Attorneys Convince Monster That Consumers Can Tell The Difference Between A Deer Lick And An Audio Cable
According to the Minneapolis Star-Tribune, attorneys filed a dismissal motion on behalf of Denco, an ethanol producer in Morris, Minn. that had been selling a product called "Monster Deer Block" since 2005. What were they trying to dismiss? A trademark lawsuit from Monster Cable, of course.
Attorneys for Winthrop & Weinstine recently convinced Monster Cable that a product called "Monster Deer Block" would not cause confusion in the marketplace with its cable products.
There is a considerable difference, Winthrop attorneys argued, between a flavored salt and mineral lick designed to attract wild deer and Monster Cable's electric cable and connectors for wiring household electronics.
We're not so sure. They're just so similar. We'd like to thank Monster from keeping silly consumers from trying to plug vitamins for wild animals into their home theater systems. Imagine the mess.
Inside Track: A Monster dispute is licked
[Star-Tribune](Thanks, Tom!)
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Comments:
Has Monster Cable given up on trying to convince people their cable is "better" and just starting hoping to make all their money via frivolous copyright claims?
I am not making a claim about their cable here as I have never tried it, just noticing that we get a lot of this "Monster looses claim" posts it seems.
Yeah, Monster Cable is one of those parasitic companies that throw lawsuits around hoping to intimidate smaller companies in to settling. What do you expect from a company that sells $10 cables for $150.
They've tried to sue everyone from small audio companies. to a
This is getting ridiculous. It's becoming increasingly obvious to me that all this litigation is just Monster's attempt to buy publicity on the cheap.
Every time Monster sues some completely unrelated widget maker, the local newspaper writes about Monster Cable, the maker of supposedly high-end A/V cables. Then people who would otherwise only listen to the person at Crutchfield is all of a sudden aware of Monster cables. Had Monster not sued the widget maker, the customer would remain uneducated. Monster has apparently decided that no publicity is bad publicity when it comes to presenting a substitute good as a premium product.
I think that the next court who dismisses one of the cases needs to impose a hefty fine for wasting the court's time and resources. I think that attorney's fees plus the annual salaries of every non-Monster-affiliated person in the courtroom at the time of the dismissal would be an appropriate start.
@RBecho: Their cables are extremely marked up and are not better than those you can find at monoprice.com, my only source for a/v cables.
@Carso: Right ? I'd love to see them try to take on monster.com, who I'm pretty sure has been around a lot longer than the brand of audio cables.
@Carso: i think they've come to some sort of agreement - if you scroll down to the bottom of monster.com, you'll come to a notice that says "©2008 Monster - All Rights Reserved - U.S. Patent No. 5,832,497 - NASDAQ:MNST Looking for Monster Cable?" which has a link, but frankly i don't feel like giving them page hits.
@Carabell: I rather doubt it, since Monster Cable Products was founded in 1978, when the market for web-based job databases was still, umm, emerging.
All I can picture is Monster Cable's lawyers slapping a subpeona on Cookie Monster because his name infringes upon their "trademark." "Why you sue Cookie Monster? Cookie Monster not do nothing to you." of course this will just cause Telly (Monster) to go into obsessive worry fits over the whole debacle. Poor little Muppets.
@Carso:
Has Monster Cable yet attacked Monster.com? I'd be curious to know who would come out on top in that battle.
Yes. Go to Monster.com, and look down at the bottom of the page and you'll see a link that says "Looking for Monster Cable?" with a link. It was part of the settlement.
Has anyone tried using monster cables to attract deer? I think you might be surprised how effective they are.
Just look at this deer trying to get at this guys monster cables. Got locked into the bathroom as a result...You can clearly see why monster maybe considering moving into the deer attraction business.
@Carabell:
Right ? I'd love to see them try to take on monster.com, who I'm pretty sure has been around a lot longer than the brand of audio cables.
Uh, no. Monster Cable was around before Al Gore invented the Internet.
And see my above post - they semi-successfully sued Monster.com already. Now they're just picking on miniature golf courses and deer wafer makers.
First American Airlines attacks Google, and now this? Big corporations are trying to make lots of money on the assumption that the American public is composed of morons! I've had enough of it, and I hope they realize that the only publicity these stunts are generating is the kind that puts a bad taste in consumer's mouths.
I was completely confused and almost bought the Monster deer lick at Circuit City until I went to check out. When the total was under $20 I knew there was a mistake. The teenager at the store helped me get the proper item so in the end I was able to be screwed by a fancy wire hanger for $100+.
/actual results may vary if you are not a completely retarded ass hat like I am.
Not to defend Monster Cable but unfortunately, these companies have to do this on a nearly regular basis. This is because in order to defend your Trademark you also need to show that you are actively protecting it. Unless you can prove that, some other company can then use your trademark. Thus companies either have an internal group, or outsource it to a litany of lawyers that scour the internet, magazines, etc to find similar sounding products and sending them cease and desist letters. They always get dismissed because like in this case, there's usually almost no overlap between the businesses so confusion would be basically non-existent. However, unless they keep doing this kind of thing, they are genuinely scared about losing their Trademark.
@satoru: here, here, you have to defend your trade mark or you lose it. If another cable company comes along with a name like monstar and they can prove that monster hadn't defended their trademark, Monstar can keep the name
@Gokuhouse: You should never underestimate the gullibility of audiophiles, although I think most of them have moved on to even more expensive options. Monster Cable and other pretty-looking but useless brands of interconnect are also really popular with the car audio set.
@Carso: I say we start sending letters to Monster Cable saying we're confused about it, just to see if we can get them to sue Monster.com.
They'd certainly lose, and maybe Monster.com has deep enough pockets to shut them up for a while.
@illtron: Apple has been sued multiple times by Apple Records. I think they finally settled it once and for all recently.
I think when it comes to defending a name no one is quite as nasty as the Olympic Committee, though.
This story is so ludicrous that it doesn't even need my pithy commentaire. I'm thinking that this company lacks any common sense. Consider:
- the amount of money required to initiate a lawsuit that is destined to fail;
- that were they to win the lawsuit it would not improve their market position or brand identity in the slightest anyway;
- brands their company as an aggressive jackass to the owners, employees, family and friends of the numerous corporations they are suing; and
- brands their company as a laughing stock jackass to those who watch or read about this story on every available news media that carries it.
Maybe I'm missing something. Maybe this sensationalism is intended to be (relatively) cheap PR for Monster. It HAS brought their name into general discussion in a wide variety of medias. Are they expecting that the negative association with such a meritless lawsuit will be overcome by reminding the world that they still actually exist?
I don't think so.
@Orv: "I think when it comes to defending a name no one is quite as nasty as the Olympic Committee, though."
I'd give that title to the "Academy Awards™". You see? I didn't even have to enter the "TM", they did that themselves.
@mariospants: I used to hold Monster in pretty high regard until I learned better, though I still like their designs.
After hearing they fired most of their American workforce and are suing everyone using the generic word "monster" I have not purchased anything they make. The terms "there's no such thing as bad publicity" is certainly inaccurate, and their actions may be killing whatever good name recognition their trademark used to warrant.



















Has Monster Cable yet attacked Monster.com? I'd be curious to know who would come out on top in that battle.