When Judging Antitrust Claims Against Google, Look At Lock-In, Not Network Effects

Monster Cable's Lawyers Realize That Even A Moron In A Hurry Knows The Difference Between A Salt Lick And A TV Cable

from the trademark-fun dept

Tue, Jul 22nd 2008 5:25pm — Mike Masnick

Monster Cable has a long history of abusing trademark law to threaten and/or sue pretty much any company that uses the name "Monster" in its brand. That has included the TV show Monster Garage, a clothing store called MonsterVintage, Disney for the movie Monsters, Inc., the makers of Monster Energy drink, the Chicago Bears for having the nickname "Monsters of the Midway," and the Boston Red Sox for offering "Monster seats" on top of their famous "Green Monster" wall. We recently noted that it had also gone after Monster Mini Golf.

Of course, that's not how trademark law works. It doesn't give Monster Cable total control over the name Monster. It just gives the company the right to prevent others from using the brand in the same market in a way that is likely to confuse consumers. It's difficult to believe that anyone would think that Monsters, Inc., was somehow from Monster Cable. But, on and on it goes -- though, it appears that Monster Cable's lawyers were finally convinced to drop one suit. An anonymous reader points us to the news that Monster Cable has withdrawn its trademark challenge against the makers of Monster Deer Block, a salt and mineral lick designed to attract wild deer. Apparently, some lawyers for the makers of Monster Deer Block persuaded Monster Cable's lawyers that there was little chance of consumer confusion between the product and the makers of expensive audio/video cabling.

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Filed Under: cables, monster deer block, moron in a hurry, salt lick, trademark
Companies: monster cable

31 Comments

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Willton, 22 Jul 2008 @ 5:59pm

Lawyers don't make these decisions
Keep in mind that the lawyers for Monster Cable are not the ones calling the shots. The lawyers for Monster Cable are mere agents for the company; they don't typically have the authority to make the decisions of who to target and whether to sue or settle. Those decisions are made by the decision makers: the executive officers or the board of directors. If you're looking to blame someone, blame them.
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- drkkgt, 22 Jul 2008 @ 8:12pm
  
  Re: Lawyers don't make these decisions
  Hmm, I wonder how much it is the execs or the lawyers going to the exes and saying "hey there are these guys we could get money from......."
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- Scott, 23 Jul 2008 @ 12:19am
  
  Re: Lawyers don't make these decisions
  But they can advise the company executives on whether proposed suits have legal basis.
  
  They could say, "Sir, any judge will throw this case out of court."
  
  And the PR/Marketing department needs to understand how this alienates potential customers. I for one would rather see a tech company spend their money on improving product lines than on frivolous lawsuits.
  
  Oh, and don't Monsters of the Midway and The Green Monster predate Monster Cable?
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- dick troll, 23 Jul 2008 @ 2:59pm
  
  Re: Lawyers don't make these decisions
  Don't blame me for helping you do something stupid, unethical or wasteful-I'm just your lawyer/agent. Poppycock. If Monster has a history of engaging in needless or heavy handed threats involving the trademark MONSTER then either they should fire their in house laywer(s) their greedy outside counsel or the management blinded by hubris
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Ruth Smatterling, 22 Jul 2008 @ 6:06pm

Just Boycott the Bastards
There is a really way to help fix these assholes. Don't buy Monster Cable.
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- Anonymous Coward, 22 Jul 2008 @ 6:19pm
  
  Re: Just Boycott the Bastards
  Why would anyone with intelligence buy there crap anyways?
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  - Anonymous Coward, 22 Jul 2008 @ 6:35pm
    
    Re: Re: Just Boycott the Bastards
    Why would anyone with intelligence mistype "there" for "theirs"???
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    - asshole, 22 Jul 2008 @ 6:47pm
      
      Re: Re: Re: Just Boycott the Bastards
      STFU with your spelling crap, sack of nutsackle.
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      - Anonymous Coward, 23 Jul 2008 @ 12:21am
        
        Re: Re: Re: Re: Just Boycott the Bastards
        Aptly named. I agree with AC above. There, their, they're, theirs, there's. This is a set of words that call for extra attention when used. Like it's and its or too, two and to. It takes you half a second to reread and keeps you from looking like an ass.
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        exitstageleft, 23 Jul 2008 @ 8:47am
        
        Re: Re: Re: Re: Re: Just Boycott the Bastards
        I conkur.... ;)
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  - boost, 23 Jul 2008 @ 11:59am
    
    Re: Re: Just Boycott the Bastards
    Their crap? nuff said
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Chris, 22 Jul 2008 @ 6:21pm

Monster cables are overpriced and not worth the money. It seems they have a high profit margin if they are causing so many lawsuits. I refuse to buy Monster cables when there are so many others out there that work just as well for a fraction of the price.
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Hmmm, 22 Jul 2008 @ 7:14pm

New Product at Best Buy
I don't know about you, but if Monster Deer Block wanted to, they probably would only have to put on a shiny wrapper and the sales guys at Best Buy would start pushing it to the sheep that buy the cables. They could call it an Audio/Visual "enhancement" product...
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Greg, 22 Jul 2008 @ 7:36pm

People actually buy them???
I'm surprised that people actually still buy Monster Cables, seeing as nothing about them is monstrous except for the price... Oh the comedy. (I'll be here all week try the veal.)

I was just visiting a friend and he was needing some rewiring done on his gear... "oh lets go to bestbuy..." you know the story. People assume that bright colors and clear packaging means good quality. WTF Old job, boss was obsessed with monster cables, insisted we use nothing but, insisting that they are the best quality... mind you we were running about... oh i'd say a mile+ in total of cat6. We wound up going over his head and explained the absurdity of his notions... you can imagine the conversations so I wont go into them here. But it goes back to, the packaging is worth the 300% markup for the word monster. If it could actually summon creatures of the nether world, fine I'd pay it.

Instead of laughing at our uninformed brethren we should be doing our best to educate them about alternative cabling sources.

Friends dont let friends buy monster cables.
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- Joe Smith, 23 Jul 2008 @ 9:25am
  
  Re: People actually buy them???
  "I'm surprised that people actually still buy Monster Cables"
  
  The big box retailers push Monster cable because the margins are so much better than generic cable. I go to Radio Shack and pay 1/3 the price.
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Texas Monster Boy, 22 Jul 2008 @ 7:48pm

I'd boycott Monster Cable just for being practicing assholes, but I don't use their stuff anyway. Oh well ...
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travis, 22 Jul 2008 @ 8:19pm

It would be nice to see someone with alot of capital,like say the chicogo bears organization, to flip the suit back on Monster cable, since they have been the "monster"s of the midway since long before monster cable came along, and is easily demonstratable, so if its ok for monster to raise these rediculous suits, then it would be perfectly aceptble for someone else to sue them. That would make me smile :)
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- Scott, 23 Jul 2008 @ 12:25am
  
  Re:
  Fine for the Bears to use it, since it predates the cable co. But unfortunately, the Bears didn't trademark it.
  
  I'd love to see Monster Cable held in contempt of court for frivolous filings though.
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Emilio, 22 Jul 2008 @ 8:40pm

When you're in a hurry, and running over to Best Buy 'cause they're the only close place likely to have it, and you go in and look at the shelves, and see more and more Monster brand, and fewer and fewer Belkins, say, or whatever less expensive house brand they might also carry, you come to the conclusion that there's some high-margin collusion goin' on between BB and MC. If they only carry MC, that's what you're gonna end up paying for, rather than not hooking up the new gizmo until the following week, when the UPS guy finally shows up with it...
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cheap electric cable instead of monster cable, 22 Jul 2008 @ 9:54pm

the alternative
You can use cheap brown electrical wire that can be found at your local hardware store. The same kind that is often used for lamp cords. It's better than Monster Cable because the sound is the same** and the price is much cheaper.

** Google "monster cable wire coat hanger" minus the quotes.
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- Scott, 23 Jul 2008 @ 12:29am
  
  Re: the alternative
  Better to use actual large gauge stereo wire. It's cheaper than electrical cord and has the advantage that one side will have a stripe or other distinguishing marks to allow you to keep your polarity straight. Comes on big spools at a fraction of the price that Monster charges.
  
  For audiophiles, Monster Cable may fall between inferior and acceptable. But for anyone who isn't a serious audiophile, high end cabling doesn't provide a noticeable benefit. In other words, until the cabling is providing most of the quality loss, there's not much sense in upgrading to hobbyist quality stuff.
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- esteban DeJesus, 24 Jul 2008 @ 1:19pm
  
  Re: the alternative
  I don't understand all this bashing about cables, every industry (especially in the consumer driven US) has higher end products and costlier versions.. cloths, cars, houses its is everywhere. it is called a free market.
  you really think 18-20 guage lamp cord will preform and last as long as quality speaker wire? wow what ignorance!
  at least your post is generic enough, most of the bashers lead readers competitor cables or alternative locations to purchase on line, which is piggy-backing on monster name recognition, because the product they want to promote/sell will never generate the hits on their own merits.
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Double Down, 22 Jul 2008 @ 10:12pm

Most likely.....
the salt lick would be more useful.

Eric
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Jack, 22 Jul 2008 @ 11:45pm

When will Monster Cable Get its Come Uppance?
When will a judge seriously penalize Monster Cables' lawyers for these frivolous lawsuits?
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Dan, 23 Jul 2008 @ 12:20am

mini or monster
Maybe this is just a Freudian over compensation by the Monster executives.
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sknarf, 23 Jul 2008 @ 4:20am

monster
If you knew the arrogant *#*#* that owns Monster you would understand the stupid lawsuits. And yes there is a sick amount of profit in those nice looking very average cables.
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PRMan, 23 Jul 2008 @ 7:46am

Lamp cable or speaker wire
Just be careful if you are using long runs of lamp cable. It is unshielded, which means you will pick up lots of noise on the line (buzz, hum, that sort of thing, or snow on video).

I knew a church once that thought like that, and then they wondered why they got police radio in the middle of their services sometimes. At sufficient lengths, the unshielded wire becomes an antenna for a given frequency.

Don't take this as me recommending overpriced Monster Cable, because I am not. Most audiophiles will go for something like Monoprice or Blue Jeans Cable, two companies that are high quality at a slightly above average price.
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bob dog, 23 Jul 2008 @ 9:45am

Lamp cable or speaker wire
Not much difference I can see between Monster Cable and zip cord...or Monster Cable, Inc. and SCO, Inc.

Oh, damn. Now I'll probably get sued.
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john doe, 25 Jul 2008 @ 11:48am

There's a recent Monster cable "review" on the Web somewhere, where a guy very carefully stages a blind comparison of Monster cables to other products. His MonsterCable-fan brother couldn't tell the difference between MonsterCable and coat-hanger wire. Literally, coat hangers that have been straightened and stripped of varnish, and then used as speaker cables. Sounded just as good, to a blindfolded listener!
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دردشة, 5 Jul 2009 @ 2:26pm

tankyo
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دردشة, 5 Jul 2009 @ 2:26pm

tankyo
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