There's a difference.. The energy drinks are worth $2 each, the cables, however..

i drink either

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.

Posting to say hi to Fletch :)

/wave

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.

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

http://cdn-7.psndealer.com/e2/dealer...6RMonster1.JPG

This is the part i don't get... why does HE (Vermonster, Rock Art Brewery) have to pay for the attorneys fees?
http://i34.tinypic.com/2m2t3wz.jpg

why should he?

same here.

http://www.monsterenergy.com/web/guest/contact

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.

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.

exactly. He knows this is his best chance of making something big out of a small business. Good for him :thumbsup

Will be interesting to see how far this actually goes.

Our system sucks here, we need to be able to represent ourselves. The legal system weighs on money way too much!

Monster Energy is really terrible

Aww poor guy. You can really see in his face that his life dream is beeing crushed.... :(

[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.

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.

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.

What a crock of shit... This is directly from Wiki

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

only 3 cookies? seems like that can use more cookies

Maybe it's time to clean the fridge, never know what could be hiding behind that box :winkwink:

busted :1orglaugh:1orglaugh

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?

:1orglaugh:1orglaugh

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 :thumbsup

Not only did they win, but they got tons of free advertising out of this

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

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."

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.

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 :)

I hope JD from MonsterofBlog doesn't get in the middle of this.... he does great work :)

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 !

Fuck these tubes NEVER QUIT!

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 :thumbsup

The issue has been resolved. http://rockartbrewery.com/

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.

No more Monster Energy Drinks for me.

It's good to see positive energy come out of this thread! Since this is gfy in all....

http://i165.photobucket.com/albums/u...ie-monster.jpg

ADG

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.

Missed the post above. Glad to see they worked it out!