Posted by Wayne Parham [ 65.69.120.152 ] on September 26, 2005 at 12:54:12:
In Reply to: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY posted by akhilesh on September 26, 2005 at 12:28:01:
What is odd is that trademarks only protect a certain class. In this case, it would be Class 9, which is electronics. The other classes might have been registered by the company, but if they haven't been used in commerce, they aren't valid. In other words, if they registered a trademark for Monster Kumquat but aren't actually selling fruits with the trademarked name, the registration isn't valid and can be reversed. So others may have a better claim. They may have a hard time with these lawsuits. Maybe it is a publicity stunt.
There is a special case for products like Coca-Cola, where name recognition is much more widespread. They are allowed trademark protection with wider scope. Harley-Davidson managed to use this to protect their name in products other than motorcycles. But clearly Monster Cable doesn't rise to this level. Everyone knows what Coca-Cola and Harley-Davidson is. But most people never heard of Monster Cable. Ask any housewife what a Harley is, she knows even if she isn't remotely interested in motorcycles. But chances are she's never heard of Monster Cable.
My guess is the lawsuits will be dropped or settlements reached. It may even backfire for them. People might be as outraged as you are and public opinion might drop.
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