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» Film-Tech Forum ARCHIVE   » Community   » Film-Yak   » Monster Cable sues anyone who uses the word "MONSTER" (Page 1)

 
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Author Topic: Monster Cable sues anyone who uses the word "MONSTER"
Joe Redifer
You need a beating today

Posts: 12859
From: Denver, Colorado
Registered: May 99


 - posted 08-11-2005 12:33 AM      Profile for Joe Redifer   Author's Homepage   Email Joe Redifer   Send New Private Message       Edit/Delete Post 
Everyone on the planet knows that Monster Cable is horrendously overpriced and doesn't make much, if any difference in typical equipment setups. Monster Cable is hated by almost every sane human being who ever took the time to exist. But look at what they're up to now:

SOURCE
quote:
A monster by any other name might get you sued by Monster Cable Products Inc.

The Brisbane maker of electronics accessories has filed lawsuits and trademark infringement claims against dozens of companies for using "monster'' in names, products or services.

The TV series "Monster Garage'' and the Monster Seats above Fenway Park's left field wall have been targeted in what Monster Cable officials say is an aggressive legal strategy to protect the firm's good name.

"We have an obligation to protect our trademark; otherwise we'd lose it, '' said Monster Cable founder Noel Lee.

Critics like Victor Petrucci, founder of a small, family-owned online clothing store called MonsterVintage.com in Camas, Wash., say Monster Cable is going overboard.

"They strong-arm anybody who uses the word 'monster,' '' said Petrucci, who is fighting a lawsuit that Monster Cable filed against his firm in August. "I sell used clothing. How can I damage them at all?''

Petrucci drew public attention with a big protest sign attached to a truck outside the main parking lot during a 49ers game shortly after Monster Cable bought the naming rights to Candlestick Park in San Francisco.

Monster Cable legal counsel David Tognotti said it has registered more than 50 trademarks covering a wide range of products, including furniture, food and clothing. "We've spent millions of dollars as well as countless hours building our brand,'' he said.

Tognotti is preparing for a trial against the Discovery Channel over the popular TV series "Monster Garage,'' which he claims uses images of "provocative women'' and an iron cross logo that could tarnish Monster Cable's image.

With MonsterVintage, Tognotti said he tried to stop Petrucci's use of a logo that is very similar to Monster Cable's.

"We called them and said, 'We'd like you to stop,' '' Tognotti said. "He continued to ignore us, so we filed a lawsuit in federal court.''

According to the U.S. Patent and Trademark Office and court records, Monster Cable has gone after other notable monsters:

-- Walt Disney Co., which distributed Pixar Animation Studios' hit film "Monsters, Inc.''

-- Bally Gaming International Inc. for its Monster Slots.

-- Hansen Beverage Co. for a Monster Energy drink.

-- The Chicago Bears, whose nickname is "Monsters of the Midway.''

In most cases, Monster Cable has been able to work out a settlement or nominal licensing agreement, Tognotti said.

For example, a deal is in the works with the owner of the Fenway Park Monster Seats trademark that will result in some seats being made available for charitable purposes at Monster and Fenway parks.

In 1999, Monster Cable sued the company it has been most mistaken for, Monster.com., the Maynard, Mass., online job-hunting site. The companies settled in February 2000, but agreed to keep the terms confidential.

However, trademark law attorney Anthony Malutta, who once defended a client in a case filed by Monster Cable, noted that Monster.com's site has a link to Monster Cable, not the other way around.

Monster Cable's policing of its trademark strengthens its legal rights and scares off would-be monsters, said Malutta, of Townsend and Townsend and Crew LLP of San Francisco.

However, that tactic might "hurt them if they go after everybody who uses 'monster,' like a little clothing company that really is not a source of confusion at all,'' he said.

I guess Monster has to do everything they can do since they can't rely on a quality, reasonably priced product to do it for them. Monster Cable founder Noel Lee needs to enjoy a powerful enema given by a garden hose.

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Monte L Fullmer
Film God

Posts: 8367
From: Nampa, Idaho, USA
Registered: Nov 2004


 - posted 08-11-2005 12:46 AM      Profile for Monte L Fullmer   Email Monte L Fullmer   Send New Private Message       Edit/Delete Post 
..or given a bran muffin for a colon cleaning.... [Smile]

Big name nonsense - just paying for the name and they think that they can monopolize the system....

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Wolff King Morrow
Master Film Handler

Posts: 490
From: Denton, TX, USA
Registered: Feb 2004


 - posted 08-11-2005 04:29 AM      Profile for Wolff King Morrow   Author's Homepage   Email Wolff King Morrow   Send New Private Message       Edit/Delete Post 
The word "monster" should not be owned by any one company. Its a common word. Otherwise they need to go and sue ALL movies, books, and TV shows with the word "monster" in it.

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Darryl Spicer
Film God

Posts: 3250
From: Lexington, KY, USA
Registered: Dec 2000


 - posted 08-11-2005 11:04 AM      Profile for Darryl Spicer     Send New Private Message       Edit/Delete Post 
That explains all those nightmarish thoughts that pop into my head about monster cable while watching monster garage.

There is going to be a lot of paper flying out the courtroom doors.

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Lyle Romer
Phenomenal Film Handler

Posts: 1400
From: Davie, FL, USA
Registered: May 2002


 - posted 08-11-2005 11:27 AM      Profile for Lyle Romer   Email Lyle Romer   Send New Private Message       Edit/Delete Post 
I don't think that any of their cases will hold up in court. It is called a TRADEmark, ie a mark of your trade. They are an electronics company. If somebody made Monster Speakers then they have a case. Monster Garage is a TV show dealing with automobiles. You can't possibly confuse the two entities.

It's like Delta Airlines and Delta Faucets. They both just refer to themselves as Delta but they can't claim the other one is violating a trademark.

Here's hoping that Monster Cable loses a lot of money in legal fees! [beer]

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Paul Mayer
Oh get out of it Melvin, before it pulls you under!

Posts: 3836
From: Albuquerque, NM
Registered: Feb 2000


 - posted 08-11-2005 11:33 AM      Profile for Paul Mayer   Author's Homepage   Email Paul Mayer   Send New Private Message       Edit/Delete Post 
Or that the courts decide to set aside their trademark. That has happened in the past when suits like this were brought.

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Mark Lippert
Film Handler

Posts: 10
From: Milwaukee, WI, the birthplace of people from Milwaukee, WI.
Registered: Jul 2004


 - posted 08-11-2005 11:33 AM      Profile for Mark Lippert   Author's Homepage   Email Mark Lippert   Send New Private Message       Edit/Delete Post 
They just better keep away from Cookie Monster.

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Ethan Harper
E-dawggg!!!

Posts: 325
From: Plano, TX, USA
Registered: May 2000


 - posted 08-11-2005 12:50 PM      Profile for Ethan Harper   Email Ethan Harper   Send New Private Message       Edit/Delete Post 
Why not change the name of this website to Monster-Film-Tech.com?

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William T. Parr
Jedi Master Film Handler

Posts: 823
From: Cedar Park, TX
Registered: Nov 2000


 - posted 08-11-2005 12:59 PM      Profile for William T. Parr   Email William T. Parr   Send New Private Message       Edit/Delete Post 
Or just give then a Film-tech MONSTER Fuck You.

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Brad Miller
Administrator

Posts: 17775
From: Plano, TX (36.2 miles NW of Rockwall)
Registered: May 99


 - posted 08-11-2005 01:17 PM      Profile for Brad Miller   Author's Homepage   Email Brad Miller       Edit/Delete Post 
I just watched that movie Monsters Inc the other day. What a great flick!

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Monte L Fullmer
Film God

Posts: 8367
From: Nampa, Idaho, USA
Registered: Nov 2004


 - posted 08-11-2005 01:38 PM      Profile for Monte L Fullmer   Email Monte L Fullmer   Send New Private Message       Edit/Delete Post 
LOL - now to play another game: finding movie titles with the word "Monster" in the title...

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Randy Stankey
Film God

Posts: 6539
From: Erie, Pennsylvania
Registered: Jun 99


 - posted 08-11-2005 03:47 PM      Profile for Randy Stankey   Email Randy Stankey   Send New Private Message       Edit/Delete Post 
Main Entry: monster
Part of Speech: noun
Definition: giant being
Synonyms: abnormality, barbarian, beast, behemoth, bogeyman, brute, centaur, colossus, demon, devil, dragon, fiend, Frankenstein, freak, giant, hellcat, hellhound, hellion, horror, leviathan, little devil, lusus naturae, mammoth, miscreation, monstrosity, mutant, ogre, phoenix, savage, titan, villain, whale

I guess Dirk Diggler is out of the question, then... No?

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Jon Miller
Jedi Master Film Handler

Posts: 973
From: San Diego, CA, USA
Registered: Sep 1999


 - posted 08-11-2005 03:49 PM      Profile for Jon Miller   Email Jon Miller   Send New Private Message       Edit/Delete Post 
Come to think of it, Monster Energy drink doesn't taste that good. Maybe the lawsuit has a sliver of merit in this case, as much of a stretch as it is.

And what about Monster House, another Discovery Channel series produced by the same company as 'Garage? The renovations typically include home entertainment systems that could very well be wired with Monster Cable. Instead of suing the pants off of Discovery Channel and Original Productions, the Monster Cable folks could instead use this as a marketing opportunity. [Wink]

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Phil Hill
I love my cootie bug

Posts: 7595
From: Hollywood, CA USA
Registered: Mar 2000


 - posted 08-11-2005 04:00 PM      Profile for Phil Hill   Email Phil Hill       Edit/Delete Post 
Dontcha just LUV lawyers?

 -

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Jack Ondracek
Film God

Posts: 2348
From: Port Orchard, WA, USA
Registered: Oct 2002


 - posted 08-11-2005 05:43 PM      Profile for Jack Ondracek   Author's Homepage   Email Jack Ondracek   Send New Private Message       Edit/Delete Post 
We have the same problem over here, with anything that carries the name "Olympic"... which happens to be a trademark of the athletic type. Because of the nearby OLYMPIC mountain range, and a peninsula that also bears the name, we have lots of retail and internet businesses that have naturally associated with the name. The Olympic Committee has sued a lot of people for using the word, and money doesn't fix the problem. If they could find the owners of the mountain range, they'd probably haul them into court, too.

We also have a mountain range by the name of "Cascade". Perhaps the soap people don't know that yet......

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