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another frivolous lawsuit from a major corporation...

skinny mike

Turbo Monkey
Jan 24, 2005
6,416
0
i don't know how many people here have heard of rock art brewery, but it's a local brewery up in northern vermont. they make a beer called the vermonster and now because of that they are being sued by the company that owns monster energy.

http://www.rockartbrewery.com/


just trying to get word out because i would hate to see a great company like rock art go under because of the greed of a corporation.
 

jonKranked

Press Button, Receive Stupid
Nov 10, 2005
62,509
8,733
media blackout
I heard about this yesterday. Personally, in this case, I don't think there's enough overlap between the names to cause confusion. Besides, one is an alcoholic beverage, the other is not. So there's pretty much zero chance that they would be beside one another at retail.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
31,199
4,466
Portland, OR
Lame, what a bunch of tards.

My favorite is still the Specialized vs. Mountain Cycle over the Stumptown CX bike.
 

CBJ

Turbo Monkey
Mar 19, 2002
11,275
1,476
Copenhagen, Denmark
Here is another one. Dole not liking negative press about their use of pesticides:

http://industry.bnet.com/food/1000812/dole-sues-creators-of-bananas-documentary/

It seems like this one ends up giving Dole more negative press and the move much more exposure than what I would have gotten if they had not been so aggressive. Unfortunately with the history of the American fruit companies they seem more to lean on the aggressive side.
 

Jeremy R

<b>x</b>
Nov 15, 2001
9,584
756
behind you with a snap pop
Tell them to rename it the Vermontster.
Get Rob Schneider to do the commercial for it.
Unless he is filming Duece Bigalow III, I am sure he is free.


"Skinny Mikester..... is drinking a Vermontster......"
 

jonKranked

Press Button, Receive Stupid
Nov 10, 2005
62,509
8,733
media blackout
One other thing I want to point out, the word "monster" was part of regular lexicon long before the energy drink came along. It isn't a new word/name for a product like Klee-nex or iPod. If anything, the brewery is in a good position, as they incorporated the term 'monster' into a new, not before used word.

There's plenty of other well known companies with the name "Monster", so I think its a pretty big load of rubbish that they are picking on a small independent firm:

-Monster Cables
-Monster.com (job search website)
-Fenway Park's Green Monster
-Monster Garage (TV Show)
-Monsters, Inc (Movie)
-Frankenstein (actual monster)
 

moff_quigley

Why don't you have a seat over there?
Jan 27, 2005
4,403
2
Poseurville
Designer friend of my wife was sued because she used the phrase "sweet pea" for some baby tees she had for sale on Cafe Press.
 

dante

Unabomber
Feb 13, 2004
8,814
9
looking for classic NE singletrack
One other thing I want to point out, the word "monster" was part of regular lexicon long before the energy drink came along. It isn't a new word/name for a product like Klee-nex or iPod. If anything, the brewery is in a good position, as they incorporated the term 'monster' into a new, not before used word.

There's plenty of other well known companies with the name "Monster", so I think its a pretty big load of rubbish that they are picking on a small independent firm:

-Monster Cables
-Monster.com (job search website)
-Fenway Park's Green Monster
-Monster Garage (TV Show)
-Monsters, Inc (Movie)
-Frankenstein (actual monster)
Out of those listed, I think most have actually been sued by Monster Cables:

http://www.tabberone.com/Trademarks/HallOfShame/MonsterCable/MonsterCable.shtml

Companies Sued By Or Threatened With Law Suit By Monster Cable

Bally Gaming International (Monster Slots)
Blue Jeans Cable (letter)
Boston Red Sox (offering Monster Seats)
Boudreaux's Cajun Kitchen (Monster Shrimp)
Butler Chemical, (protective order), (dismissal)
Chicago Bears (Monsters of the Midway)
Coleman, Steven T. (Doctor Zarr's Amazing Funk Monster)
Disney Enterprises (Monsters Inc), Disney's answer.
eMachines.com (eMonster computer)
Hanna-Barbera Productions (Scooby-Doo and the Monster Of Mexico)
Monster.biz
MonsterBook.com
Monster.com
Monster Computer Cases
Mosnter Energy Drink (Hansen beverage)
Monster Garage (Discovery Channel TV show)
MonsterHTPC
Monster Mash
Monster Mini Golf (filed May 12, 2008 case 08cv1037)
MonsterMoney.com
MonsterSoundProduction.com (letter page 1), (letter page 2)
MonsterVintage.com (protest), web site is MonsterCable1.com
Monster Transmission, (April 8, 2009 article)
Revell-Monogram (Swamp Monster)
Snow Monsters
Timex
 
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moff_quigley

Why don't you have a seat over there?
Jan 27, 2005
4,403
2
Poseurville
Sued by who? Popeye?
Random lawyer that represented some kids' clothing company that used "sweet pea" on their clothing. His initial offer was cease and desist and $50K to settle. She and a group of other artists (that he had served as well) got together and fought it and he eventually gave up.
 

I Are Baboon

Run, Forrest, Run!
Aug 6, 2001
30,060
3,072
MTB New England
The Vermonster is a damn good barleywine and quite a bargain at $3.99 for a 22oz bottle. I was in Beer*Mart a few months ago and found two bottles dated 2005. Effing SCORE!!! Anytime you see a barelywine covered in dust, you know you've got something...

F*ck Monster energy drinks. I'll never buy or drink one of their products.
 

RUFUS

e-douche of the year
Dec 1, 2006
3,486
0
Denver, CO
Just sent my rep from Monster an email stating that Monster will no longer be a sponsor for me.

I picked up a great bottle of pinot noir tonight at our beverage warehouse here in Winooski, VT and the buyer for the warehouse is starting a facebook page for this. I will put the link up as soon as I get it.

Make sure to watch the video, get on the rock art website, email the owner of rock art telling him that you support him, write a letter or email to Monster and help me with signing a petition that I will be finishing up tomorrow to have Monster Energy cease and desist the lawsuit.

Great to see more people, especially on this site who support the little guy, no matter how much a company has helped our sport.
 
Dropped them as a sponsor, left the "monster army", left a bombshell of a note on all the pages I could find and sent all the hansen beverage contacts (including admin) and very descriptive letter with disgust. sending all the equipment back tomorrow via ups on thier dime will close all my connections with them.

I hope it helped because I really burned some bridges with this one. they gave me a huge break and used me for media exposure due to my Iraq injuries and recovery back into racing. had some pretty high contacts that got some pretty nasty emails
 
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spocomptonrider

sportin' the CROCS
Nov 30, 2007
1,402
108
spokanistan
Wow, amazing glad I live in such a lawsuit happy country. I'm sure that Rock Art brewery was really confusing people into thinking it was a part of Monster Energy what with their huge production volume,advertising, distribution and all. Just another reason I refuse to buy that swill.

-edit- RUFUS, I will gladly sign that petition. Not only am I a huge fan of micro brewskis I think this is one of the most outrageously useless lawsuits ever.
 
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dilzy

Monkey
Sep 7, 2008
567
1
The word "monster" is in the dictionary. You cannot patent a single word from the dictionary, only a phrase or a stylised writing ala Coke. Furthermore, nothing that was already in the public domain can be patented. This is one big rule with patents around the world.

The US Patent office must be filled with a large number of metho swilling dropouts the things they give patents for.
 

jonKranked

Press Button, Receive Stupid
Nov 10, 2005
62,509
8,733
media blackout
The word "monster" is in the dictionary. You cannot patent a single word from the dictionary, only a phrase or a stylised writing ala Coke. Furthermore, nothing that was already in the public domain can be patented. This is one big rule with patents around the world.

The US Patent office must be filled with a large number of metho swilling dropouts the things they give patents for.
This has nothing to do with patents. You're right, words can't be patented, but neither can phrases or how they are stylized - that is what trademarks and copyrights are for. Patents are for ideas/concepts that are unique and novel.

Trademarks and copyrights are what are using to protect words - like brand names, phrases, and slogans.
 

Silver

find me a tampon
Jul 20, 2002
10,846
0
Orange County, CA
Wow, a ****ty horrible for you flavor of the month "Energy Drink" company turns out to be douchebags, instead of just marketing to douchebags?

I know you have to defend trademarks, but this just seems to be a horrible call, since there's no trademark infringement here. I wonder if it was internal or external lawyers that decided to do this...
 

drkenan

anti-dentite
Oct 1, 2006
3,443
0
west asheville
Dropped them as a sponsor, left the "monster army", left a bombshell of a note on all the pages I could find and sent all the hansen beverage contacts (including admin) and very descriptive letter with disgust. sending all the equipment back tomorrow via ups on thier dime will close all my connections with them.

I hope it helped because I really burned some bridges with this one. they gave me a huge break and used me for media exposure due to my Iraq injuries and recovery back into racing. had some pretty high contacts that got some pretty nasty emails

Damn I wish I didn't have to spread rep around before giving it to you again. :thumb:
 

JohnE

filthy rascist
May 13, 2005
12,652
686
Front Range, dude...
So 'splain this legal stuff to me Whoever copyrights it first owns it?

And yeah, screw Monster. Even though I will probably never drink VerMonster, and have drank Monster coffee drinks, I will not send them another penny. Damn the man...
 

Silver

find me a tampon
Jul 20, 2002
10,846
0
Orange County, CA
So 'splain this legal stuff to me Whoever copyrights it first owns it?

And yeah, screw Monster. Even though I will probably never drink VerMonster, and have drank Monster coffee drinks, I will not send them another penny. Damn the man...
Trademarks. Different than copyrights.
 

stoney

Part of the unwashed, middle-American horde
Jul 26, 2006
15,870
2,096
Colorado
Btw guys, this isn't just Monster energy. Take on Hansens Beverage, which is the parent company.

Products include:
# Hansen's Natural & Diet Hansen's sodas
# Rumba
# Energy Formula
# Primal Energy Tea
# Ready-to-Drink Teas

distributes Hansen's® Natural Sodas, Signature Sodas, fruit juice Smoothies, Energy drinks, Energade® energy sports drinks, E20 Energy Water®, multi-vitamin juice drinks in aseptic packaging, Junior Juice® juice, iced teas, lemonades and juice cocktails, apple juice and juice blends, Blue Sky® brand beverages, Monster Energy® brand energy drinks, Java Monster&#8482; brand coffee energy drinks, Lost® Energy&#8482; brand energy drinks, Joker Mad Energy&#8482;, Unbound® Energy and Ace&#8482; Energy brand energy drinks, Rumba&#8482; brand energy juice, and Fizzit&#8482; brand powdered drink mixes.
 

stoney

Part of the unwashed, middle-American horde
Jul 26, 2006
15,870
2,096
Colorado
Scathing comment on website. I will be telling my trading floors about this, as they drink copious amounts of this isht. Most of them stopped buying Monster cables for the same reason.