Make 'Monster' Pun With Beer, Get Sued By Makers Of Monster Energy
Just in case you didn't know, Hansen Natural, makers of Monster Energy, owns all the rights to the letters "M O N S T E R" when they're in that order. Or at least Hansen's lawyers think the company does, because it's going after a Vermont brewery for calling a beer "Vermonster."
If the suit were based on violating on rule 19, article 7 of the Bad Pun Act it would have merit, but nah, Hansen thinks the name will confuse consumers who think they're ordering a Monster Energy drink.
A story from the Vermont publication Seven Days interviewed Matt Nadeau, owner of Rock Art Brewery, the lawsuit's target:
Nadeau, who holds the "Vermonster" trade name in Vermont, thinks the letter was probably triggered by his application to trademark it nationally. "I don't get those people out there in California," he says. Given that Nadeau sells about 95 percent of his beer "within 50 miles of Morrisville," the feisty brewer says he fails to see how giving a single product a name that's a play on its home state could damage a massive corporation making a completely different type of beverage.
So Nadeau called to offer a concession: He would promise to stay out of the energy-drink biz if Hansen stayed out of brewing. No luck. "Their third-party lawyer … believes they'll likely pursue lawsuits and [proceedings against] trademark infringement," Hansen says.
Neadeau says it could cost $15,000 to defend himself in court, and guess what — he's gonna. You go,dude. He says in the story:
"They think, We're just gonna steamroll it … We'll take this little Vermont company and squash them. Well, sorry."
Why must there be so many monster lawsuits?
Monster Mash [Seven Days]
(Photo: Great Beyond)
(Thanks, Brian!)
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Comments:
And here I thought it'd be Monster Cable again.
Good for Neadeau. Fight!
I'm going to name my next child Monster Cable Energy Drink Disney Pepsi. It will be a long name, but it will be worth it for the consumerist headlines.
@NatalieErin: See? Monster Energy has you confusing Monster Cable's lawsuits with theirs - clearly everything named "Monster" is a threat to their copyright!
I don't think I could confuse wine with Monster the Energy Drink... Unless the wine smelled like feet.
Does the wine make you RUN LIKE KENYANS?! With ENERGEY LEGS!!?
+ Watch video
Anther fine example of why we need reform on so-called IP (trademark, copyright, & patents)
Never before in my life have I seen such accurate company branding. People that sell monster products are apparently also very likely to be run by monsters.
Cooming soon: "Monster Cable is suing Monster Energy for IP theft, claiming that it was their idea first to sue everone who had 'Monster' in their name"
It pisses me off when people mess with microbrews. I feel thirsty for Vermonster.
@HurtsSoGood: I heard there has already been a settlement. If you check out Monster (energy drink) website, there is some weird disclaimer regarding the two
Sorry to be off-topic, but what game is that in the photo? Looks pretty fun.
Also, Monster Energy could learn from Monster Cable, who tried suing a little company a while back. What they didn't realize is that the little company, Blue Jeans Cable, had teeth. And balls.
Pretty sure it's been on the site before, but here's the hilarious link.
Hey OP, just so you know Barleywine is a beer, not wine.
Also the Vermontser is crazy delicious. Can't go wrong with a good Vermont beer
@Kimaroo - 20% More Kitty Added!: ROFL! If you add the letter "i" to the begining Apple can get you too:
iMonster Cable Energy Drink Disney Pepsi
What stinks is, I actually like Monster Energy drinks...DANG IT!
I guess I will have to switch to Krunk Energy
@Kimaroo - 20% More Kitty Added!: It's a beer actually, not that you could confuse a beer with an energy drink either
In all fairness to Monster Energy, this suit is light years away from most of the Monster Cable suits, as the product in question is also a beverage, so it's more plausible that someone would think there was a connection than that someone would think that Monster Mini Golf is somehow connected to Monster Cable. It's not like they're suing Ben & Jerry's for naming the giant sundae the Vermonster.
@NeverLetMeDown: Agreed. While it's still kinda silly, their logic appears to at least reside in the same universe as our own.
Argh, first monster cable and now there's a new monster on the block... Can we please just add a line to the next Federal budget proclaiming that anyone who wants to can use the word Monster in their product names?
I thought the Vermonster was that ludicrously huge ice cream sundae from Ben and Jerry's?
@Segador: Looks like some weird variation of Catan and Risk. Or someone just got creative and put together pieces from different games just to make an interesting pic.
@NatalieErin: Aw man, I was all rearin' to run out and buy some Vermonster HDMI cables, just to spite them!
If I could change trademark law, I'd do one simple thing. You should not be able to trademark any word found in the dictionary. That would eliminate so much crap.
If you own a company and want to ensure no one else uses your name, make up your own name, e.g., Xerox. But if you decide to pick a widely used word to promote your product, you should expect others to do the same.
@YardanCabaret: Ditto....So Ben and Jerrys (well, Unilever now, right?) can team up with Monster Energy drinks and sue the little guy out of business. I'm sure the lawyers will be making little *pyew pyew* laser noises as they discuss the case strategy.
@pxf9641: I love that Powerthirst thing more than any female should. I think it is hillarious and I always think of it whenever I think of energy drinks. Which I admit, is not oftin, because I do not drink caffine. At all. Ever.
As someone who has drank Vermonster, it's largely forgetable, but I totally support this chap.
I can see Monster trying to get their energy drink integrated into an alcohol. So as sad as I am to say this, I don't think Monster is entirely in the wrong here.
I think we need to ban the use of the word Monster to describe a company. It seems to bog down the courts too much.
@Southern: I've been thinking of that for a long time, then that would be a case of trapping 50 lawyers in a room, give 25 of them a sandwich and the otrh 25 a gun with two bullets hopefully they'll do the right thing and finish them off altogehter
(insert obligatory statement about how overpriced and overrated energy drinks are)
Now I have another reason to avoid them.
I'm surprised Monster Cable has not signed on as a co-plantiff.
@CompyPaq: Are you saying that it puts a monstrous strain on the legal system? Some monsters live in bogs, so I guess that makes sense.
interesting to note they aren't going after Ben and Jerry's gigantic sundae named "The Vermonster"....
As has been amply proven on Consumerist previously, IP lawsuits, especially those involving Monster, generate headlines.
Let's say I owned a small brewery and wanted to go national, or at least regional. How much advertising could I buy with $15,000 nationally? (answer: 1/4 of a second on TV)
On the other hand, if I do something that gets my company in the news - especially if it will be involving the very product I sell - and make sure to make the back-and-forth on the lawsuit interesting - then how much advertising value would I get?...
@edguitar: They will argue negotiate and wheel and deal until the best lawyer has all the bullets and shoots the other layers then takes the sandwiches.
@JohnQPublic: But you don't get to pick hypothetical markets which might possibly need protection in a possible future where some possible consumer might possibly be confused in that hypothetical and non-existent market place.
McDonalds tried that when it sued a chain of motels named McDonalds, arguing, "We might one day decide to open some motels." McDonalds lost that case.
"I don't get those people out there in California,"
Dude, it's one company, not the entire state. Why tar us all with the same Monster brush? Is this because 49er fans weren't keen on wearing the bread-dead hats that one time? Or because our dairy council habitually makes fun of Vermont cheese?
You need to learn to let these things go.
Wow.. now I really wanna see Monster Energy sue Monster Cables, AND vice-versa. That would be a fun case to watch. :D