Monster Fight: Can You Tell An Energy Drink From An Aquarium?

from the *tastes-like-bulls**t-to-me* dept

Tue, Jul 31st 2012 3:02am — Tim Cushing

Can you guess which brand is throwing its trademark power around with reckless disregard for common sense or possible confusion? That's right. Monster. Only in this case it's Monster Energy Drinks, whose legal team had apparently gone dormant after a streak of losses, rather than Monster Cable, whose legal team felt the average consumer couldn't tell the difference between an overpriced cable and a deer salt lick.

The Consumerist brings us the news that Monster (the Energy Drink) is looking to add to its streak of windmills tilted at, this time going after the Monster Aquaria Network, under the belief that somehow innocent people looking for a pick-me-up beverage are ending up with extremely large fish tanks instead.

Further details of the cease and desist order can be found at the site set up by the Monster Aquaria Network to apprise its fans and customers of the situation. In addition to insisting that the Aquaria Network immediately cease usage of the word "Monster" and the letter "M," Monster Energy Drinks apparently feels it has staked a claim to certain colors:

Monster Energy sent a series of demands including, but not limited to, abandoning the trademark applications for the MonsterFishKeepers "M" symbol marks as well as ceasing to use those marks in connection with apparel & accessories, refraining from using or applying for any marks containing the word "Monster" or the letter "M," refraining from using the colors black & green on any MonsterFishKeepers.com or Monster Aquaria Network Websites or in connection with apparel & accessories, and pay Monster Energy Corporation its attorneys' fees in connection with this matter.

Despite having used its stylized devil's-horns-and-tail "M" since 2005 and having registered this mark in 2007, Monster Energy still believes that it owns any iteration of "Monster" or the letter "M" in relation to... well, pretty much anything, I imagine. At least when it went after Vermonster Beer, it was in the same neighborhood (i.e. drinkable beverages). Of course, Monster was shamed into calling off its legal dogs after a bout of bad publicity and MonsterFishKeepers is obviously hoping the same happens here. If not, things don't look good AT ALL for MonsterFishKeepers, considering the legal system is routinely gamed by aggressive companies who know they can simply run their opponents out of money.

We strongly believe that the law is on MonsterFishKeepers.com's side, but MonsterFishKeepers.com will not be able to fund the legal proceedings that would be needed to resolve this dispute with Monster Energy. Unfortunately for MonsterFishKeepers.com, Monster Energy can file an unlimited number of appeals even if MonsterFishKeepers.com wins the first round of the case; in the end, Monster Energy would certainly outlast MonsterFishKeepers.com in the legal proceedings after MonsterFishKeepers.com runs out of money since there is no way that such a small company could compete with such a large company in terms of legal fees.

MonsterFishKeepers hope to expedite this public shaming via a petition at change.org, in addition to providing contact information for Monster Energy Drinks at its website. Hopefully, this will result in a speedy retraction of the cease and desist, as there is no way Monster Energy sincerely believes MonsterFishKeepers is diverting morons in a hurry. This is simply a bully wandering the internet playground picking fights and shaking down smaller kids for lunch money.

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Filed Under: aquarium, energy drink, monster, trademark
Companies: monster aquaria network, monster energy drink

35 Comments

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droozilla (profile), 31 Jul 2012 @ 3:17am

People actually drink this crap still? All of these energy drinks are terrible.
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Zakida Paul (profile), 31 Jul 2012 @ 3:20am

I can't tell an energy drink from pish.
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Alana (profile), 31 Jul 2012 @ 3:22am

Re:
I used to think the same, though I find Monster surprisingly nice.
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Schmorgluck (profile), 31 Jul 2012 @ 3:26am

American Rule
Again, a demonstration that getting rid of the American Rule would bring a bit more sanity in the USA's litigation system. Not that it would directly help MonsterFishKeeper in this case, but it would somewhat deter patent trolls and (like in this case) brand hegemonists.
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Ninja (profile), 31 Jul 2012 @ 3:43am

1. Publish this in Reddit.
2. Watch LOICs being loaded.
3. ???
4. Profit.

Can't they think of the children? Erm, I mean fishes?
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Ninja (profile), 31 Jul 2012 @ 3:44am

Re: Re:
So this is one more reason for you to revert to your old thinking and boycott them ;)
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Anonymous Coward, 31 Jul 2012 @ 3:49am

Rip It is better.
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Anonymous Coward, 31 Jul 2012 @ 3:54am

I wonder how Monster would like being sued by Amy Winehouse's relatives for making a drink called Rehab.
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Marak (profile), 31 Jul 2012 @ 4:01am

And todays story is brought to you by the letter m.... wait.... (mumble in background... "what? really")... err todays story is now brought to you by the letter n!
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Anonymous Coward, 31 Jul 2012 @ 4:11am

Re:
I'm a big fan of energy drinks. Some of the better-tasting brands include Rip It, NOS, and Amp.
Although I drink a lot of energy drinks and have tried a wide variety, I've never bought Red Bull. I've always thought Red Bull is way overpriced.
And I do drink Monster on occasion. Khaos is my favorite of the Monster line.
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JeroenW (profile), 31 Jul 2012 @ 4:19am

Ah, was wondering if you guys would pick up my story submission. Nice to see that you did.
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Anonymous Coward, 31 Jul 2012 @ 4:19am

Actually, just last week I went to buy a 50 gallon fish tank on eBay and ended up with 50 gallons of some nasty energy drink. Weird.
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Can't remember my login, 31 Jul 2012 @ 4:38am

Or email address used...
Isn't Motorola's logo an M? wouldn't that mean that it is already diluted if two companies are using an M logo?
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ebilrawkscientist (profile), 31 Jul 2012 @ 4:49am

Monsters? Dirty filthy MONSTERS!
What next they going after Monsters Inc. ?
What about that other interewebs place Monster.com, a job finders outfit eh?

I can understand "Monster Energy" as a concept a copyright a trademark but that doesn't give them the be all owner of every single fricken "monster" handle on the planet, much less a single "M" letter. Dis just nutso.
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Greg G (profile), 31 Jul 2012 @ 5:03am

Mmmm
Meanwhile, back in the law offices of Monster Energy, the lawyers are wondering who else they can go after for using the letter M:

M&M Mars. Because candy is energy.
Campbell's: Mmm Mmm Good. Because soup is energy.
3M: Because triple the litigation is energy.
Metlife: Because Snoopy rules, and Peanuts are energy
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Schmorgluck (profile), 31 Jul 2012 @ 5:25am

Re: Mmmm
McDonald's: because, huuh...
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Schmorgluck (profile), 31 Jul 2012 @ 5:28am

Come to think of it...
"Monster Fight: Can You Tell An Energy Drink From An Aquarium?"
No.
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Cory of PC (profile), 31 Jul 2012 @ 5:36am

So... what is the difference between an energy drink and a 7-foot tall hairy being carrying a club that has rusty nails sticking out?
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Anonymous Coward, 31 Jul 2012 @ 5:49am

Re: Re: Mmmm
McDonald's sells coffee which is the original energy drink. I think McDonald's has a case here...
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Anonymous Coward, 31 Jul 2012 @ 6:09am

Tried to sign the petition but they wanted too much personal information. My address is none of their business. I really felt like I was signing up to be harassed. That's too bad. Because I would have signed it. Name and email address is enough for an online petition.
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Anonymous Coward, 31 Jul 2012 @ 6:09am

Re:
One will kill you.

The other has a club.
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aethercowboy (profile), 31 Jul 2012 @ 6:11am

So, what next, they're gonna sue Sesame Street?
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Anonymous Coward, 31 Jul 2012 @ 6:38am

Monster Energy are bullies, plain and simple. Over reaching and ridiculous. Where's the fight against Monster.com jobs site and Monster Cables? Oh, they can't bulldoze over them so instead they'll eliminate the little guy that has nothing to do with them. Makes me sick.

I can personally vote with my wallet. I will NOT buy any more Monster Java drinks from this day forward and will certainly inform others given the opportunity.
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Mr Big Fish (profile), 31 Jul 2012 @ 7:05am

Monster Energy makes a Monstrous mistake
Monster Energy are corporate bullies. To pick on a non profit for the media attention is just stupid. It makes them look like the mean heartless bastards they are. They have just become the target of a world wide boycott of their products by fish hobbists.
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PGP_Protector (profile), 31 Jul 2012 @ 7:53am

Taste Test
Reading the title, I thought it was going to be about a taste test (and no one being able to tell the difference)
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art guerrilla (profile), 31 Jul 2012 @ 8:02am

Re: Re:
1. in case you don't know it, caffeine has a lower LD50 than cocaine... just sayin'...
2. the dose/response effect kicks in with caffeine too: you end up taking more and more caffeine just to maintain a 'normal' level of alertness; you no longer get 'jacked up' on it, it just doesn't work as well when you take it regularly...
3. get some fucking sleep, instead of artificially propping your poor body up... sleep is IMPORTANT to keep the meat machine running well...
art guerrilla
aka ann archy
eof
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DOlz, 31 Jul 2012 @ 9:19am

A possible solution
Since companies and/or people can grind down their opponent in the legal system how about this; if you appeal the first decision and lose again you have to pay the winners legal fees and all cost related to to your suit. You also have to pay these BEFORE you can file another appeal and if you lose that appeal rise and repeat. This would prevent large companies from being able to use their resources to destroy smaller companies and individuals with the legal system.
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Franklin G Ryzzo (profile), 31 Jul 2012 @ 9:29am

I'm not too big on energy drinks, but aside from the occasional 5 hour energy, Monster was the one drink that I kinda liked. It's quite sad that they would resort to such obvious bullying just so their lawyers can get some additional billable hours. I won't be purchasing their product again until they drop these actions and apologize. Petition signed.
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Anonymous Coward, 31 Jul 2012 @ 1:37pm

Re: American Rule
Getting rid of America is what is needed.
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Schmorgluck (profile), 31 Jul 2012 @ 1:57pm

Re: A possible solution
See my first post in this discussion: this isn't possible because the USA's litigation laws are plain and simply INSANE. There has been proposals to institute a "loser pays" system, but they tend to be one-sided, with only a losing defendant refunding the fees to the plaintiff, not the other way around.

For more info about how sane systems work, se there.
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Anonymous Coward, 31 Jul 2012 @ 2:33pm

Re: Monsters? Dirty filthy MONSTERS!
They all ready tried going after both of those . In the up side i gave up a 3-4 can a day habit due to this :)
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TDR, 31 Jul 2012 @ 2:40pm

What really needs to happen is for Monster Energy Drinks and Monster Cable to go after each other. If we're lucky, they'll both sue each other into oblivion and leave the rest of us in peace.
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Anonymous Coward, 31 Jul 2012 @ 5:16pm

Re: Re: American Rule
AMEN!
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Kellys Distributors – Affordable Red Bull in Bri, 23 Jul 2014 @ 10:35pm

Kellys Distributors – Affordable Red Bull in Brisbane
I have never been a fan of Monster Energy Drink. Aside from it's taste, this is one of the reasons why I dislike this product. They have been so busy looking for companies to sue because of using M as a logo.
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Anonymous Coward, 12 May 2015 @ 8:44am

ABCDEFG-HIJKLNOP-QRSTUV-WX-Y&Z... Now I know y abc's. Next tie won't you you sing with e.
Sorry about that. I' afraid they ight sue e too.

Posted by ShadowP fro onsterfishkeepers.co :-)
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