The internet has changed how companies like us can defend our brand and prevent the dilution of our trademarks by those who choose to infringe on them. By appealing to consumers’ emotions using mis-information and distorted truths has created a different dynamic to patent and trademark protection. The sentiment of our customers wins over our rights to protect the brand. Monster Mini Golf is attempting to trademark “Monster”, Monster Mini Golf, and Monster Entertainment in areas that we already own, so we had no choice to file a lawsuit, or otherwise suffer dilution of our mark and potential loss of the mark itself.

It’s costly to sue anyone, no one wants to do it. We have made many attempts to avoid this lawsuit by offering a simple and low cost license agreement that would allow us to protect our trademarks that we already own, and allow Monster Mini Golf to use the name for their business. They refused each time.

Through their attempts to disparage us as a greedy corporate bully, we have been wrongly portrayed as a company focused on squashing small business, when the opposite is true. We are also a small business, and have survived for 30 years. This lawsuit admittedly has caused so much misguided ill will amongst our customers, that we have no choice but to give up on it, and along with it our rights to have a judge or jury decide this conflict.

So we are publicly declaring;

1) Monster has filed papers with the Federal Court to dismiss the lawsuit against Monster Mini Golf as of Friday, December 12, 2009. We will let the trademark office decide when they review their trademark application.

2) Monster will still owns the trademarks granted by the trademark office for which we offer a license for the use of them to Monster Mini Golf for a minimal royalty of $100 per month per franchise. Monster (us) will donate and match the royalty proceeds to the following charities that Monster has supported.

The Elf foundation; Creating Rooms of Magic:
http://www.elfsystems.org/partners.html

Seg4Vets: Segways for disabled veterans

http://www.draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx

Monster Mini Golf will then have the ability to use and franchise the “monster” trademark and continue with their business, and we will have continued protection. This will save thousands of dollars in attorneys’ fees and the court’s time. Everyone wins.

This lawsuit was never about the money, our requests were always minimal. It’s about the protection of our trademarks. It’s unfortunate for anyone who owns a trademark or patent, that the wrongful and disparaging remarks of a few can inhibit companies like ours from pursuing our right to legal process.

In this country, lawsuits are a method to resolve differences of opinion. The courts resolve disputes thousands of time each day. It is not always the bad guy suing the good guy. It’s asking the court to hear the both sides and make a decision. A judge or a jury determines ones right to trademark ownership. We believe that we would win this case, or we never would have filed it. This is far from a frivolous lawsuit, we have the prior trademarks to prove it.

For all of those who have supported us during this attack on our integrity, we thank you for your support. We apologize to everyone who may have been affected by our lawsuit with Monster Mini-Golf. We apologize to our loyal customers who may have been negatively impacted and to our retailers whose customers may have been affected by mis-information. We are sorry for all of the ill-will that has been generated on both sides.

For 30 years, we have prided ourselves on making the highest performance products in everything that we do. We have millions of happy customers. With economic conditions as they are, we need to focus on our core business. We will just keep producing the great high quality products for all to enjoy and hopefully Monster Mini Golf will get what they want one way or the other.

Thanks for lending your ear,

Noel Lee

The Head Monster

Founder and Owner of Monster

http://www.monstercable.com/monster_truth

Can you help me out here?
"Roneil Narayan
to me

show details 5:14 PM (2 hours ago)


Reply

Hello Ian,

Thank you for taking time to contact Monster Cable E-mail Customer Support.

Unfortunately Monster Cable Products, Inc. is a manufacturer for superior home theater audio/video accessories and Surge Suppressors. You might have entered this website in an error. We apologize for this and please refine the search in your area for the Mini Golf.

Feel free to contact Monster Cable Products Customer Support on 1 877 800 8989 if you need any assistance with the Products.

Monsterously!!

Technical Services
877-800-8989
MONSTER CABLE PRODUCTS, INC."

The reply I received:

@ClankBoomSteam: Why did you bold an incorrect statement of the law?

You CAN TRADEMARK a word that is in COMMON USAGE.

You're not going to be able to enforce "Monster" as a trademark if your product is, uhm, monsters (because that's a generic usage). But use it to sell cables, and you've got something (that's an arbitrary mark in Monster's case, a fairly strong mark actually). And there's no problem with me coming in and selling, say, Monster motorcycles. That's only a problem with well-known marks, and you can see that in action if you tried selling Coca Cola hula hoops.

[www.bitlaw.com] <- a trademark primer for ya.

Monster mini Golf is just a nice inexpensive place to take your family. I went to one on the east coast. I did't see any wires pop out to try to scare me.

quick, lets start up a music production company called Monster Label under the umbrella of one of the big wig redcord labels, and we'd have unlimited money to fight them in court...

Just yesterday I had a Monster energy drink and was pissed it didn't include crappy TV cables

Or are they too afraid to take on a company that can actually afford to defend itself in court?

Monster cable has a trademark based on a retail product for connecting electronic devices over small distances. WTH does a mini golf park have to do with that? When Monster loses, can they sued for suing when they knew they were wrong as a predatory tactic?

Monster Cable is a joke. I can't believe they actually sued Disney over a movie title.

I have just registered boycottmonstercable.com and boycottmonstercable.org.

Any hosts or web designers out there that want to join my bandwagon?

WTF?!

These guys are to cables what Airborne is to cold prevention (you did get your Airborne class action notice, right)? My super ultra favorite part of the story which showed that they were darned close to the level of a wire hanger, pointed out that one main consideration is that Monster came with a warranty, and a wire hanger didn't; so if the wire hanger broke, you would have to go out and get another wire hanger :) Loves it.

Actually, Monster Cables sued them and they settled.

This article is actually about Monster suing about Monster House, but at the bottom it mentions the lawsuit.

[www.sfgate.com]

Monster Cable's legal team are breaking their necks in their desperate, frantic bid to drag their company's name through the mud as much as possible. I will not, ever, buy any prodcut from their company.

Grr. Now I'll never get my new children's book published.

Monster Fables was going to make me rich.

At least Microsoft isn't quite as bad as suing anyone that touts their products as "Windows".

After reading a little more about this company, not only are they shitty engineers they have a legal mind the size of a pea running the show.

[www.monstergreed.com]

Apparently Disney was represented by Quinn Emanuel and those dudes don't play. They have like a 95% win rate when something goes to judgement.

I'm trying to imagine someone leaving their house intent on buying cables and winding up playing mini-golf due to brand confusion.

Monster Cables seem to think that they are allow to stop people from using the word monster in it's original etymological sense.

(ahem.)

YOU CAN'T TRADEMARK A WORD IN COMMON USAGE.

LET ME SAY THAT AGAIN, IN CASE IT WAS SOMEHOW UNCLEAR:

You CANNOT TRADEMARK a word that is in COMMON USAGE.

If you had made up the word, we could talk. If you were trademarking a specific "Monster" logo, no problem. But there are literally thousands of instances of companies using the word "monster" for business purposes from decades before your company even existed. Ergo, each and every one of your bullying, frivolous lawsuits is flat-out invalid.

Personally, I hope the Jim Henson people sue Monster Cable into the ground for infringing on their beloved "Cookie Monster" character (a suit that would have just as much validity as any number of those you have filed). Then, I hope every company that has ever used the word "cable" in their name comes along and pulverizes you and your shitty products, sows your fields with salt and marches off into the distance with all your money.

Failing all that, I'll simply avoid purchasing any and all Monster Cable products, in perpetuity, and I'll do my best to assure that my family and friends do the same. You're scum, Monster. Die in a fire.

I say that blue jeans cables guy should offer to defend anyone Monster cables tries to sue. I should hope he would never have to enter a courtroom to get this to end.

I think we should all start adding Monster to everything we put on the Internet so that Monster Cables can't protect their trademark properly and goes out of business due to legal fees.

@GrandizerGo: ...I already did my mother. (wait, wrong thread?)

This is a variant of proposition 100 women lewdly school and 1 of them is bound to say yes.

They figure if they send out some stupid C&D letter to anyone at all remotely using Monster that many of them will just pay up and move along. I can't find any record of successful litigation and that should tell you something given the volume. Monster basically has a retained body shop that cranks out all this tripe and hopes to hit a few times.

[www.lgpatlaw.com]

If you actually took these jokes to litigation I can't imagine that they would have the expertise necessary to see it through. As was pointed out in the very well penned response by Mr. Denke these lawyers are acting in bad faith and unethically. Perhaps bringing this to the attention of the California State Bar Association would at least make Monster's counsel consider the course of action it takes.

I'd check this out:

[www.bluejeanscable.com]

It's great to see a third year get his ass handed to him by an experienced litigator.

Seriously, this sort of thing is precisely why we need laws that _severely_ punish litigants (and more importantly their attorneys) who launch completely frivolous lawsuits. Oh wait, in order to pass such common sense legislation, we'd have to rely on a bunch of... former trial lawyers.

Obligatory Monster "fuck you" comment: I bought the switchbox and HDMI cables to add a PS3 to my TiVo Series 3/HDTV setup from monoprice.com. I saved a ton of money, too.

According to the USPTO site, there are 885 live TM records with the term "monster" in them, so their lawyers will be busy for a while.

Geez, did they just sue anything that googles up a "Monster"

I think we need to raise the fees for corporations to bring lawsuits to courts. (And keep the price low for consumers) This is pretty ridiculous.

I would understand is monster cables was trademarked but not the word monster

@LynxWinters: Are you kidding me? We just re-animated Eight Belles as part of our propetiary Equi-Zombie process at Monster Stables!

Why did monster.com settle? It's not like people would confuse the two. All the companies using the word really need to get together and get the monster trademark removed. How do you trademark a english word anyway

Well, I guess my horror-movie-themed furniture idea is out the window.

Monster Tables, we hardly knew ye.

@celticgina: I hear they're going to have Bobby Pickett's corpse disinterred.

It's kind of like Weekend at Bernie's, only with lawyers.

My favorite is Monster Cable suing the Chicago Bears for using the phrase Monsters of the Midway. The phrase was originally coined during the 40's and experienced a resurgance during the 85 season.

Monster cable pretty much sues everyone who uses the word monster in their name.

Both are overpriced, and deliver energy...

To counter this, there should be a boycott on Monster Cable products. It's been know that their products are NOT superior but a ridiculous mark-up on the same damn cables you get anywhere else, or if you're techno-saavy, you can make the same cables for much less.

Never buy Monster Cables. Use the extra money on something else.

ok, this is really going to suck at Halloween.

What will EVERY elementary school party do without playing
"THE MONSTER MASH"????

What other common ideas can we copyright?

Perhaps these folks should file to have Monster Cables trademark stripped, seeing as "Monster" is a generic word used for centuries before Monster Cables every came along.

Under trademark law the only way that Monster could win against these folks was if these folks were selling crappy overpriced Monster-like speakers cables, seeing as the industries are not even closely related any competent (i use this term loosely) judge will dismiss the case with prejudice. I think Monster is suing to get media attention. Of course that still doesn't help them sell crappy speakers cables if you ask me.

Many electronics and even home improvement stores sell reels of 10 gauge wire (looks like GIANT paired electric cord) that works as good as or better than MONSTER (crapppy) cables. Heck even category 5 network cabling works better as speaker wire than MONSTER (sucky) speaker cables.

@Coder4Life: Trademark ... you don't patent words. You don't even copyright an individual word.

@InfiniTrent: That can't be right.

I don't see how there can be any confusion, unless Monster Mini-Golf is an overpriced rip-off.

If you go to Monster.com and scroll down to the bottom of the main web page, you will see the link.

have they sued Monster.com, the job site?

To my understanding, Monster.com actually pays royalties on the Monster name to Monster Cable.

God...as if I didn't have enough reason not to give them my money...

The first comment that made me laugh out loud. Well played, sir.

@crabbyman6: Right on...they need to contact Kurt Denke because he is "unitimidated by litigation." and he sometimes rather misses it.

A representative for Hell's 4100 demons, ghouls, and foreign workers called Monster Cables a "patent troll" that uses the courts as a way to induce settlements. Most companies end up settling rather than go through the hassle of fighting Monster in court.

Satan, leader of Hell, said his organization was disappointed with the outcome of its legal battle. "We're disappointed but we respect the appeals court's decision. We do have it on good authority that we will have our turn against the members of this company and their legal staff after their mortal lives pass, and hence we shall bide our time."

Said a spokesman for Monster Cables, "Our company has been concerned for some time about Best Buy and Circuit City being consumer hell while also selling Monster Cables. There was too much opportunity here for brand confusion."

In a recent case involving the International Dairy Foods Association, a federal court in Wisconsin also sided in favor of Monster, finding that "monster" and "milk" both shared the letter M.

This is giving me a monster headache. Oops, time to get out the checkbook!

My suggestion: Golem Mini Golf. Yeah, Judaism might want to sue, but where are they going to get a lawyer?

The overglorified and overpriced shielded coat hangers have run their course. Only fools, the ignorant, and the bribed (see: concert halls, stadiums, theaters, etc.) would even think of purchasing a Monster cable now.

@jasezero: Well, they would have a case there. It would be easy to confuse there cables with crap.

For some reason, there's no press release at monstercable.com:

Press Search Results for: monster mini golf

No Results Found. Please try your search again.

History channel next?? Monster Quest???

Umm.. this is like patenting the word "BIRD". You can't use the word BIRD or we are going to sue you.

I bet 10% of their revenues from their heavy cable markup is probably for their legal dept. to sue it's own customers.

Thanks for bying this Monster cable for your Monster Mini Golf location, and we are going to sue you from the fees we collected from you b/ you have the word "MONSTER' in your name.

I don't see how there can be any confusion, unless Monster Mini-Golf is an overpriced rip-off.

Like to see that.

FTW!!!

Why doesn't Monster.com file a lawsuit against Monster Cable?

I can see why Monster Cable would sue the mini-golf place, because they're a small, defenseless business.

And I guess I can understand why they'd sue the Red Sox, because the Red Sox should be sued as often as possible, just on general principle.

But filing a lawsuit against Disney? One of the companies that pioneered the concept of frivolous trademark lawsuits? That just seems suicidal.

Webster should sue them for using one of their words in their dictionary...

lolz

I am very tempted to write them to tell them that because of stupid stuff like this I will NEVER purchase their products.

You would think that at some point Monster Cable would decide that there really isn't a point in all these lawsuits other than to make them look silly.

"any publicity is good publicity" <--Monster's motto.

@fostina1: Got me lol at that one!

i often get them confused with monster coat hangers

Cookie Monster better retain an attorney.

Little Jimmy: "Daddy, there's a monster in the closet."
Dad: "Shh- no don't call it that. It's a ghoul or a vampire, but we don't want to get sued, now do we Jimmy?"

I always go with the cheaper brands now that still make cables designed for human use.

I will never buy anything from Monster cables...never!

1) Monster Cable does not understand the "likelihood of confusion" aspect of trademark law.

2) Monster Cable has lawyers that have WAY too much time on their hands.

3) Monster cable thinks they own the word "monster" a generic term that probably doesn't even merit protection.

4) Someone at Monster is competing to be even more insane than the CEO of Overstock.com

damn LetMeGetTheManager, your 2:42 happened before my 2:42 :(

Great minds think alike.

have they sued Monster.com, the job site?