Monster Cable Sues Fanny Wang Over Headphones

[admin]

Could this be Monster's first (or one of their first) legitimate lawsuits, or are they blowing more hot air? Just 4-days after launch on December 14, Monster Cable and Beats Electronics (Beats by Dr. Dre) have sued new headphone competitor Fanny Wang Headphone Co. for patent and trade dress infringement. Monster Cable and Beats by Dr. Dre have also filed an injunction to keep Fanny Wang Headphone Co. from attending CES, a major consumer electronics show aimed at introducing new products to retailers and distributors around the world. This case, however, seems to be a bit unique. In fact, we think it might just be legitimate. I know, perish the thought. We're not making a statement declaratively either way, but it has some merit, erroneous points aside (for instance, the Fanny Wang packaging in no way looks similar to Beats By Dr Dre.)

Discuss "Monster Cable Sues Fanny Wang Over Headphones" here. Read the article.

 

[markw]

Any company that has the gutz to name itself "Fanny Wang" is a winner in my book. It sounds like an Oriental porn star.

 

[Warpdrv]

Cause its red..... duh....

 

[PhilCohen]

Monster Cable's lawsuits are always frivolous publicity stunts from a company that has more money & lawyers than it knows what to do with. Many of Monster Cable's lawsuits have been against businesses that have nothing whatsoever to do with audio & electronics.
All of the Monster Cable products that I own predate the company's rampage of lawsuits. I wouldn't buy their products again. The public must send a message of disapproval to them.

 

[emorphien]

Hmm this is perplexing, I don't know how to feel. On the one hand there's Monster's history with lawsuits and on the other there's the fact that this seems like it might be justified.

 

[mtrycrafts]

Not sure where this might be justified. If you follow the links, the letters at Fanny Wang, the packaging is totally different. The shape is like the similarity between RCA plugs.
I am dumbfounded why the layer's letter from Monster would diverge unto their cable's superior performance claims? Certainly testable claims that would not stand up under testing. Totally irrelevant to this case.
There may have been another silly part in there too.

Great response from FW, I think. Similar to Blue Jeans, show me the infringements

 

[TRT]

Monster lost me as a customer back when they sued the putt-putt (Monster Golf) and this suit just re-affirms my decision never to buy another Monster product as long as I live. The old stuff I had purchased went into the garbage. I'm just shocked that one of their CABLES hasn't slipped and fallen in my drive-way!

 

[flamingeye]

I see they don`t let the Christmas spirit get in there way it`s business as usual

 

[Chu Gai]

Strangley enough...

Monster does not have the balls to sue the p0rn0 website, Monster's of C**k.

 

[hifiman]

Here's a novel idea

Monster, why not focus on producing products that people want, at prices they can afford, with the quality they expect - and do it better than the competition?

Personally I don't see much similarity here, especially when you take into account that every headphone/earbud manufacturer has products on the market that are similar in looks, design, and function, to most other products of their competition. I really hate that I own a few Monster products from many years back (a few cables, and later, a power conditioner that was on a sale too hard to pass up). I've learned to despise this company.

 

[JerryLove]

I have not seen the packaging nor the adds, and so have no idea what similarities do or do not exist there.

But there are only so many ways to skin the proverbial cat. There are lots of headphones which bear a resemblance both of these. Put them in different colors and then throw them into a pile with other similar phones from BB and I doubt 2-out-of-3 people would identify these as the most similar.

If they had a similar name, if the logo was similar, if Fanny Wang hadn't gone out of their way to texture the straps, if the bands were even the same dimensions (the circles on the beats are obviously larger).

There may be more than is in the artice: but base don the article: this seems frivolous.

 

[MidnightSensi2]

From an industrial design standpoint, the designs are similar. I mean, put some Beyerdynamics or Sennheiser next to those and see how different they are.

I used to do business in China. You go to the factory and they ask you what you want to knock off, or at least show you prototypes they have already made very similar to popular brands (even if they don't directly mention that). If they already made it, or make it for someone else, then they'll happily dust off some plans and make a near copy with different parts.

That said, I've tried the Beats by Dre, and I'm not just trying to jump on the band-wagon...but they were the most painfully terrible headphone I have heard in a long time. I mean, terrible. It's no exaggeration. Just go for the listen. Yes, there is lots of bass, but the treble is so harsh that I doubt anyone with half a brain will want to have them on for a full song. Seriously, go for a listen, it's that bad.

 

[Seth=L]

Does no one remember the little boy that cried wolf?

In case you're wondering, Monster is the little boy. They have have a legitimate lawsuit here, but I'm willing to look the other way because they've been suing everyone for the past decade over frivilous nonsense.

 

[emorphien]

Does no one remember the little boy that cried wolf?

In case you're wondering, Monster is the little boy. They have have a legitimate lawsuit here, but I'm willing to look the other way because they've been suing everyone for the past decade over frivilous nonsense.

Agreed.

Also I think I like the Fanny Wang design better!

 

[Jed M]

Monster does not have the balls to sue the p0rn0 website, Monster's of C**k.

I thought that was the url to their website.

 

[mtrycrafts]

I have not seen the packaging nor the adds, and so have no idea what similarities do or do not exist there.

....

Monster Piranha's product is a closed cardboard box, no view of the product.
FW's has a clear cover on it that shows the product wrapped over something. Clearly totally different, yet packaging similarity was an issue with the Piranha.

Here is a quote from a Wall Street article:
Most patents are lengthy documents listing multiple claims that cover functional attributes of an invention. The 2007 patent cited in this suit is different; it does not cover any of the Beats headphones’ technical features, such as a signature bass-boosting audio quality that have made the product a hit in the hip-hop world. The patent has a page with a single claim, the “ornamental design” for a pair of headphones, followed by diagrams with different views of the product.
Patent infringement? Certainly nothing technical was patented

Here is the link to the package differences, half way down:
http://site.fannywang.com/ystore/images/FannyWang-Open-Response12-23.pdf

 

[JerryLove]

From an industrial design standpoint, the designs are similar. I mean, put some Beyerdynamics or Sennheiser next to those and see how different they are.

I didn't say that there was only one way to design headphones: rather that there were only a few. (Sennheiser look like oval versions of the Beats Pro)

Both the monster and Fanny Wang look a lot like the old set of Plantronics headphones I have here; both of which remind me of Koss headphones I used in the 80s.

I used to do business in China. You go to the factory and they ask you what you want to knock off, or at least show you prototypes they have already made very similar to popular brands (even if they don't directly mention that). If they already made it, or make it for someone else, then they'll happily dust off some plans and make a near copy with different parts.

Is this a patent suit over technology, or a trademark suit over brand?

If it's a patent suit I have nowhere near enough information to comment... but I understood this to be a suit alleging that the headphones were too similar in appearance and packaging and so would cause brand confusion; in which case: I don't see it.

That said, I've tried the Beats by Dre, and I'm not just trying to jump on the band-wagon...but they were the most painfully terrible headphone I have heard in a long time. I mean, terrible. It's no exaggeration. Just go for the listen. Yes, there is lots of bass, but the treble is so harsh that I doubt anyone with half a brain will want to have them on for a full song. Seriously, go for a listen, it's that bad.[/QUOTE]

 

[gmichael]

I don’t know how similar they are, or if Monster has a case or not, but I just don’t care anymore. They have sued way too many people for way to little for them to ever get my support. Good luck to the Chinese porn company, Monster Wang.

 

[Jimmy Harmon]

I was going to chime in then I remembered that I got a "D" in Intellectual Property.

 

[tmoney]

Drumming up support

Fanny Wang is taking advantage of the media here. I found the Help Fanny(TM) Beat(TM) Monster(TM) page on FaceBook.

I'm not sure what to make of it, yet. Maybe wait and see if Fanny shows up at CES.