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Old 10-21-2009, 03:10 AM   #51
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When did Monster Cable start making energy drinks?

There's a difference.. The energy drinks are worth $2 each, the cables, however..
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Old 10-21-2009, 03:56 AM   #52
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i drink either
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Old 10-21-2009, 04:16 AM   #53
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I sent monster energy drink a complaint via their website and told them i wont be drinking monster anymore.

I'm sure if they receive enough public outcry from this youtube video they'll back off.
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Old 10-21-2009, 06:07 AM   #54
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Posting to say hi to Fletch

/wave
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Old 10-21-2009, 06:48 AM   #55
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he was making the beer before Monster drinks were being made.
Not the 'Vermonster' beer, though. He created it to celebrate the 10th anniversary of his business.

I don't think he should have to give up the name. But he probably would lose. Trademark law is such that it encourages trademark holders to behave very aggressively or risk losing their mark. It'd all nice and romantic to say that if it were me, I'd fight it out. But I'd probably play it safe. Hopefully the guy gets enough support that if he does decide to fight, he can be successful. But the public won't back him forever. People are fickle and after the first appeal, most will lose interest.
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Old 10-21-2009, 07:09 AM   #56
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that video is brilliant marketing on his part

but i am getting all the monster products mixed-up now.

ducati monster

haha funny you should bring that up, there is a guy that lives near me with a 'Monster edition' ZX6-R

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Old 10-21-2009, 07:23 AM   #57
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Found this on another massage board - Don't Buy Monster Energy Drinks Spread The Word!



Matt Nadeau of Rock Art Brewery, http://rockartbrewery.com , sits down with Green River Pictures to let the world know his side of the Monster Energy drink Trademark lawsuit.
This is the part i don't get... why does HE (Vermonster, Rock Art Brewery) have to pay for the attorneys fees?
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Old 10-21-2009, 07:25 AM   #58
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What a crybaby. Just change the name of the beer and move on.
why should he?
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Old 10-21-2009, 07:35 AM   #59
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I sent monster energy drink a complaint via their website and told them i wont be drinking monster anymore.
same here.

http://www.monsterenergy.com/web/guest/contact
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Old 10-21-2009, 08:04 AM   #60
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Never drank any of the beverages or motorcycles or patch cords in question. No plans to do so. Whats an "energy drink" anyway? 90% water, 10% sugar? Garbage.
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Old 10-21-2009, 08:30 AM   #61
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This is what makes me sad about our legal system. But money buys legal system wins. That's the way it works in any country and any court.
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Old 10-21-2009, 08:57 AM   #62
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Just a beer name?
How much cash do you think he has invested into the marketing plan for this.?
How much FREE marketing do you think he will get if he wins?
How many Millions do you think he will make in Sympathy beer purchases after he wins?

This is not a cut and dry (it will cost him a bit to fight this)....it could be seen as the single biggest opportunaty his company will ever get to break through the glass cealing
exactly. He knows this is his best chance of making something big out of a small business. Good for him
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Old 10-21-2009, 09:22 AM   #63
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Will be interesting to see how far this actually goes.
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Old 10-21-2009, 10:50 AM   #64
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Just another reason US is fucked up..
Our system sucks here, we need to be able to represent ourselves. The legal system weighs on money way too much!
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Old 10-21-2009, 11:15 AM   #65
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Monster Energy is really terrible
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Old 10-21-2009, 11:25 AM   #66
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Aww poor guy. You can really see in his face that his life dream is beeing crushed....
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Old 10-21-2009, 12:26 PM   #67
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[QUOTE=Fletch XXX;16448087Monster Energy drinks are now in distribution deal with Anheauser Busch, if David ever wanted to fight Goliath, going against inBev/AB will be it.

remember, beer and energy drinks are different, this is being fought over the word "monster"[/QUOTE]

I didn't realize Monster had a distribution deal with them.

Your'e right though, trademark infringement requires that you are in the same industry, and that customers may become confused between the two products/companies.

Nobody would ever mistake a "Monster" beer for a "Monster" energy drink. Case closed. They are two different industries -- alcohol vs energy drinks. Sure, they're both beverages but any sane judge would throw this out on the first try.


This crap happens though, and its ridiculous. I won't buy Monster because I don't like it... but this is definitely another reason. I don't even understand why Monster would spend the time and money on it -- this brewery is no threat to their brand, trademark, or business.
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Old 10-21-2009, 12:52 PM   #68
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there's a lot of animosity towards monster energy drink here in Whistler, the sponsor most of the big downhill biking and snowboarding competitions. i've met a couple of the reps through my girl (she works for the mountain ie: intrawest), and they were both pricks. not sure what bearing that has on this situation lol, but i just had to to take the oppurtunity bitch.

they also sponsor all the best snowboard videos. i fucking hate seeing their logo plasted everywhere. such is life.
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Old 10-21-2009, 03:10 PM   #69
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Aww poor guy. You can really see in his face that his life dream is beeing crushed....
That is BS, he just happens to have been born with that eye type.

They do not want his brewery, nor the name of his best selling beer, they want him to stop using the the name he placed on his tenth anniversary beer. It is a principle thing, however beyond his anti corporate bitching even though he is corporate himself. Beyond that they have billions and he does not. There is the very to true and simple principle that if a trademark holder does not "actively" pursue and enforce potential and real trademark violations that the trademark holder can be stripped of the legal trademark usage and ownership of that name.

Case in point Xerox almost lost their name because everyone was referring to a photocopy as a xerox. They had to not only stop companies from saying it, they had to get the public to stop saying it. Otherwise you face the fate that has happened to many before, like the Elevator company.

If he does not go after other small (or even big guys) himself he can loose his own name, even of his brewery or best selling titles.
He can and I would say should give up on this one. He has to much to loose and nothing really to gain. Bad battle. Plus he is not some single guy working in his basement. He has his family and the families of everyone working for him to think about. All over the naming of his 10 year beer - would be sad to loose it all over what your 10 year celebration.

The "ster" part and such is a stretch. Issue is they both are in the beverage industry. Even though they are separate beverages it does make it a legal issue. Perhaps because of alcohol there is enough difference, I really think not though and drinks are drinks.
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Old 10-21-2009, 03:37 PM   #70
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What a crock of shit... This is directly from Wiki

Quote:
"VERMONSTER" is also the name of a beer brewed by the Rock Art Brewery in Vermont.

A Vermonster is a large ice cream sundae made by Ben and Jerry's. It is named after the company headquarters' home state of Vermont. The Vermonster consists of the standard sundae ingredients, but uses them in excessive amounts as it is designed to (excessively) feed four people. It contains the following:[1]

* Twenty scoops of Ben and Jerry's ice cream
* 4 ladles hot fudge
* Whipped cream
* 3 cookies
* A choice of 4 toppings
* According to a Travel Channel show highlighting extreme foods (October, 2009), the Vermonster has 14,000 calories and 500 grams of fat.

The Vermonster is frequently used in fundraising efforts,[2][3] where teams pay to compete against other teams in a race to complete the Vermonster. Even finishing a Vermonster is a feat; the attempt is an event and it often requires more than one person. [4][5]
Why don't they go after ben and jerrys???
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Old 10-21-2009, 03:41 PM   #71
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only 3 cookies? seems like that can use more cookies
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Old 10-21-2009, 04:48 PM   #72
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Respect to that guy for fighting it.

Fuck Monster. Their energy drinks taste like shit anyway. I still have 3 out of a 4 pack sitting in my fridge from about 2 years ago, when Full Throttle wasn't in stock. It seriously tastes THAT bad that I couldn't open another one.
Maybe it's time to clean the fridge, never know what could be hiding behind that box
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Old 10-21-2009, 04:53 PM   #73
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Maybe it's time to clean the fridge, never know what could be hiding behind that box
busted
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Old 10-21-2009, 06:32 PM   #74
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What a crock of shit... This is directly from Wiki



Why don't they go after ben and jerrys???

1 is ICE CREAM and even worse the name of a specially served dish at their shop.
1 is a BEVERAGE served/sold in stores US/Worldwide.

Monster = Beverage company.
Vermonster = Name of a beverage. Created by a beverage company.

Beverages are very close types of companies, could be easily confused.
Beverages and ice cream or cables are not close types of companies, not going to be confused.

Is this really that difficult?
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Old 10-21-2009, 07:05 PM   #75
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Old 10-21-2009, 11:43 PM   #76
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VICTORY !

America You have saved
THE VERMONSTER !!

Your voice has caused corporate america to rethink its position

We can continue to brew our beer as we have since 2006!!


Yea!!! huge victory for the people!!

POWER to the PEOPLE
POWER belongs to the people

via: http://rockartbrewery.com/

-Loki-
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Old 10-21-2009, 11:51 PM   #77
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VICTORY !

America You have saved
THE VERMONSTER !!

Your voice has caused corporate america to rethink its position

We can continue to brew our beer as we have since 2006!!


Yea!!! huge victory for the people!!

POWER to the PEOPLE
POWER belongs to the people

via: http://rockartbrewery.com/

-Loki-
Good for them

Not only did they win, but they got tons of free advertising out of this
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Old 10-21-2009, 11:52 PM   #78
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too many people are afraid to DEFEND themself. you Don't always need a lawyer.

many judges won't stand for it

been to court many times myself - most judges will walk you though it - esp if it's clear someone is trying to crush you with money
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Old 10-27-2009, 02:23 AM   #79
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Just got this email from Monster today, obviously the emails we all sent them worked:


Hansen Beverage Company and Rock Art Brewery
Reach Trademark Agreement

October 26, 2009

Hansen Beverage Company and Rock Art Brewery today issued the following statement in connection with a recent trademark issue:

Hansen Beverage Company and Rock Art Brewery have reached an amicable agreement under which both companies' respective products will be protected - Hansen's Monster Energy® line of energy drinks and Rock Art's Vermonster beer products.

> Rodney Sacks, Hansen's chief executive officer, said: "We are pleased that we were able to resolve this matter expeditiously and put the concerns that had arisen behind us so that both parties can concentrate on their day-to-day businesses, selling their respective high-quality products. Our intent in this matter was simply to protect Hansen's trademarks and prevent any likelihood of confusion arising in the future through potential product extensions and was not to prevent Rock Art Brewery from selling their Vermonster beer."

> Matt Nadeau, owner of Rock Art Brewery, said: "Once Rodney and I were able to talk to each other we quickly appreciated each other's points of view and he acted reasonably, which allowed us to rapidly come to an agreement we are both happy with and allows both of us to move forward positively."
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Old 10-27-2009, 03:03 AM   #80
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Got the email also.
The only way I could have received this email was from MONSTER, that's where I submitted that particular email address.

However -- For the one that they "fold" on... I'm sure they have several other ridiculous lawsuits going so I'm still not drinking their junk.
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Old 10-27-2009, 06:39 AM   #81
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That is BS, he just happens to have been born with that eye type.

They do not want his brewery, nor the name of his best selling beer, they want him to stop using the the name he placed on his tenth anniversary beer. It is a principle thing, however beyond his anti corporate bitching even though he is corporate himself. Beyond that they have billions and he does not. There is the very to true and simple principle that if a trademark holder does not "actively" pursue and enforce potential and real trademark violations that the trademark holder can be stripped of the legal trademark usage and ownership of that name.

Case in point Xerox almost lost their name because everyone was referring to a photocopy as a xerox. They had to not only stop companies from saying it, they had to get the public to stop saying it. Otherwise you face the fate that has happened to many before, like the Elevator company.

If he does not go after other small (or even big guys) himself he can loose his own name, even of his brewery or best selling titles.
He can and I would say should give up on this one. He has to much to loose and nothing really to gain. Bad battle. Plus he is not some single guy working in his basement. He has his family and the families of everyone working for him to think about. All over the naming of his 10 year beer - would be sad to loose it all over what your 10 year celebration.

The "ster" part and such is a stretch. Issue is they both are in the beverage industry. Even though they are separate beverages it does make it a legal issue. Perhaps because of alcohol there is enough difference, I really think not though and drinks are drinks.
Those are some good points! I suppose to be fair I myself am NOT a beer drinker NOR energy drink consumer!
Whatever happens to him doesn't affect me AT all
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Old 10-27-2009, 07:48 AM   #82
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I hope JD from MonsterofBlog doesn't get in the middle of this.... he does great work
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Old 10-27-2009, 08:05 AM   #83
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It's over already: America You have saved
THE VERMONSTER !!

Your voice has caused corporate america to rethink its position
We can continue to brew our beer as we have since 2006!!

Yea!!! huge victory for the people!!

POWER to the PEOPLE
POWER belongs to the people

MOVING FORWARD AMERICA:

This battle is over, please stop contacting Hansen Beverage !
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Old 10-27-2009, 08:34 AM   #84
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Fuck these tubes NEVER QUIT!
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Old 10-27-2009, 08:45 AM   #85
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I was following this on another board. We used to sell this Monster crap but removed it all when we heard about the ? shit. I replaced it all with Sambazones Acai drinks, taste better and are all natural. Congrats to Vermonster
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Old 10-27-2009, 08:52 AM   #86
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Found this on another massage board - Don't Buy Monster Energy Drinks Spread The Word!



Matt Nadeau of Rock Art Brewery, http://rockartbrewery.com , sits down with Green River Pictures to let the world know his side of the Monster Energy drink Trademark lawsuit.
The issue has been resolved. http://rockartbrewery.com/
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Old 10-27-2009, 09:55 AM   #87
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I wouldn't drink any of those energy drinks anyway.. I bet in 15 to 20 years they will come out saying those drinks are responsible for kidney or liver failure for long term drinkers of them. I mean really people there is nothing that can be healthy about that shit.
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Old 10-27-2009, 02:15 PM   #88
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No more Monster Energy Drinks for me.
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Old 10-27-2009, 03:15 PM   #89
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It's good to see positive energy come out of this thread! Since this is gfy in all....
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Old 10-27-2009, 03:55 PM   #90
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Old 10-27-2009, 04:36 PM   #91
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Feel bad for the guy. Seems like a normal guy just trying to make a living. He's not trying to compete directly with Monster in the energy drink market, kind of shitty.
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Old 10-27-2009, 04:39 PM   #92
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Missed the post above. Glad to see they worked it out!
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