Monster Cable Keeps On Suing; Asks Court To Block Company From Attending CES

from the seriously,-monster? dept

Thu, Dec 23rd 2010 5:22pm — Mike Masnick

By now, you must know that Monster Cable has a rather terrible reputation for threatening and suing all sorts of other companies over intellectual property issues -- often, it seems, with very little merit (remember when they went after "Monster Golf"? good times...). The latest is that Monster Cable, along with Beats Electronics, are going after competitor Fanny Wang Headphones, claiming both patent and trade dress infringement, because Fanny Wang made headphones that have some similarities in style. The patent (D552,077), by the way, is not a utility patent but a design patent, which is very narrowly focused.

In reading through the actual lawsuit (embedded below), the basic complaint appears to be that Fanny Wang's headphones look pretty similar to the Beats headphones -- but that's how competition works. Beats/Monster seem to take particular umbrage to the fact that all over their website Fanny Wang compares their headphones to Beats and gently chides Beats for not being the same quality. Again, this is how competition works. You see what works and you build something better. In fact, this point seems to undermine Beats/Monsters whole case: since Fanny Wang is making pretty clear that its products are different than Beats'. The response from Monster/Beats should be to keep building something better as well.

As you'd expect, Beats/Monster also demand all sorts of things (treble damages, destruction of all product, etc.). The complaint also points out that Fanny Wang is planning to be presenting its headphones at CES in early January, implicitly asking the court to stop Fanny Wang from appearing at the show. Remember, kids, the lesson of the day is "why compete, if you can have the government block your competition?"

Not surprisingly, Fanny Wang is using this as a chance to mock Monster for its litigious history and also for promoting its own product. The company's letter in response to the lawsuit (also embedded below) is relatively amusing, mocking the company for not even trying out their headphones to find out about the superior sound quality:

In short, Fanny Wang has no desire to infringe on your patents or trade dress or be associated with Monster�s sound quality. Instead, Fanny Wang desires to compete by building a superior product marketed under our different and innovative brand: Fanny Wang. In fact, the comparisons that you make reference to in your complaint and letter, clearly demonstrate Fanny Wang�s desire to differentiate itself from Monster & Beats products by identifying differences and allowing the consumer to make its own determinations. Such passing references to competitors are routine in the marketplace and are clearly allowed under both state and federal trademark laws.

Separately, the company notes that tons of vendors in the space have similarly designed headphones because that's the trend in the marketplace. It also mocks Beats/Monster for claiming that the packaging of the two sets of headphones are the same by stating: "Have you even looked at our site?" and posting the following comparison:

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: headphones, patents, trade dress, trademark
Companies: beats, fanny wang, monster cable

30 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 23 Dec 2010 @ 5:28pm

Warning.
Wrong link closure detected!

The link starts at:

"The patent (D552,077), by the way, is not a utility patent but a design patent, which is very narrowly focused. "

And goes to the end of the article.
[ link to this | view in thread ]
Anonymous Coward, 23 Dec 2010 @ 5:28pm

In other words, they're acting like monsters?
[ link to this | view in thread ]
Anonymous Poster, 23 Dec 2010 @ 5:48pm

Another reason to boycott Monster Cable and shop for cables and other such products online (where they're inherently cheaper).
[ link to this | view in thread ]
Anonymous Coward, 23 Dec 2010 @ 6:12pm

-_-'
Might've been better to go with "Huang" there...
[ link to this | view in thread ]
Anonymous Coward, 23 Dec 2010 @ 6:34pm

I'm sorry I can't take this article seriously when the phrase "Fanny Wang" is repeated so often.
[ link to this | view in thread ]
The Mighty Buzzard (profile), 23 Dec 2010 @ 7:09pm

Re:
There's not much need to boycott someone whose business model is making superior quality cables in the age of digital. Back when things were analog, they had a debatable point about their cables giving better quality sound. In the world of digital, it's perfection or nothing. Their cables make not a damned bit of difference.

Essentially their business model is if we hype something enough, stupid people will give us money. OK, maybe we do need to boycott them. That's a pretty sound business model.
[ link to this | view in thread ]
The Mighty Buzzard (profile), 23 Dec 2010 @ 7:10pm

Re:
Maybe not but still... Best company name ever.
[ link to this | view in thread ]
Anonymous Coward, 23 Dec 2010 @ 7:42pm

Re: Re:
This has been excellent advertising for fanny wang, I wont be forgetting their name in a long time. and every time I hear it, I will think fondly of it.
[ link to this | view in thread ]
Wayne Myer (profile), 23 Dec 2010 @ 8:26pm

Dear Monster Cable...
I have recently been thinking about buying a new pair of headphones. Thank you for putting Fanny Wang on my radar by way of your lawsuit and assuring that Beats headphones are completely out of the running for any consideration.
[ link to this | view in thread ]
John Duncan Yoyo, 23 Dec 2010 @ 8:31pm

Re: Dear Monster Cable...
I just wonder just how ugly the Doctor Dre headphones must be to be entirely concealed in the package. If you don't show me the product it must be crap.
[ link to this | view in thread ]
Avatar28 (profile), 23 Dec 2010 @ 9:59pm

Re: Re: Dear Monster Cable...
Here you go. There are some GENERAL similarities but they really don't look all that much alike beyond the general curvature of the sides of the headbands.
http://marcustroy.com/gadgets/gadgets-monster-x-dr-dre-headphones/
[ link to this | view in thread ]
scott217, 23 Dec 2010 @ 10:38pm

sound
All legal stuff aside, I tried Fanny Wangs at their launch party and they sound really, really good. Much better than Beats.
[ link to this | view in thread ]
Max, 23 Dec 2010 @ 10:49pm

Wait! Both seem to have tab thingies on them. Admittedly, one seem to hold it on the rack and the other is for opening; but they both have a box. Wow, am I confused.
[ link to this | view in thread ]
btrussell (profile), 24 Dec 2010 @ 4:57am

I think Fanny Wang should have to change their name.

I keep confusing them with Stinky Dinky� and I believe the Greeks have the patent on that as the first method of birth control.

Also, I don't think the Government should be allowed to compete in the free market.
[ link to this | view in thread ]
Jmona Reviews, 24 Dec 2010 @ 7:02am

Monster is acting like a monster, not news to me.
Well. I have dealt with Monster Cable before as a costumer and a reviewer. I don't understand who are theytrying to fool here. It's called competition, and forthe record, their headsets are overpriced and cheap in my opinion. What they are doing by suing Fanny Wang is showingonce more their weakness and are afraid that their products stink that ba that Fanny Wang will take then out of business which they probably will, not because the product may seem similar BUT because of it's SUPERIORITY. Am very glad to see that some other company that isn't Monster-Dre it's actually out of the box bringing to the table a different taste in products, perhaps even BETTER costumer service where they treat the costumer with respect. I have been a consumer of Monster Cables products before as well as reviewed one or two products many thought i was lucky to get from them (under $10 prpducts btw, AND they treat the reviewers like garbage may i say) and the costumer service experience I have received is one of the worst. So, long story short. Welcome to the world Fanny Wang! Where have you been all my life? Can't wait to try this!
[ link to this | view in thread ]
Marcus Carab (profile), 24 Dec 2010 @ 8:20am

Re: Dear Monster Cable...
My friend has a pair of Beats and they are admittedly pretty damn sweet headphones - but now that I know this, I would definitely look to Fanny Wang. In fact, just knowing Beats are associated with Monster Cable is pretty off-putting in itself.
[ link to this | view in thread ]
Michael, 24 Dec 2010 @ 9:39am

Screw monster
Inferior cables, ridiculous prices... I haven't bought them for years now. I go out of my way to buy cables other than monsters garbage.
[ link to this | view in thread ]
Not an electronic Rodent, 24 Dec 2010 @ 1:47pm

Back a step please?
The bit I have trouble with is not them suing over a patent but the fact they have a patent on the *design* of headphones in the first place. I'll be the 1st to admit I didn't bother to read their patent but looking at the product it looks like a totally obvious way to design a pair of "on ear" headphones - a band over the head, perhaps with some kind of folding mechanism, that attaches to the "cans" that are padded and articulated and in this case the useful though obvious and common feature of not having a built in cable but a 3.5mm jack instead, oh and the mute button and logo.

My question is, what's not obvious about that that's worthy of a patent in the first place? Or have I tragically misread the purpose of patent to protect non-obvious expressions of invention? Is a "design patent" different?

As far as I can see they are not significantly different from 20 or 30 other similar style headphones that I could hit with the heave of a well-aimed brick so why do they have a patent over which to sue? Can someone enlighten me?
[ link to this | view in thread ]
Lol Funny, 24 Dec 2010 @ 5:17pm

That was the best smack down letter I've ever read in response to a lawsuit. Next to the PirateBay ones ofc.
[ link to this | view in thread ]
Anonymous Coward, 24 Dec 2010 @ 9:03pm

Re: Back a step please?
Yes, a design patent is a different beast altogether from utility patents, the types that are the best known. The former accord protection to various design elements associated with an article, whereas the latter accords protection to structual features, methods, compositions of matter, etc.

Apple, for example, holds numerous design patents directed to its admittedly unique product styling, and to a large degree it is its product styling that serves as a product differentiator from the products of other manufacturers.
[ link to this | view in thread ]
Anonymous Coward, 24 Dec 2010 @ 9:06pm

Re:
Actually, it was a letter created in the heat of passion and without much thought as to what might happen downstream because of it. All I can say at this point is that the letter will not help its case, and, in fact, will likely prove quite hurtful.
[ link to this | view in thread ]
Anonymous Coward, 25 Dec 2010 @ 8:52am

A company gasping at straws because their products aren't purchased anymore except by millionaires and we all how many there are of those.
[ link to this | view in thread ]
Anonymous Coward, 25 Dec 2010 @ 8:52am

A company gasping at straws because their products aren't purchased anymore except by millionaires and we all how many there are of those.
[ link to this | view in thread ]
Mike Masnick (profile), 25 Dec 2010 @ 9:24pm

Re: Re:
All I can say at this point is that the letter will not help its case, and, in fact, will likely prove quite hurtful.

Why?
[ link to this | view in thread ]
hmm, 26 Dec 2010 @ 6:57am

well
I'm from England and I think monster cable should be suing Fanny Wang not only for the headphones but also for the VERY similiar company names...after all whenever i hear "monster cable" all i can think of is what a bunch of stupid c**ts"....
[ link to this | view in thread ]
AZ_Dad, 26 Dec 2010 @ 4:43pm

I use to work for WalMart electronics dept., having a degree in electronics I always thought Monster Cable was the biggest rip off company ever. I would never recommend there products! Although I no longer work at WalMart, I glad that I left my mark with the employees, no one recommends there products at that WalMart anymore.
[ link to this | view in thread ]
airbrthr (profile), 27 Dec 2010 @ 1:07pm

Re:
naw. the best so far was South Butt's filing wrt North Face's infringement action; was frowned on by judge, which tells you it was classic-funny.

http://www.techdirt.com/articles/20100212/1152388149.shtml
[ link to this | view in thread ]
Andre, 28 Dec 2010 @ 12:41pm

Fanny wang headphones
The acoustics on these are top notch. Simply put the Wangs Look, feel, and sound better. The kicker to me is that one retails for $199 and the other $149.... Can't wait to see what the noise canceling joints sound like,cause they can only get better. If your looking at sound, durability, style and price this is not a hard choice, Wangs!�
[ link to this | view in thread ]
theorangebox, 28 Dec 2010 @ 9:57pm

monster rippoff cables
Fuck monster-cables and the over priced junk they peddle!
[ link to this | view in thread ]
Snoop, 29 Dec 2010 @ 6:59pm

Re: Fanny wang headphones
AHAH, you're funny! doing PR work on comments, that's kind of lame isn't it? maybe not as much as copying designs though....
[ link to this | view in thread ]