Latest Australian Internet Censorship Campaign Begins To Widespread Protests

Monster Mini Golf Using eBay To Fight Monster Cable's Trademark Lawsuit

from the good-for-them dept

Wed, Dec 3rd 2008 2:11pm — Mike Masnick

Monster Cable is famously litigious over its trademark -- suing just about anyone who uses the name "Monster" as a part of their corporate offering. Most of these lawsuits are bogus -- as trademark only covers the specific areas of business you're in, and doesn't give you complete control over the name. Thus, if you make a salt lick for deer called Monster Deer Block, you shouldn't have to worry about a lawsuit from Monster Cable... but you'd still get one, as pretty much everyone from the TV show Monster Garage to the Boston Red Sox (for the "Monster seats" on top of the "Green Monster" wall in left field) have found out.

Earlier this year, the company went after a small mini-golf operation in California called Monster Mini Golf, which we doubted anyone would confuse with the cable makers. Apparently, that wasn't the only Monster Mini Golf that Monster's lawyers were busy hassling. Chris Collett alerts us to the fact that a Rhode Island based Monster Mini Golf is also facing a lawsuit, and asking for help. But, there's an interesting twist here. The company is pleading it's case on eBay, and asking people to contribute to its defense fund via eBay. I'm not sure if this goes against eBay's terms of service, though I hope it doesn't. (Update: It did go against eBay's ToS, so it was taken down -- but the company has put up a new auction for a coupon at Monster Mini Golf which will serve the same purpose):

BUT...one man is destined to crush what we have built. He is the founder of Monster Cable Inc. (a company that makes Audio cables) and he's suing us for "Trademark Infringement".

In a nutshell, trademark infringement is based solely on "Likelihood of Confusion", or essentially, "could the average consumer be confused between the two?". The answer is no, as decided by the Patent and Trademark Office when they granted our trademarks, but Monster Cable Inc filed an opposition against that decision, and sued us.

To this day, this one man has opposed approx 400 companies...and it doesn't look like he EVER intends to stop. This is the true meaning of Corporate Bully.

Their tactic is to run the smaller companies out of money, and force them into a settlement where they surrender their name to Monster Cable Inc, who then licenses it back to them for a fee. Yes, so then we would be paying him for a concept and business we created and have worked very hard for! It is essentially extortion, but sadly, it is cheaper than going to trial, which can be crippling to small businesses like ours.

Unlike the 414 companies he has forced into settlement by bleeding them dry.... we have decided to continue on and fight the good fight. We have chosen to stand up for anyone who has ever been bullied, picked on, abused, or otherwise forced into an unfair or unjust situation by a bigger, stronger, (or in this case, richer) opponent.

Each small business that was forced to sign over their name is one more brick in the massive Monster Cable Inc wall, held together by the blood of those crushed beneath their corporate wheels. It is very very sad.

So far our legal fees are well over $100,000. (And counting) and will likely reach $250,000 when all is said and done. No wonder why 400 companies have waived the white flag!! 250K is the cost of "Winning"!! We need your help, we cannot afford to do it alone. Wondering if this is real or not...just google Monster Mini Golf and Cable. Or visit audioholics web site and you will also read about many other cases there as well.

What we are selling is a "Piece" of our legal defense and a small slice of Justice to you for $1. Yep, just a buck....and as Sally Struthers once said, that's less than a cup of coffee! Geez...at Starbucks, it wouldn't even buy you that!

In return for your gracious purchase, you will receive a heartfelt "Thank You" from us and the knowledge that you have helped defeat a corporate bully who has been abusing the legal system for years! And, if you print your paypal receipt and take it to any Monster Mini Golf location, we'll take $2 Off a round of Mini Golf! (that's double your money back! Reg price for 18 holes is between $5.50-$7.50)

This is interesting, as I hadn't heard that Monster Cable was apparently selling the Monster name back to people it bullied. That's even more obnoxious -- and a clear abuse of trademark law. Also, it's been a while since we've seen companies using eBay auctions for PR, so maybe that's making a comeback. Either way, if you want to help stop one of the biggest trademark bullies out there, maybe try to buy a share of the legal defenses, and hope eBay doesn't take the auction down.

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Filed Under: monster, trademark
Companies: ebay, monster cable, monster mini golf

70 Comments

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Corncob, 3 Dec 2008 @ 2:26pm

That was fast
eBay already has the item listed as invalid
[ link to this | view in chronology ]
- John Duncan Yoyo, 3 Dec 2008 @ 3:08pm
  
  Re: That was fast
  Perhaps they need to sell something on eBay to stay legit.
  
  People would buy good Monster mini-golf t-shirts and apparently there is lots of money in t-shirts on the internet because Mike told us so.
  [ link to this | view in chronology ]
  - ehrichweiss, 3 Dec 2008 @ 5:04pm
    
    Re: Re: That was fast
    There is a lot of money in t-shirts, period. When it costs $2-4 for the shirt and $0.10 for the ink, it's a pretty good deal. My setup, which will let me produce any design I want, cost me under $100.
    [ link to this | view in chronology ]
Micro Monkey Spit, 3 Dec 2008 @ 2:29pm

Guess the day of PR via eBay is done...
[ link to this | view in chronology ]
mklinker, 3 Dec 2008 @ 2:44pm

Awww man
This was going to be the final straw that actually made me use eBay... but alas, the listing has already been withdrawn.. perhaps they'll start up a simple PayPal account. I wonder what eBay has against this type of auction item?
[ link to this | view in chronology ]
Jim, 3 Dec 2008 @ 2:47pm

PayPal
They do have a PayPal link at the bottom of this page:

http://www.monsterminigolf.com/bully.html
[ link to this | view in chronology ]
- Yakko Warner, 3 Dec 2008 @ 3:32pm
  
  Re: PayPal
  The page has a link to the new eBay listing:
  
  ebay link
  
  Apparently, the old listing violated eBay's "No Item" policy, so now they re-listed it as a bid for a printable coupon.
  [ link to this | view in chronology ]
Anonymous Coward, 3 Dec 2008 @ 2:47pm

Not that I think many lawyers have ethics, but isn't this a breach of legal ethics? The lawyer, trained in trademark law, knows beyond a shadow of a doubt that the lawsuit is bogus, and is nothing more than a shakedown. Why doesn't a judge step up and say something?

What the fuck is wrong with our legal system?
[ link to this | view in chronology ]
- Supply Guy, 3 Dec 2008 @ 3:31pm
  
  Re:
  Money. That is what is wrong with out legal system. If someone could pass a law that only in cases of unnatural death can a monetary settlement be obtained.... the number of law suites would plummet.
  [ link to this | view in chronology ]
- Mechwarrior, 3 Dec 2008 @ 4:46pm
  
  Re: Lawyers need Ferrrari's too
  Lawyers are trained in school to "look the other way" when it comes to providing services for their client. Its just that these lawyers found a ridiculously easy mark to generate income through shaking down small businesses. This pattern of extortion isnt new. Mafioso lawyers have done this for decades before, now its not just exclusive to organized crime.
  
  One more thing, since these are civil cases, they dont need to prove anything beyond the shadow of a doubt. They just need to show that the defendent in the case had "likely" , or had intent to infringe the copyright.
  [ link to this | view in chronology ]
  - Willton, 3 Dec 2008 @ 8:36pm
    
    Re: Re: Lawyers need Ferrrari's too
    One more thing, since these are civil cases, they dont need to prove anything beyond the shadow of a doubt. They just need to show that the defendent in the case had "likely" , or had intent to infringe the copyright.
    
    Wrong. First, this is not a copyright action; this is a trademark action. Second, intent has little to do with infringement. Third, in a civil case, one has to prove his claim by a preponderance of the evidence. In other words, in this case, the evidence must show that it is more likely than not that there was trademark infringement (or dillution, whatever the case may be).
    
    Get your facts straight.
    [ link to this | view in chronology ]
- Killer_Tofu (profile), 4 Dec 2008 @ 6:39am
  
  Re:
  What the fuck is wrong with our legal system?
  
  I would say a lot. Ranging from those making to laws, to some enforcing the laws, and including many of those interpreting the laws.
  
  Nobody cares about the people anymore. It mostly revolves around money and how can they make more. Monster Cable here is just another example of it.
  [ link to this | view in chronology ]
Kenneth Younger, 3 Dec 2008 @ 2:47pm

How to stop this
I know this is perhaps naive, but can't a judge eventually tell Monster Cable they have to stop this. Don't people who sue companies frivolously enough eventually have judges effectively bar them from further types of litigation?

This is just getting ridiculous.
[ link to this | view in chronology ]
Was Wondering, 3 Dec 2008 @ 3:21pm

Why not "Sell" the $2.00 of coupons on ebay for $1.00. It's the same thing and it does not break the ebay listing rules.
[ link to this | view in chronology ]
Anonymous Coward, 3 Dec 2008 @ 3:31pm

Why not boycott Monster Cable company and never buy any of their crapware again?
[ link to this | view in chronology ]
- cheap electric cable instead of monster cable, 3 Dec 2008 @ 5:13pm
  
  cheap electric cable instead of monster cable
  The subject says it all. Cheap electric wire sounds as good, if not better than monster cable(screw the "tm"). Hell, so do coat hangers soldered together.
  [ link to this | view in chronology ]
Jeff, 3 Dec 2008 @ 3:40pm

Re: Money
I don't even think it would take an 'unnatural death' clause. How about a system where if you sue, and lose, you pay for the winner's defense costs. I believe there is a system like that in the UK. That makes these frivolous lawsuits much more risky to companies like Monster Cables.
[ link to this | view in chronology ]
- a european, 3 Dec 2008 @ 4:22pm
  
  Re: Re: Money
  quess what, as much as i know this rule applies to all european countries. the loser pays the winner's legal costs and all court fees. no chance to get through with such silly lawsuits. ok, maybe in france but that's a different story.
  [ link to this | view in chronology ]
- Willton, 3 Dec 2008 @ 8:26pm
  
  Re: Re: Money
  I don't even think it would take an 'unnatural death' clause. How about a system where if you sue, and lose, you pay for the winner's defense costs. I believe there is a system like that in the UK. That makes these frivolous lawsuits much more risky to companies like Monster Cables.
  
  It would also make the more meritorious claims more risky to file, as even if a person had a case, the chances of the judge or jury merely disagreeing with the claimant would lead to a tremendous cost upon the claimant. Such a rule would put a chilling effect on people who have been legitimately wronged.
  [ link to this | view in chronology ]
  - Anonymous Coward, 4 Dec 2008 @ 8:04am
    
    Re: Re: Re: Money
    @ Willton
    
    Spot on. That's the balance our legal system is trying to deliver. And the cost is that we have to endure lawsuits that are frivolous.
    
    Likewise, I'd rather see 5 guilty men go free than 1 innocent man go to prison.
    
    That is the price of liberty, and the rebuke of a monarchy.
    [ link to this | view in chronology ]
Anonymous Coward, 3 Dec 2008 @ 3:53pm

Am I the only one expecting Starbucks to sue for "implying endorsement"?
[ link to this | view in chronology ]
BJC (profile), 3 Dec 2008 @ 4:27pm

Screw you Monster!

My home theatre is hooked up with the cheapest-available HDMI cables. Ones and Zeros are ones and zeros no matter what overly litigious shysters say!
[ link to this | view in chronology ]
Erv Server, 3 Dec 2008 @ 4:28pm

Monster is a monster
The cable companies should be suing Monster Cable for using the word "cable'
[ link to this | view in chronology ]
Manny_mmg, 3 Dec 2008 @ 4:49pm

We will not quit!
So our eBay post was mysteriously taken off. Here is the new link;

http://cgi.ebay.com/Buy-a-Monster-Mini-Golf-Coupon-fight-Corporate-bully_W0QQitemZ250336911 645QQcmdZViewItemQQptZLH_DefaultDomain_0?hash=item250336911645&_trksid=p3286.c0.m14&_trkparm s=72%3A1205%7C66%3A2%7C65%3A12%7C39%3A1%7C240%3A1318%7C301%3A1%7C293%3A1%7C294%3A50

If it happens to be taken off again, it can be searched easily by typing bully under the category of “everything else.” We at Monster Mini Golf are very appreciative of your support. I am sure that whoever else was bullied by Monster Cable appreciates this as well. You may also visit this link; http://www.monsterminigolf.com/bully.html . It is a link to a page on our web site. Again, we can’t thank you enough.

- Manny
[ link to this | view in chronology ]
Anonymous Coward, 3 Dec 2008 @ 5:04pm

See Nissan.com for a similar abuse.

Also, since they violated eBay's ToS, they are now criminals and should be sharing a cell with Lori Drew.
[ link to this | view in chronology ]
Norm, 3 Dec 2008 @ 5:09pm

Monster Cable's lawsuits
Link to the USPTO list of lawsuits involving "Monster Cable Products, Inc." (5 pages of lawsuits!)
http://ttabvue.uspto.gov/ttabvue/v?pnam=Monster Cable Products, Inc.

Link to this specific case:
http://ttabvue.uspto.gov/ttabvue/v?pno=91186205&pty=OPP

Link to the actual filing: (pdf)
http://ttabvue.uspto.gov/ttabvue/ttabvue-91186205-OPP-1.pdf

Its ironic that their trademark on "Monster" describes them perfectly.
[ link to this | view in chronology ]
- Norm, 3 Dec 2008 @ 5:11pm
  
  Re: Monster Cable's lawsuits
  Sorry first link was bad.
  http://ttabvue.uspto.gov/ttabvue/v?pnam=Monster Cable Products, Inc.
  [ link to this | view in chronology ]
Daniel Mittleman (profile), 3 Dec 2008 @ 5:47pm

Coupon redemption
I want to take one of these coupons to Monster Cable and see if they will honor it.

If they ask why, I can just tell them I'd assumed they were a division of Monster Mini Golf.
[ link to this | view in chronology ]
Anonymous Coward, 3 Dec 2008 @ 6:43pm

Monster Cabal
Monster crap.
[ link to this | view in chronology ]
C.A., 3 Dec 2008 @ 7:11pm

Monster cable...it's not that good
Agreed, the frivolous lawsuits, so blatant and obvious...only one reason why they are overlooked.

I'm an audiophile, who loves listening to music and there are a lot of cable manufacturers out there...Monster just dropped off my list !
[ link to this | view in chronology ]
- ToySouljah, 4 Dec 2008 @ 1:50am
  
  Re: Monster cable...it's not that good
  Yeah, I've used them in the past for installs of Home and Car audio. I think I will be using and recommending different signal cables from now on.
  [ link to this | view in chronology ]
mdlt, 4 Dec 2008 @ 5:14am

Monster Price
Their cables are over rated, and over priced.
[ link to this | view in chronology ]
Patrick and Christina Vitagliano (Co-Founders, Mon, 4 Dec 2008 @ 6:41am

Thank you
Just wanted to drop by to thank ALL of you for taking the time to voice opinions here about our fight. It's going to taks an ARMY to defeat these bully, and what is needed is a MASSIVE public outcry.
To learn more ways to get inolved, visit our battle page at http://monsterminigolf.com/bully.html where you'll find helpful tips on how to make a difference, as far as a wealth of links to other blogs in the audio world and the outrage MC has created in it.
Writing them a letter and telling them how you feel is particularly effective.
Thanks again!
-Patrick Vitagliano
[ link to this | view in chronology ]
Patrick and Christina Vitagliano (Co-Founders, Mon, 4 Dec 2008 @ 6:46am

Thank you
Oh yeah, one more thing....
We got the ebay listing relisted (At least for the time being) let's see if this one sticks!
-Patrick Vitagliano

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=250336911645
[ link to this | view in chronology ]
- Anonymous Coward, 15 Dec 2008 @ 3:23pm
  
  Re: Thank you
  [ link to this | view in chronology ]
Big Mike, 4 Dec 2008 @ 7:29am

Grrrr
Monster Cable BAD!!!
[ link to this | view in chronology ]
Anonymous Coward, 4 Dec 2008 @ 8:46am

Man. I almost feel like setting up a string of companies specifically designed to annoy Monster Cable.

Monster Table (sells furniture)
Monster Label (sells custom signs, stickers etc...)
Monster Ladle (Sells designer cutlery)
Monster Stable (raises horses)

I'd pattern all of my advertising campaigns around theirs, too.

Bah... I really need a lot of money. I need to fund my crazy schemes *somehow*.
[ link to this | view in chronology ]
- nasch, 4 Dec 2008 @ 9:39am
  
  Re:
  In case you need more ideas...
  
  Monster Dradle
  Monster Fatal (funeral services?)
  Monster Treadle (antique sewing machines)
  Monster Sable (pet store for sables, martens, ferrets, etc)
  Monster Cradle (baby furniture, maybe a division of Monster Table)
  Monster Fable (childrens' books)
  Monster Gable (roofers or window installers or some such)
  [ link to this | view in chronology ]
Anonymous Coward, 4 Dec 2008 @ 9:12am

If I had some millions of dollars and time to throw around - what I'd do is start a company, create several hundred frivolous patents for cables, and immediately sue Monster Cable for violating said patents. The fees needed to fight such a case are likely to bury them.
[ link to this | view in chronology ]
- Willton, 4 Dec 2008 @ 11:22am
  
  Re:
  If I had some millions of dollars and time to throw around - what I'd do is start a company, create several hundred frivolous patents for cables, and immediately sue Monster Cable for violating said patents. The fees needed to fight such a case are likely to bury them.
  
  Good luck. The average amount of time from filing to issue of a patent application is 3 years, and with admittedly frivolous patent apps, you may be waiting a lot longer and shelling out a lot more money before you see your grand plan come to fruition.
  [ link to this | view in chronology ]
nipseyrussell, 4 Dec 2008 @ 9:37am

Well, good luck to these guys. While I dont doubt it, I dont understand why you need hundreds of thousands of dollars to fight these obviously BS cases. Cant you just show up in court and point out that its BS without racking up thousands of hours in billables??? Naive, I know, but why does it require so much work??
[ link to this | view in chronology ]
PaCorvetteLover, 4 Dec 2008 @ 6:29pm

EBAY 1995 - GREEDBAY 2008
WELL

EBAY STOCK HOLDERS

AS
OF
11 / 22 / 08

EBAY HAS REMOVED
OVER
648
Items
FROM MY STORE

CAUSE I REFUSE TO USE THEIR NEW
PAPER LESS PAYMENT

LAW !!!!!!

My MONTHLY EBAY BILL
WAS
APPROX: $178.00
A
MONTH

THATS OVER
$2,000 a YEAR

NOW HOW DOES IT FEEL
THAT YOUR
COMPANY
THAT YOU INVESTED
YOUR HARD EARN MONEY
IS DOING THIS TO THE PEOPLE WHO MADE EBAY !!!!

I BEEN MEMBER SINCE 1997
MY EBAY DAYS ARE OVER

I SPENT MANY WASTED
HOURS / DAYS / MONTH
BUILDING UP
A
STORE

TO HELP EBAY TO GROW !!!
ONLY TO BE EVICTED

AND
ALL MY HARD EARN TIME
&
MONEY TO BE THROWN
OUT THE DOOR
WITH
NO COMPENSATION
OR
EVEN
A
THANKS FOR BEING A LOYAL
CUSTOMER TO EBAY
AND ITS WORKERS
AND
STOCK HOLDERS
OVER
THE
LAST
11 YEARS

JUST LIKE YOUR STOCK MONEY
BEING THROWN OUT THEIR
FRONT DOOR

I HOPE THEY HAVE TOLD YOU
THIS

I WONDER HOW MANY OTHER STORES THEY ARE DOING THIS TOO

HAVE THEY TOLD U
HOW MANY SELLERS ARE FLEEING EBAY !!!

NOT BECAUSE
OF
BAD ECONOMY

BECAUSE
OF
BAD MANAGEMENT
AND
MAINLY

GREED !!!!!!!

PRETTY SOON
EBAY WILL BE LIKE A MALL
WITH MANY STORES
BUT EMPTY SPACES

I WAS SUSPENDED
CAUSE I WROTE THIS STUFF IN THEIR CHAT ROOMS !!
CAUSE THEY DIDNT WANT OTHER SELLERS TO
SEE THIS !!!
SO I WASNT ABLE TO WRITE
NO MORE COMMENTS
IN CHAT FORUM !!!

SO HERE I AM

WHERE THEIR STOCK HOLDERS
COME

GO VISIT MY
EBAY STORE !!!

A BLAST FROM YOUR PAST !!!

SEEE HOW MANY ITEMS ARE IN THERE NOW

SEE HOW MANY HAPPY CUSTOMERS
I HAD
USING
POSTAL MONEY ORDERS ONLY
OVER THE
LAST
11 YEARS !!!

THANKS FOR READING THIS
EMAIL ME ANY TIME WITH YOUR COMMENTS !!!

PS
I HAVE A STORE ON
EBAY
THATS
UP FOR AUCTION
OR
FOR SALE !!!!!
[ link to this | view in chronology ]
- Brad, 5 Dec 2008 @ 6:49am
  
  Re: EBAY 1995 - GREEDBAY 2008
  Yeah eBay is becoming sleazier by the day. I've known that, being in the network security business, that they collect and sell every little thing about you to marketers (note that paypalobjects.com and ebayobjects.com are registered to Doubleclick), so if you value your privacy rights, don't even think of using eBay. They are also VERY sleazy towards their sellers. My GF used to sell heavily, until a buyer made a complaint to eBay, even the product she sold was exactly as described and sent on-time. Paypal refunded his money but they also let him keep her items. Obviously, what's happened here is eBay has become too big for their britches, and I think there is grounds for a class-action lawsuit. In the meantime, STAY AWAY FROM EBAY!
  [ link to this | view in chronology ]
  - an observer, 11 Dec 2008 @ 7:06pm
    
    Re: Re: EBAY 1995 - GREEDBAY 2008
    Please don't turn this thread into an ebay grip session.
    
    This thread is about the heavy handed tatics of Monster Cable to force business to lease their good name back from Monster Cable.
    
    Never buy Monster Cable products . . . spread the word. They have severely tarnished their own name.
    [ link to this | view in chronology ]
  - Pete, 15 Dec 2008 @ 3:20pm
    
    Re: Re: EBAY 1995 - GREEDBAY 2008
    There are rules and regulations about the use of trademarks and the use of company services including Ebay. Some people just don't respect that, and that hurts legitimate users.
    [ link to this | view in chronology ]
Pete, 11 Dec 2008 @ 1:20pm

The Monsterous Truth About Monster Mini-Golf
On Behalf of Noel Lee, the founder of Monster Cable. I am aware of your concerns regarding the lawsuit that we filed against Monster Mini Golf, a Rhode Island-based company that franchises miniature golf establishments across the U.S. (currently 24 locations). Suffice to say we take this lawsuit very seriously and filed only as a necessary measure to protect our established trademark rights. Regardless of what false representations have been circulated about Monster, we are not a faceless corporate giant out to squash legitimate business concerns and rising entrepreneurs. We are in fact, a family-owned company that relies heavily on our brand name and reputation in order to continue serving our customers. We have always tried to provide our customers with the highest performance products at an affordable price. While we are best known for our cable products, we also manufacture high performance accessories in business areas ranging in home theater, computing, gaming, portable entertainment and power management. To protect these business areas, we have sought and been awarded trademarks for each respective category. In addition to the areas above, in the past 30 years, we have also expanded the categories including sports and other lifestyle ventures. According to the trademark law, we must enforce our marks or we will lose them and they will become generic. We were trying our best to avoid the lawsuit, and we are trying our best to settle the lawsuit. We appreciate your viewpoints and hope you will review the attached documents to fully understand the facts before making judgments against myself or my company. http://www.monstercable.com/monster_truth Monsterously, Noel Lee nlee@monstercable.com
[ link to this | view in chronology ]
- an observer, 11 Dec 2008 @ 6:56pm
  
  Re: The Monsterous Truth About Monster Mini-Golf
  If in fact your only concern was protecting the Monster name, why would you turn around and lease the name back to the very people you are contesting? Do you see a conflict with your arguement? It's about your making a dime where ever possible, plain and simple. Otherwise you would seek to simply have the name Monster not used by anyone but Monster Cable.
  [ link to this | view in chronology ]
  - Pete, 12 Dec 2008 @ 1:10pm
    
    Re: Re: The Monsterous Truth About Monster Mini-Golf
    On Behalf of Noel Lee, Found of Monster Cable Some perspective for you on your comments. Apple, EBay, Amazon, Virgin, Dial Soap, or Tide detergent have trade names. These companies vehemently enforce their marks as required by the Patent and Trademark office, or they will lose all rights to their marks, just as we would if we did not enforce them. That’s the trademark law. We have been building our Monster marks beginning in 1978 when there were no Monster trademarks except for Cookie Monster. It took a long 30 years to get to the number of Monster trademarks that have been awarded to us. We have built up many Monster marks and have invested a lot of money in building the brand in motor sports, gaming, and other related businesses. We also have Monster Game, which far predates the Monster Mini Golf filing in the entertainment category. Mini Golf has also filed for the “Monster” stand alone trademark that we already own in many classes. So it’s not mini golf vs. cable, it’s their trying to use the Monster mark while we already own it. We consider our Monster mark a “famous mark” and as such, can be diluted with other people using it, just as those companies mentioned above. If they were a small family owned business, that would not bother us because the dilution is minimal. Monster Mini Golf is a franchise business that goes across 10 states, fully intentioned to go national. Unlike us, where we have trademarks awarded to us by the patent and trademark office, they are licensing to their franchises a trademark that was never granted to them. They should at least wait until the trademark office examines their application, and looks at ours, and it is the trademark office that should decide. Visit our web site at http://www.monstercable.com/monster_truth for complete information about this issue. By the way, we are also a family owned business. I would not consider us a huge company as we only have 500 employees. Look us up, and feel free to contact me by email. Please put in the subject line Reply to Noel so I can easily recognize it. Thank you so much for sharing your thoughts. It allow me the opportunity to express our viewpoint with you. Monsterously, Noel The Head Monster truth@monstercable.com
    [ link to this | view in chronology ]
  - Pete, 15 Dec 2008 @ 3:42pm
    
    Re: Re: The Monsterous Truth About Monster Mini-Golf
    This is common practice in the business world. Monster has reached similar licensing agreements with many companies including Monster.com and Monster Energy drinks. Apple, Virgin, and Amazon do the same thing.
    [ link to this | view in chronology ]
Pete, 14 Dec 2008 @ 7:44pm

Public Proposal to Monster Mini Golf
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
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- Patrick Vitagliano, 14 Dec 2008 @ 8:57pm
  
  Re: Public Proposal to Monster Mini Golf
  Mr Lee.....
  Really? I mean.....REALLY??
  After the mess you've made, and the $183,000. you've cost us so far.....
  You come to this forum and ask us for more money????
  $100. per month, per franchise, is $2,200. per month, and you say it's not about money?
  
  Here's a better idea.....Leave us alone.....Live and let live.
  
  We would like you to stop opposing the "Monster Mini Golf" mark that the USPTO already granted us.
  We would then like you to reimbuse us for the crippling legal fees that we have had to accrue as a result of your actions.
  Just clean up your mess, get us back to zero, and let's all get on with our lives.
  
  You have already ruined Christmas for us, and the emotional damage that you have caused for my wife so far can never be undone. She is crying even as I write.
  
  -Patrick Vitagliano
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FormerMonsterUser, 15 Dec 2008 @ 11:27am

Monster Cable Stinks!
This kind of bogus, non-sensical litigation is simply too much! Monster is a great name for the legal behemoth that they have became. Mr. Vitagliano good luck in slaying this idiot! Maybe it's actually idiots as their law firm(s) seem to be bordering on "unethical" for even offering to take part in this scheme! Maybe they should sue "Comcast Cable" or "Porter Cable" (power tools) because they have "Cable" in their name, shees!

After reading on the net, all of the other absurd bully tactics of Monster Cable, I will not only never buy Mosnter's junk again, I will cut up the few Monster cables that I have into tiny little pieces. Ya know, their cables are just cables. Average at best and priced higher than average.
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manny_mmg, 15 Dec 2008 @ 1:31pm

Re: Public Proposal to Monster Mini Golf
Mr. Lee,
First let me tell you a bit about myself. I am a former United States Marine and war veteran. I served with the Marines honorably for 11 years. I am very difficult to offend. You just offended me. Now let me tell you how. I will do this in such a way that is easy to understand and absorb.

Here is what you wrote;
“The sentiment of our customers wins over our rights to protect the brand.”
And
“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.”

Here is what I have to say about this;
As a person who is willing to die for the rights of all Americans, it is disappointing to notice how carelessly you claim to give up your rights. I am a humble student of the U.S. Constitution. I don’t remember anything that states that a person must give up their own rights if a person of an opposing view expresses their own. I realize that the freedom of speech does not always work in your favor all the time. But, to imply that free speech forced you to give up your rights is simply careless.

Here is what you wrote;
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:
elfsystems.org/partners.html

Seg4Vets: Segways for disabled veterans
draft.cc/draft3/Donations/Benefactors/tabid/113/Default.aspx

Here is my opinion;
How dare you! I am sure that these are wonderful charities. But to use sick children and wounded war veterans (my brothers & sisters) as a ploy for your own selfish cause is beyond low. To use others misfortune to “protect you trademark” sickens me. THESE ARE PEOPLE SIR, NOT PAWNS THAT YOU CAN USE TO MANIPULATE OTHERS!

Don’t even get me started on how you are taking advantage of our legal system for your own benefit. Once I calm myself down, I will make more arguments in regards to the actual case.

Good day,
- Manny
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- Pete, 15 Dec 2008 @ 3:46pm
  
  Re: Re: Public Proposal to Monster Mini Golf
  Noel Lee is himself physically challenged and uses a Segway to get around. He is also well known to appreciative of the power of film and music. For these reasons he cares deeply about how these affect others an has chosen for a long time to be involved in these charities.
  
  This is not a publicity ploy. You can read all about his philanthropy at http://www.monstercable.com/community
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Christina Vitagliano, 15 Dec 2008 @ 1:54pm

From Christina, Founder of Monster Mini Golf & Human Being...not a Head Monster
Hi all,

I have never posted here. I have read Everything and thank everyone. Here are my thoughts:

22 Franchises so that would be $2200 a month we would have to pay Noel Lee for a business we created. I really don't think he actually gets it.

If he had left us alone do you think people would be wandering the universe wondering how anyone could tell the difference between Monster Cables or Monster Mini Golf?

Yet now...if you ask people if they know the difference, I am guessing they will clearly answer but I don't think that it would be the answer Monster Cable was aiming for.

I truly believe in what we are fighting for and I never wish this upon anyone else. Maybe this year someone could buy Noel Lee a heart for Christmas. If I could get this man to see what he has done, heck!, I'd bring him a heart myself. I think the only chance he has at any redemption at all is to come forward...in public, in person, apologize, pay our fees that resulted in this mess and realize that we live in a world where we really can exist all together. (Cables and Mini Golf in the same place..imagine that!)

If he could do that, I would fly out to sunny California and stand by his side publicly and thank him. I think that is his only redemption at this point and I can honestly say that would restore my faith in believing that he is a human being, with a heart. Up till now, he's been a 100% Grinch!

Thank you all again,
Christina Vitagliano
Co-Founder & Creator
Monster Mini Golf
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Anonymous Coward, 15 Dec 2008 @ 3:36pm

"Monster" has been trademarked in the gaming space for many years. You can verify this by searching the US Patent and Trademark office. http://www.uspto.gov/main/profiles/acadres.htm

Monster has also be involved in sporting lines of business and sporting venues.

MonsterTruth.com
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- Pete, 15 Dec 2008 @ 3:43pm
  
  Re:
  Sorry, that should have included my name. Its Pete.
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Manny_mmg, 15 Dec 2008 @ 5:55pm

Pete, Perhaps you missed the point. Let me attempt to make this even easier to understand. But first let it be known that I have a deep appreciation for anyone who donates his or her time and/or money to a meaningful and legitimate charity. What I do not like is the fact that these charities were used in an attempt to gain some sort of ground in this whole thing. Even as I write, I feel sorry for having to bring them up. What do they have to do with it? If his intentions were completely unselfish, then why even bring them up? Why not just give these charities something without having to be noticed for it? Out of respect for the people who are a part of these charities, please lets keep them out of it. They have nothing to do with this. It is unfair to put them in this position.

I mentioned I am a war vet. But what I have seen and done pales in comparison to what others have given for their country. I can say with certainty that these heroes deserve more respect than this. These beautiful children do as well. Please. Let us not mention this again. This is far deeper than this whole lawsuit thing. This is getting great people involved in something they have no part of. Just because a person donates to a charity, doesn’t mean that they can use that charity for personal gain. I realize that Mr. Lee is fond of the word monster and wants it for himself. But this is too far. Think of it this way; if I were to use the same tactic, I could mention the charity of my choice to try to “win” this argument. Understand? STOP IT!

Lastly, Mr. Lee. Thank you for donating to these charities. I honestly appreciate it. Just don’t try to win over people’s sympathies, or attempt to make someone look bad at charities' expense.
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kaz, 15 Dec 2008 @ 10:04pm

I think mannymmg is right because I was hurt. Not as bad as some guys but I still had to stay at a hospital. there were people that came in that really helped me and the other guys. They were really good. But some people were fake and you could tell. They didnt really help but said the same things to all of us and made sure they had a picture taken. It made me feel like trash cause they were just there to make themself look good. I felt like they just didnt care about me just for themself. Just because they were some big shot. they had to make it look good. well it didnt make me feel good.
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FormerMonsterUser, 18 Dec 2008 @ 12:05pm

Kever Toys Look Out!
Look out Kever Toys! I was at Target last night and saw two Kever outdoor games, Monster Golf and Monster Bean Bag Toss. PETE: You had better get your legal machine going and see how much extra cash that you can pick out of their pockets!
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johnnyplaymate, 21 Dec 2008 @ 2:29pm

Fight the good fight
Instead of getting angry this week and writing mean letters to General Mills about Captain Crunch's strange-looking captain hat, I instead found outt about yet ANOTHER stupid legal story about these monster cable guys, this cable vs golf thing has really got me confused as to what grounds they even stand on. I mean, if your gonna sue somebody over trademark issues. sue the guys who sell CABLE and call themselves Monstir Cabel (this company does not exist but would be the ONLY case they should win ANYTHING against -p.s. - don't start this company)
In my opinion monster cable should be shut down and shut up.

boycott monster cable and let people know you're doing it. email these guys and tell them to get other cables:

Best Buy Public Relations Department
Email: [email]NewsCenter@bestbuy.com[/email]
Phone: 612-292-NEWS (6397)

Circuit City contact page:

[url]http://www.circuitcity.com/ccd/contactUs.do?mail_type=other[/url]
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johnnyplaymate, 21 Dec 2008 @ 2:33pm

I also heard that at the upcoming CES 09 show in Jan that the mini-golf people have something really big planned against monster cable.

can't wait for the throwdown.
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johnnyplaymate, 27 Dec 2008 @ 5:35pm

you tube karma
Now this is what I'm talking about. Can we somehow pump this into the video screens at the expo? that would be priceless.

http://www.youtube.com/watch?v=38CRLVLjOhM

Noel Lee meets his match
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th, 2 Jan 2009 @ 5:29am

tesd
www.youtube.com
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xcv, 2 Jan 2009 @ 5:30am

XCCV
http://www.youtube.com
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IL MOSTRO, 7 Jan 2009 @ 9:41am

Monstrously poor spelling and other thoughts
"We are also a small business". - How many small business owners can afford the latest Ferraris and Lamborghinis? Mr. Lee has several, so can't be too financially challenged, and yet he wants to take money from real "small businesses", ones that can't afford the legal fight? Is his business suffering because some people want to use the common word "Monster" in a totally unrelated business? Might makes right :( Shame on you. I am an audiophile and have bought monstrously [SIC] priced cables in the past, but they won't be from Monster Cable any longer. p.s. Ducati has a motorcycle bike called "The Monster" ( http://en.wikipedia.org/wiki/Ducati_Monster ) - perhaps he should go after them too? After all, it actually does have cables on it...
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- IL MOSTRO, 7 Jan 2009 @ 9:43am
  
  Re: Monstrously poor spelling and other thoughts
  "Motorcycle bike" should read just "motorcycle", of course.
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Dick, 19 Jan 2009 @ 9:50pm

Monster Mini Golf Folds
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Dick, 19 Jan 2009 @ 10:02pm

Monster Mini Golf Folds
It seems now they are kissing the ass of the one Noel Lee. It seems they have reached an agreement. What really was there to agree to? I mean come on! The fact that the owners Of Monster Mini Golf who cried like babies trying to get the support of everybody to fold like a bunch of candy asses thinking and now talking about Noel Lee like he's some good guy or something! That guy and his company is shit. The licenses that he holds are not even true licenses they would not even hold up in court. This guy and the people who fold under the pressure are nothing but shit. Word of advice to the Owners of Monster Mini Golf, sell that chopper you had the guys at American Chopper made you, find a good lawyer and fight them worthless shits! Come on give me a break!!!!! The idea of them being Famous is about the dumbest crock of shit I have ever seen. To the owners of Monster Mini Golf and Noel Lee I invite you all to kiss my ass!!!!!!!!!!!!!!!!!
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Joel, 27 Feb 2011 @ 1:05pm

Monster Jerk!
Having worked with Noel Lee, I can tell you first hand that this guy is an egotistical ass hole.
He runs his office like a tyrant (justifying the physical likeness to Kim Jong Il), with a team of underlings chasing his Segway around the maze of cubicles a truly pathetic sight.
His team of lawyers are likewise lacking in morals and ethics, threatening legal action for the slightest infringements against any organization or individual with virtually no remorse.
After finally leaving this toxic environment, I vowed to never support this corporation again.
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