite the inaccurate things said about us by the mini-golf folks, we dropped the lawsuit and extended an offer to them. You can read all about it at our Monster Truth site. I'd give you a link but I'm still too new to do so!

I hope you'll give us the benefit of the doubt by checking out our position. Thanks.

I have given you benefit of the doubt. Now hear me on please, because I'm only going to go through this once. I honestly have been very skeptical of this whole thing, because I feel that before this issue, a lot of peoples problems with your company was with pricing. Basically, you can get the same thing for cheaper. I may be the only person on here that has ZERO problem with your pricing on cables, or developing hype around a product that might not be too exciting on its own. This is business, and as long as its honest I'm cool with it. I overpay for furniture because I like the style of Ralph Lauren, I'm sure if I researched it more I could find similar designs for much cheaper, but I go with a brand name that I dig because its simply not my hobby to find furniture. Same thing for most people with cables, Monster makes a well made cable and it might be overpriced, but, if we shopped everything we wouldn't have time for our personal hobbies and not everyone is into audio. So business is business.

This ISN'T my issue with Monster. My issue with Monster didn't arise until watching Noel Lee's statement on YouTube and the statements you guys have made on here representing Monster. A prime example of a company name becoming genericized is Kleenex. It's a brand, but a lot of people call regular tissue Kleenex. Same thing with Xerox. Kevlar. I can go on. Monster, however, was a word before you guys came along. You can't genericize a name that is already generic. Monster is in the dictionary, you guys didn't put that there. So if someone wants to make a movie called Monsters, Inc. .... or a mini-golf place called Monster Mini-Golf.... there isn't market confusion. Do not respond with "we own Monster Entertainment" because Monsters, Inc. isn't Monster entertainment. You don't own the word Monster.

If you can't understand this by now, and back off of this madness, your company will be absolutely destroyed by the Internet. The best thing you guys can do right now is mellow out, back off, make your cables and protect your brand as it relates to cabling and power management, not as a all encompassing noun.

 

[MidnightSensi]

Also, I have your Monster Power Voltage Regulator Pro, the rack mount unit. It works perfect, I have everything running through it, and its built like a tank (like 75-lbs!!!). I didn't even have that big of a problem with the money I dropped on it after it was delivered, still don't other than now I'm not sure I like the idea that my purchasing it may have funded some of this.

If you guys focus on making stuff like that, I think you'll be better off. I'll pay more for consistant quality. My time isn't really valuable nickle and diming this stuff. Make isolation tables for DJs to prevent turntable rumble (a real problem in clubs sometimes because the bass shakes the cartridge), make super high quality plasma/LCD brackets (yours now sucks), make speaker stands like my M&K S-150 stands that York made (they are like 50-lbs each) that have really nice cable management and ergonomics....speaking of cable management, design some cool stuff for that, Middle Atlantic kicks your *** right now, your cable management products pale in comparison. There is so much high quality stuff you guys could make and sell that mini-golf would be a non-issue. Make people want to buy your stuff because of consistant quality. There isn't any profits to be made in trying to compete with something like Blue Jeans Cables.

 

[MatthewB.]

pangritt, I apologize, i was unaware of Mr. Lee's disablity.

Now onto other things. I watched the Noel Lee video and how he can say his company is some small little business and MMG is some giant franchise ready to take on the world is ludicris. Monster Cable generated profits in the tens of millions (and that's putting it rather mildly) and has 500 employees. heck Noel Lee hired Diana Ross to play his Christmas party and they own a friggin stadium. I saw a year ago on HGTV a special on Noel Lee's mansion at the top of a mountain with a view to die for and of course his sprawling estate with killer HT system. Oh yeah and the calvacade of luxery sports cars (each one costs more than my house mind you).

Now lets' look at MMG, the owners rent an apartment, have 23 dedicated employees and because of your company and their frivilous lawsuit they have now used all of their savings to defend themselves because the twits at MonsterCable think the general populous is somehow gonna confuse minitaure golf with a cable company. PU-LEAZE

It's like in the video when Noel Lee states that he had to go after Monster Energy Drink because he invented Monster Mints. lets' see he put a breathmint in a pretty tin box and now this gives him the right to sue any food franchise that uses Monster in it's name. I gotta call B.S. on this one. I for one when i go to 7-11 and order up a Monster Burrito (my name for a big arse burrito mind you) I am not in any way, shape or form gonna confuse that with an overpriced cable that has a lifespan of less than two years (in my experience).

I would love to see a video of Noel Lee explaining how he defends his suing of a childrens charity because of copyright infringements. The word Monster has been used well before Mr. Lee was spawned on this planet and I am sure for centuries people will still use the word Monster to describe a scary creature. Monster Mini Golf is just that, a minigolf course that features Monsters and when they came up with the idea I am 100% sure they weren't thinking, Hmmm how can we profit off a successful cable company for name recognition. You guys are well known but not that well known.

Suing everybody who uses the name Monster is pretty childish considering it was Noel who came up with the name (which BTW was used in common venicular at the time and probably helped Noel Lee come up with the name.) As far as I know, Noel Lee was probably tinkering in his garage, made his cable and thought to himself, "That is one monster size cable" and hence him copyrighting a common word was born. This does not give himk the right to sue anybody who uses the word to describe something big and scary. I can only hope that in Noel Lee's lifetime somebody countersues Monster Cable and wins big time stopping the already inordinate amount of frivelous lawsuits already out there.

Now if you'll excuse me I'm gonna drink my Monster Big Gulp, eat my Monster burrito and if I'm lucky later on take a monster dump (that is hopefully after I watch some scary monster movie on the TV).

 

[MatthewB.]

Midnight sensei, i wouldnt be too proud of those Monster Voltage regulators. I own two of them and even though they are both suppossed to have constant output voltage of 120 volts, mine constantly say 117 when attached to my Monster 3600. Seems like constant is a relative term.

 

[KurtBJC]

The Monster apologists are just getting too silly for words.

First off: yes, you do need to protect your trademarks. Nobody disputes that. That, however, is most certainly NOT what Monster Cable is doing here.

Monster Cable is trying to harvest the goodwill built by Monster Mini Golf in Monster Mini Golf's marks (and yes, I know they don't have a final registration; as you at Monster Cable know very well, that has no bearing on their ownership of the marks, which they own by virtue of their use in commerce). Monster Cable is trying to expropriate that goodwill and use it to build its case for having some sort of overarching "famous mark" status relative to the word "Monster." Monster Cable is trying to reap what it did not sow.

Now, in the endless campaign of distortions and half-truths which Monster Cable has waged against Monster Mini Golf, Monster Cable has tried to turn the tables and suggest, as Noel Lee does in his hilarious YouTube video, that it is MMG who is trying to benefit from MC's goodwill. It just won't fly. First, you know very well that MMG is not so named because of any desire to glom off of the MC marks. To even suggest that is ludicrous, yet your comedian-in-chief says as much, with a straight face, in his video. You know very well that a distinctive attribute of the service rendered by Monster Mini Golf is -- ready? -- MONSTERS. The word is incorporated in the mark because of its ordinary etymological meaning. In no way is the use or registration of such a mark an invasion of any interest which Monster Cable plausibly can claim to hold. The trademark statutes do not exist to allow the English tongue to be chopped up into a series of little commercial fiefdoms. You cannot own a word.

To see how this is so one need only consider the similar use of an ordinary dictionary word, Apple, in connection with trade. While it may be very hard, indeed, for me to get away with offering my own line of Braeburn Apple computers without the okay of Apple Computer, it is at the same time absolutely within my rights to include the word "Apple" in the mark for any product which I produce which has, as a principal, significant, or substantial attribute, ACTUAL APPLES connected with it. Apple Computer would not sue me if I introduce an Apple Soda based upon apple flavoring; Apple Computer does not sue me when I call the thing I bake at Christmas Apple Pie. That is the sort of nonsense that only a true trademark troll like Monster Cable would get involved in, and you have done it time and again.

How dare Monster Cable try to appropriate the hard work and goodwill built by Christina and Patrick Vitagliano in their business? What audacity to suggest that there is any justice, or any rhyme or reason for that matter, in this outrageous and frivolous lawsuit.

Yes, yes, yes. We have heard, ad nauseam, your asinine contention that you must defend your marks in order to keep them. Noel Lee, in another burst of comedic genius available free on video, actually seems to go so far as to suggest that the USPTO somehow has demanded that he behave in this abominable fashion. Let's put that one to rest, shall we?

Yes, you must defend your marks. You must defend them AGAINST INFRINGEMENT. Guess what? Your marks are not being infringed. Your marks are distinct from the Monster Mini Golf mark. You have never used the mark "Monster Mini Golf" in commerce, but MMG has. You have never registered the mark "Monster Mini Golf." You have no plausible claim for infringement. What you have instead is a scheme to buffalo small companies into signing over their own hard-earned intellectual property in order to be free of the burden of litigation. What a shameful and obscene abuse of the judicial process. What a wicked, sick course of conduct.

The public understands all of this. You can continue to wage this vicious war of distortion against the Vitaglianos as long as you like, but the public will still understand what is really going on. No amount of apologetics will repair the harm; you need to admit fault, back down, dismiss the litigation WITH PREJUDICE instead of holding the right to re-sue in your back pocket, reimburse MMG's legal fees, and above all, STOP doing this sort of thing in the future. The world is watching.

Kurt
Blue Jeans Cable

 

[jamie2112]

Thank you Kurt....

 

[MidnightSensi]

You know, normally I'm not a Thanks whore, but its amazing to me I said basically the same thing Kurt did but a bit more realistically and less drama-y and didn't get a single one. No offense to Kurt, who I'm happy to have on the forum. I also have no issue with Monster employees participating, although some expansion on who they are etc. would make it a lot less sketchy. I mean, are these marketing people, janitors, designers, randoms?

Midnight sensei, i wouldnt be too proud of those Monster Voltage regulators. I own two of them and even though they are both suppossed to have constant output voltage of 120 volts, mine constantly say 117 when attached to my Monster 3600. Seems like constant is a relative term.

Return it if you aren't happy or get them to fix it under warranty. Mine outputs 120.

At work we have APC units, and there are two that are inline, the first one reads 120 and then the second that is a surge protector (just to gain some extra outlets) reads 117. Is your 3600 after the voltage regulator (meaning your regulator says 120 and your surge says 117)? I find this a strange coincidence, and wonder if there is a voltage drop when putting units inline?

 

[MatthewB.]

Yeah the 3600 says 117 and is after the VR. VR says 120 but 3600 always gives me 117 (on both of em) in two seperate systems. I find it hard to believe that they are both defective considering i bought them months apart. Too late to return them bought them months ago and contacted Monster about this problem and got some BS answer about how this is normal and plugging anything into my 3600 will cause the voltage to drop. So why pay for the VR in the first place. I never gave it much thought till I get more involved with this hobby and the electrical needs of my systems.

 

[MonsterMiniGolf]

First, I want to apologize for using this board as a negotiation platform. We've made a variety of attempts to reach the elusive Noel Lee, but he continue's to hide behind his lawyers, so here we are......

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

 

[MidnightSensi]

First, I want to apologize for using this board as a negotiation platform. We've made a variety of attempts to reach the elusive Noel Lee, but he continue's to hide behind his lawyers, so here we are......

No, please do use it. This place has been boring lately. I don't even have to open threads sometimes to know what they say. While we are talking about Monsters business practices, lets not forget Behringers.

Yeah the 3600 says 117 and is after the VR. VR says 120 but 3600 always gives me 117 (on both of em) in two seperate systems. I find it hard to believe that they are both defective considering i bought them months apart. Too late to return them bought them months ago and contacted Monster about this problem and got some BS answer about how this is normal and plugging anything into my 3600 will cause the voltage to drop. So why pay for the VR in the first place. I never gave it much thought till I get more involved with this hobby and the electrical needs of my systems.

I have noticed this when plugging APC units inline also though. I guess the voltage drops by 3 volts when plugging into a surge protector? My APCs at work do the exact same thing, even down to 117 rather than 120.

 

[unreal.freak]

Is A/V all that Moster is into. I would love to know what else they have their hands in so i can quit buying those things too. I would never buy another Moster product after reading about all of the legal actions they are imposing on others. Im about to start not buying from companies who sell Monster products. Im going to tell the store managers of those stores why im not buying there anymore also. Maybe it will get a few eyebrows raised if nothing else.

Tommy

 

[MidnightSensi]

http://www.monstercable.com/famous/

Not to just rag on Monster for random reasons as well as the legit, but, these "famous" videos are a stitch. Look at the Too Short one where at the end he is like "yeah, so did I do that right? Do I get the discount/freebie on the cables now for my studio?" If I was famous I'd do the same ****. "Yeaahhh, Monster is great, big fan, ugh, using them in my studio"

They are cables, not much you can say about them. It's kind of like having a famous people testimonials for Kleenex. I'd be like "yeah, when I blow it catches all the mess... I use it for blowing my nose sometimes too."

 

[Jack Hammer]

First, I want to apologize for using this board as a negotiation platform. We've made a variety of attempts to reach the elusive Noel Lee, but he continue's to hide behind his lawyers, so here we are......

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

Patrick,

I have an idea for you. Instead of giving up on your trademarks of
monster entertainment, monster family entertainment centers, etc, at which point Monster Cable is freely able to apply for and own them, why don't you sell them the "rights" to those marks for, say $183,000?

Jack

 

[KurtBJC]

why don't you sell them the "rights" to those marks for, say $183,000?

Jack, I think that that's in one sense a very logical solution, and in another sense just a way of propagating the problem. It all depends on one's specific point of view.

The Monster Cable "famous mark" campaign consists of a sort of dirty-snowball accretion approach, in which Monster Cable really only conducts any substantial commerce in a single field, but through threats of litigation manages to acquire, by assignment, other people's marks which can then be licensed back. For each individual subjected to the threat, it can make sense, given the right terms, to accept the bargain. However, it plays into the hands of MC's overall strategy; the more marks it acquires through these means, the more leverage it has to argue that it has a wide-reaching family of marks, even though it actually does little or no commerce in the vast majority of fields those marks touch and even though the goodwill associated with those marks was none of its own doing.

Sometimes there has to come a time when somebody has the guts to say that enough is enough, and I have been really impressed with the Vitaglianos. I think they're just the sort to stand on principle, and once they do, the whole dirty snowball strategy just sort of shakes and melts itself into nothing. While such a deal might make sense--and, given the right terms, might be well-nigh irresistable--I will smile a thousand smiles if MMG stays the course and holds on to its own marks rather than selling any interest in them to MC. MC, of course, has absolutely no use for these marks, other than to support its NEXT lawsuit against some small business. I am sure that Christina and Patrick are not eager to arm Monster Cable for that battle.

Kurt
Blue Jeans Cable

 

[birdonthebeach]

Now if you'll excuse me I'm gonna drink my Monster Big Gulp, eat my Monster burrito and if I'm lucky later on take a monster dump (that is hopefully after I watch some scary monster movie on the TV).

This is my favorite quote of the entire thread....