Monster Cable Sues Monster MiniGolf For Trademark Infringement
Monster Cable has decided to sue Monster MiniGolf for trademark infringement. Monster MiniGolf is a family startup by Patrick & Christina Vitagliano glow-in-the-dark monster-themed minigolf franchise with 23 locations. Monster Cable, which has an illustrious history of suing anything and everything with Monster in its name, makes the expensive cables that Best Buy is always trying to upsell you on that are no better than coat hangers.
When you sue over trademark infringement, one of the biggest criterion for the validity of your suit is whether or not consumers will be confused about which brand is which. To help us decide, let's look at one item from the Monster MiniGolf FAQ:
Q: Does the entire place glow in the Dark?
A: Yes! (Except the bathrooms..that would be too weird.)
See? You totally thought we were talking about premium-priced audio cables there.
Monster MiniGolf is asking for $1 donations to help offset its legal costs, which so far are $100,000 and they predict will reach $250,000. If you make a donation and take your receipt to a Monster MiniGolf place, you will get $2 off one round, which are normally between $5.50 and $7.50 for 18 holes. You can donate through the eBay page they have set up, which explains more about their situation.
Help Me Fight a Bully! It's a Monster. Justice needed! [eBay] (Thanks to Johnny!)
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Comments:
WTF. I hate companies like this.
If they were in the same industry, I'd see the legality of their claim, but as it is, this is ridiculous!
They should see if monster energy drink will kick down some legal assistance. They're big enough they probably have some lawyers on retainer and you know they're next if the mini golf people go down.
They have GOT to be kidding me...this is a BIG stretch.
Logo looks way more like Monster Energy Drink than Monster Cables...
Yeah, when I was at Monster Mini-Golf, I seriously wondered, is this the same Monster as the Monster electronics television cables? It's GOTTA be the same people.
And when I hear the song "Monster Mash" I think, "Hmm, does the Monster Mash have something to do with Monster Cables?"
For reals?
Why hasn't monster cable gone under yet?
@m4ximusprim3: Apparently, they've already been sued. Don't know how it turned out though. Read the description on the ebay page, it lists a bunch of the people this guy is trying to extort.
This seems like something that should have gotten knocked out even before discovery.
Monster MiniGolf should counterclaim for abuse of process, malicious prosecution and attorneys fees.
*this does not constitute legal advice*
I wonder if this is a case where the mini golf company's lawyers could ask for their fees or possibly sanctions? On its face, this suite seems like it's frivolous and an abuse of the courts...
A snarky part of me suggests that maybe, if they were going to be so protective about their name, they shouldn't have picked a word that was eight hundred years old and quite commonplace.
I think Monster Cables is run by lawyers. Greedy bastards.
I propose a new policy for all Consumerist readers (though I'm sure a few follow it in spirit already):
Every time you hear the word "monster," tell 5 people about monoprice.com (or similar store, though they're my favorite).
WTF?! I guess Monster needs some way to make money since smart consumers really don't buy their products...
It's amazing to me that this company continues to do this. With such a horrible reputation already, they really should be doing all they can to make people LIKE them, not continue to screw everyone around them.
i know lawyers are expensive but isn't this something that they can basically represent themselves and win?
Get rich quick plan... incorporate... create products called a e i o u and y... trademark the names... sue everyone who uses my trademarked names in their names... watch the money come in...
I take it they sued monster.com already also, anybody know? Or wait, isn't the same company? You can look for a job while shopping for cables?
The only way I can tell these two companies apart is by the price.
@morganlh85: Yeah, and I remember seeing a "monster movie marathon" one time, right after I was done shopping for a "monster" costume for Halloween. I was thoroughly disappointed when I looked more like bigfoot than an expensive cable.
While I agree that this lawsuit (as well as just about all of their suits) is a bit ludicrous, companies need to emphasize trademark protection (see trademark dilution). Trademarks like Rollerblade are often protected and the company discourages its use in referring to inline skates as they run the risk of losing the trademark if the term enters into common usage. That being said, Monster seems to be going nuts with this concept.
@LiquidGravity: Actually, I'm starting to think they have a deal with some defense lawyers. Hey - we'll sue everyone we can think of, you'll win, but still get paid your legal fees.
@bravo369: no kidding... how could a judge let this last on a docket for more than 30 seconds anyway?! It's clearly without and basis other than to be d***s
It can't be that expensive to defend this case. To wit:
"Your honor, I'd like to begin my opening statement with 'seriously?' I rest my case."
@nataku83: Because this is their new business plan. When the jig is up with your overpriced coathangers, start suing.
Is it even possible for them to sue these people? I didn't think you could sue someone for using a word found in the English dictionary, in this case it would be Monster. Logo yeah, but I don't see anything like that between the two companies.
Isn't this sort of thing why Compaq spelled their name with a 'q' so they could trademark and/or copyright it?
I would like to testify for Monster Cable.
There have been many times I have gone to Monster MiniGolf to buy cables for my electronics. And Monster MiniGolf doesn't even have any.
Time and time again, I go to Monster MiniGolf to buy cables. And they simply refuse to stock them.
Please have the attorney for Monster Cable contact me. I want to sue these MiniGolf people for creating such a confusing situation.
I can't understand how a lawsuit like this could continue...there's no relation between speaker cable and miniature golf! This is just friggin' crazy and Monster Cable should just go rot in hell with their overpriced crap and stop wasting innocent companies money and time.
@nataku83: Because they probably let stores take a huge cut of the $120 hdmi cables they offer. So stores love to sell them. And people haven't realized that the 120 dollar hdmi cable is the same thing as the 5 dollar hdmi cable you can get online.
@LiquidGravity: Lawyers aren't necessarily the problem here. It's the stupid ones that don't understand trademark law.
@bravo369:
Probably. But most laypeople have been conditioned to believe that if you try to respond to even the most frivolous lost suit then [insert horror story here].
Meanwhile, I helped a friend file his own bankruptcy and the court trustee said his filing was better than the ones from the lawyers.
Pay monster in free minigolf.
The should trademark "Cable" and sue Monster Cable for trademark infringement.
This is our congress's fault for allowing the trademarking of common words.
Did they sue Monsters, Inc. as well?
[cablemodem.fibertel.com.ar]
@mbd: In all fairness, the word "monster" is arbitrary to cables. It is acceptable, but the company certainly does not have rights to all use of the word.
If the people running Monster Cable had Apple Computers instead, they would sue grocery stores for selling apples.
They should really get in contact with Blue Jeans Cable. Their CEO has already called Monster Cable out and would probably relish the chance.
See below:
[www.audioholics.com]
The problem is that it's cheaper to just settle the completely ridiculous lawsuits than to fight them. However, if someone actually lets this go to court, Monster Cable will lose. Not only that, I believe if the people taking it to court are smart enough (i.e., show the judge the previous completely retarded lawsuits), they could go the full nine and get the trademark revoked on grounds of abuse. That would make my day.
@KyleOrton: I saw some guy buying a PS3 at Best Buy the other day, and I heard the employee he was with telling him he needed Monster brand cables to get the most out of his PS3 on an HDTV.
After the employee left and the guy started walking towards checkout, I stopped him and told him that instead of spending that $85 on that cable, go online to monoprice.com and buy the same cable for $4 plus shipping. He was very attentive, taking note of the site and even pulling it up on his iPhone to take a quick look right there in the store.
Maybe they're just worried that someone's gonna discover that you get better speaker performance when you use putters as your interconnects .. HEHEHEHEHEHEHEHE
Apple Records sued Apple Computer twice over the years for trademark infringement. The first time they settled out of court with an agreement that Apple Computers would stay out of the music business. When Apple introduced the iPod, Apple Records (still owned by the Beatles and their heirs) sued again and lost.
@m4ximusprim3: I'm still waiting for these douchebags to gather the balls to sue www.monster.com.
I'm glad the minigolf owners aren't taking this lying down. If more people start actually fighting these ridiculous lawsuits that lowlife companies like Monster and Starbucks, aka "we own the rights to 'cappuccino'", throw around, we would all be much better off.
My Dad recently got a new TV (with HDMI goodness), and I have been untraining him off Monster Cables. Every time he asks me whether they're any good, I tell him that he could get something that works fine for 1/5 the price. THAT is music to his ears.
@bravo369: IANAL, but I had to hire a lawyer to defend an idiodic lawsuit because my company was an LLC. Since I wasn't a lawyer, I couldn't represent the stockholders =(
Man, everytime I see this kind of shit it reminds me of Jack Thompson... that PoS. Suing everyone cause the "games made me do it" Burn in hell.
Why does this whole deal with Monster remind me of Idiocracy and the whole Brawndo thing?
Oh right, because its essentially the same.
Monster Cable, Inc - it's got what plants crave!!!
@twophrasebark: Meanwhile, I helped a friend file his own bankruptcy and the court trustee said his filing was better than the ones from the lawyers.
Really? Congratulations, then. I'm an attorney for a trustee and most pro se bankruptcy petitions I've seen are unimaginable nightmares which cause no end of trouble for everyone involved, mostly due to the under-reporting of assets and income or the failure to claim exemptions.
If it isn't possible to completely bar a company from filing lawsuits of any kind in any court in the country, Monster Cable has shown that it should be.
Nice. We haven't had a Monster Cable story in what feels like ages.