Monster Mini Golf Using eBay To Fight Monster Cable's Trademark Lawsuit
from the good-for-them dept
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".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.
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)
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Filed Under: monster, trademark
Companies: ebay, monster cable, monster mini golf
Reader Comments
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That was fast
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Awww man
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PayPal
http://www.monsterminigolf.com/bully.html
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What the fuck is wrong with our legal system?
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How to stop this
This is just getting ridiculous.
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Re: That was fast
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.
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Re:
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Re: PayPal
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.
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Re: Money
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Re: Re: Money
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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!
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Monster is a monster
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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.
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We will not quit!
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
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Re: Re: That was fast
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Also, since they violated eBay's ToS, they are now criminals and should be sharing a cell with Lori Drew.
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Monster Cable's 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.
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Re: Monster Cable's lawsuits
http://ttabvue.uspto.gov/ttabvue/v?pnam=Monster Cable Products, Inc.
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cheap electric cable instead of monster cable
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Coupon redemption
If they ask why, I can just tell them I'd assumed they were a division of Monster Mini Golf.
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Monster Cabal
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Monster cable...it's not that good
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 !
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Re: Re: Money
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.
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Re: Re: Lawyers need Ferrrari's too
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.
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Re: Monster cable...it's not that good
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Monster Price
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Re:
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.
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Thank you
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
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Thank you
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
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Grrrr
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Re: Re: Re: Money
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.
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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*.
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Re:
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)
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Re:
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.
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EBAY 1995 - GREEDBAY 2008
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 !!!!!
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Re: EBAY 1995 - GREEDBAY 2008
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The Monsterous Truth About Monster Mini-Golf
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Re: The Monsterous Truth About Monster Mini-Golf
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Re: Re: EBAY 1995 - GREEDBAY 2008
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.
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Re: Re: The Monsterous Truth About Monster Mini-Golf
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Public Proposal to Monster Mini Golf
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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Re: Public Proposal to Monster Mini Golf
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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Monster Cable Stinks!
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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Re: Public Proposal to Monster Mini Golf
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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From Christina, Founder of Monster Mini Golf & Human Being...not a Head Monster
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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Re: Re: EBAY 1995 - GREEDBAY 2008
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Re: Thank you
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Monster has also be involved in sporting lines of business and sporting venues.
MonsterTruth.com
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Re: Re: The Monsterous Truth About Monster Mini-Golf
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Re:
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Re: Re: Public Proposal to Monster Mini Golf
This is not a publicity ploy. You can read all about his philanthropy at http://www.monstercable.com/community
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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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Kever Toys Look Out!
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Fight the good fight
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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can't wait for the throwdown.
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you tube karma
http://www.youtube.com/watch?v=38CRLVLjOhM
Noel Lee meets his match
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tesd
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XCCV
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Monstrously poor spelling and other thoughts
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Re: Monstrously poor spelling and other thoughts
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Monster Mini Golf Folds
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Monster Mini Golf Folds
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Monster Jerk!
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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