Kurt allowed Audioholics.com to reprint his entire response to Monster Cable. Here's our favorite part:
I have seen Monster Cable take untenable IP positions in various different scenarios in the past, and am generally familiar with what seems to be Monster Cable's modus operandi in these matters. I therefore think that it is important that, before closing, I make you aware of a few points.After graduating from the University of Pennsylvania Law School in 1985, I spent nineteen years in litigation practice, with a focus upon federal litigation involving large damages and complex issues. My first seven years were spent primarily on the defense side, where I developed an intense frustration with insurance carriers who would settle meritless claims for nuisance value when the better long-term view would have been to fight against vexatious litigation as a matter of principle. In plaintiffs' practice, likewise, I was always a strong advocate of standing upon principle and taking cases all the way to judgment, even when substantial offers of settlement were on the table. I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not.
I say this because my observation has been that Monster Cable typically operates in a hit-and-run fashion. Your client threatens litigation, expecting the victim to panic and plead for mercy; and what follows is a quickie negotiation session that ends with payment and a licensing agreement. Your client then uses this collection of licensing agreements to convince others under similar threat to accede to its demands. Let me be clear about this: there are only two ways for you to get anything out of me. You will either need to (1) convince me that I have infringed, or (2) obtain a final judgment to that effect from a court of competent jurisdiction. It may be that my inability to see the pragmatic value of settling frivolous claims is a deep character flaw, and I am sure a few of the insurance carriers for whom I have done work have seen it that way; but it is how I have done business for the last quarter-century and you are not going to change my mind. If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims--or, to speak more precisely, the absence of merit from your claims--from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it.
I will also point out to you that if you do choose to undertake litigation, your "upside" is tremendously limited. If you somehow managed, despite the formidable obstacles in your way, to obtain a finding of infringement, and if you were successful at recovering a large licensing fee--say, ten cents per connector--as the measure of damages, your recovery to date would not reach four figures. On the downside, I will advance defenses which, if successful, will substantially undermine your future efforts to use these patents and marks to threaten others with these types of actions; as you are of course aware, it is easier today for your competitors to use collateral estoppel offensively than it ever has been before. Also, there is little doubt that making baseless claims of trade dress infringement and design patent infringement is an improper business tactic, which can give rise to unfair competition claims, and for a company of Monster's size, potential antitrust violations with treble damages and attorneys' fees.
I look forward to receiving the information requested and will review it promptly as soon as it is received.
Sincerely,
Kurt Denke
Blue Jeans Co just gained a customer.
]]>I'll wait for him to offer reasonably-priced XLR cables.
]]>Actually, mate, I have to point out something:
He in fact sells no lees than 6 different brands of HDMI cables, with prices ranging (roughly) from $4.10 for a 3-footer to $21.50 for a 3-footer; so you can hardly accuse him of Monstrous price-gouging...
]]>collateral estoppel FTW!
]]>Blue Jeans Cable does not sell "instrument" cables. You can buy mic cable and have them put 1/4 connectors on it but it is still cable intended for unbalanced signals - so not instrument cable.
Second, a 10-ft XLR to XLR cable from Blue Jeans costs $37.00 (from their website) and I have to pay them S&H. The same kind of monster cable costs $21.00 and I can buy it from ten minutes before a gig.
Just sayin... I love the little merchant as much as the next guy but I'm not going to pay $17 extra AND S&H to support them when I can support the little merchant's music shop down the street and still get my cable.
]]>It would be interesting if more companies would respond to patent trolls like this. There are a lot of bullies out there.
]]>^^ Not A Lawyer. (Obviously).
]]>And the letter itself is f'ing beautiful.
]]>Lewlz, just the letters' greeting, "Dear Monster Lawyers", makes it a fun read!
]]>Love that last line!
]]>Entirely correct.
]]>I bought enough speaker cable for a 5.1 setup and a stereo set, plus 3 pairs of RCAs for about what Monster wants for a HDMI cable. :D
]]>so basically, it's a big "go fuck yourself". quite entertaining actually.
]]>"I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions."
He dug up an issue Monster might not want to be brought to light...hmm where is the IRS?
]]>Reading comprehension. Please.
]]>So, he has nothing to say, except that he's got a bunch of credentials as an IP lawyer, and that if they can prove it in court, then he'll ahve to bow down to them.
What a total NON STORY.
This web site is making me ill.
]]>Kurt's letter was legal poetry.
I checked out the website, which doesn't seem to be on par with the quality of their cables. The only cables I ever am in need of are balanced audio cables for my mini-studio. I've been building most of my cables/snakes myself for years now and the components they use like Neutrik XLRs are some of my favs.
]]>maybe we should all chip in and give his website an upgrade. it could use it.
]]>Best. Letter. EVER!
I would love to see what would happen if Comcast or Citibank screwed with Kurt.
Monster: Please, PLEASE take BJC to court, just so we can all watch you get bitch-slapped. The judge would probably laugh his ass off...
]]>"So I was gonna use a condom with her, but then I figured, 'When's the next time I'm going to be in Haiti?'"
]]>Dear Mr. Skolnik:It has come to our attention that you operate a website with an Internet domain name of "monster.biz" and have a "Monster Shop" web page thereon.... [Monster Cable, Inc] believes that your usage dilutes its family of marks and especially its MONSTER mark... We must ask you... to discontinue and agree to transfer the "monster.biz" domain registration to our client. [www.madmartian.com]
True: Mr. Skolnik sells stuffed monsters. It is, indeed, a monster shop:
As you state you are aware in your letter, I have a monster shop. I sell monsters whereas Monster Cable Products, Inc sells cables. Would a reasonable person confuse a giant alien creature with an analog interconnect? [www.madmartian.com]
Monster cable eventually dismissed the complaint. Skolnik's final response, where he asks for legal fees, is worth a read.
]]>I really want to see the follow up to this letter if Monster even dignifies its own self with a response to action they triggered. I really love it when overzealous companies and lawyers get what they truly deserve.
]]>BJC has a great product, certainly better and more honest than what Monster could ever hope to sell you.
While, I'm sure Monster cables are great, they are no more superior (and often times, actually inferior if you look at the actual gauge of the wire they use) than any other cable maker out there.
Monster has a great business model though. I don't know who wouldn't want to sell cables for 500% or more markup. Talk about easy money.
And again, I challenge Monster to find 5 or 10 video/audiophiles and do a double blind trial of their cables versus their competitors. I want to know if the President or owner of the company can even tell the difference. A digital signal is a digital signal except Monster.
]]>I suddenly want to go buy some blue jeans.. possibly some cable to
]]>Well right here is why Monster is going after them:
"RCA plugs on the market today--even those on some very expensive cables--don't depart much from the original 1930's design. Sure, they're gold-plated--mostly on the outside, where it doesn't matter"
From the description on the RCA A/V cables page
Good job, Kurt. You get my kudos for standing up for what is right and fair and making it sound awesome too.
]]>This guy is my hero.
]]>@Steve Trachsel, Ace: Yeah, fuck you!
Now that thats over with, that is one heavy hitter of a letter. Reading the full thing made my head hurt.
Why on earth does this guy own a cable company and not run his own practice?
]]>I haven't checked out BLue Jeans Cables yet, but I sure as hell will in the future. Even if they are just as overpriced. =D This guy is made of win!
We have a bunch of Monster cables that we thankfully only paid like $8 max for, because my husband used to work for Best Buy... they are a total rip-off, and I always feel bad if I see them at our friends' houses, haha. Chumps!
]]>Before I came to The Consumerist and found the truth of your products, I was a loyal Monster fan. Until I did the coat hanger test. What a bunch of bunk your products are, and yet, I cannot return.
As I've not had the opportunity to see a royal ass-kicking of your company in a long long time, I beg you to please sue Mr. Denke.
Danka!
]]>@kublaconsumer: He's not saying he used to be a lawyer and showing off, he's saying that he's the one that controls the budget of the lawyer and he's willing to spend the money to fight. That's much more frightening to Monster, I'm sure.
]]>You know...it's not often I get turned on at work...
]]>@Steve Trachsel, Ace: You're a stooge for Monster Cable.
]]>i think i have a new man-crush.
]]>I highly reccomend reading the whole linked article.. this is GOLD..
"Similarly, as I note further below, you omit reference to another patent Monster has held which appears, frankly, to be fatal to your position. If you expect to persuade me, you had better start making full, open and honest disclosures; I will find out the facts sooner or later in any event, but the impact upon your credibility will not be repaired."
Love you Kurt!
]]>@eightfifteen:
Agreed. Best. Line. Ever. "Not only am I unintimidated by litigation; I sometimes rather miss it."
They're basically trying to pull an RIAA style bully session.
]]>He makes me proud that I graduated from Penn, if only the undergrad. But my roommate will be heading to Penn Law in the fall.
]]>Now this guy can truly say he opened up a 'can of whoop ass'.
]]>That company is so full of shit, they rip people off left and right and laugh all the way to the bank. Remember the coat hanger study? So do I.
]]>"Not only am I unintimidated by litigation; I sometimes rather miss it." -- *purses lips, lets loose an OOOOOOOOOOOOOOO!!!!!!* OOOOOH No he didn't. I think my pants are wet.
]]>Wow. My hero. I've GOT to be more like this guy.
]]>At the very least, if he doesn't win, he sure got a lot of great press out of it.l
]]>Must be nice to read every 4th or 5th word. Go college grads.
]]>Look like Kurt had a big ol' heap of WIN in a KICKASS bowl for breakfast!
/opposite of FAIL in a SADNESS bowl
]]>He outdid me...my one-paragraph response would have included references to consumption of sacks of male genitalia and an appearance on a television civil court program.
I guess that's something you learn not to do in law school :-)
]]>The link has the full letter, make sure to read the letter in full lenght to get the picture. Love this guy!
]]>Wow, did you read anything he wrote?
]]>x 2
]]>Website for the Blue Jeans Cable [www.bluejeanscable.com]
]]>Kurt Denke, FTW!
]]>anyone have a website for this guy? Im buying something from him whether I need it or not LOL
]]>The part where he goes into his law history is to emphasize that Monster's (and many other large companies..cough..RIAA..cough)tactics of attempting scare people with little or no knowledge of the law and much lighter wallets with the threat of litigation doesn't always work the way they want it.
They tried to bully the wrong man and now they're going to pay for it. RTFA.
Monster blows anyways.
]]>I have a man-crush on Kurt. This is, I believe, what they call hellacious blowback.
]]>Not that I ever bought the competitors after I lost my best buy discount.
]]>@Steve Trachsel, Ace: I'm not getting the same impression, as he says that he didn't infringe. Also, he's threatening to taking it all the way through court to make them prove he's infringing on their patents.
]]>Oh well...
OWNED!
]]>I need to go out and buy more electronics so I can order cables from him.
]]>@Steve Trachsel, Ace: Where? He makes it clear that he is NOT infringing their patents and dares them to prove otherwise.
]]>"Not only am I unintimidated by litigation; I sometimes rather miss it."
Kurt, did you ever know that you're my hero? You're everything I wish I could be. EVERYBODY SING!
]]>This response needs to be made into a template, which can be fired off to any litigious company that insists on bullying the little people on meritless claims.
]]>And it was so.
]]>I hope Monster moves forward. I would love to watch the fireworks.
]]>He owned them... I want to see what Monster does next..
]]>I luv it, stick it up Monsters ass. Hey shouldn't they be one of the companies we luv to hate?
]]>![[williamgunn.org]](http://williamgunn.org/pubpics/pwn3d-44295-small.jpg){kind=link}
![[www.madmartian.com]](http://www.madmartian.com/legal/letter_1.jpg){kind=link}