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Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2239]

Mon, 26 September 2005 11:28

akhilesh
Messages: 1275
Registered: May 2009

Illuminati (3rd Degree)

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/11/08/BUG1J9N3C61.DTL&type=business

Seems like MOnster is trying to be like Bose.
Let the lawyers make money for it, since they can't.
I'd stay away from them, and tell everyone I know about this.
akhilesh

Shows How Mosnter is suing everybody and anybody who uses "Monster" in their name

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Re: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2240 is a reply to message #2239]

Mon, 26 September 2005 11:47

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

They are trying to protect their name. So; where do we draw the line?

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Re: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2241 is a reply to message #2239]

Mon, 26 September 2005 11:54

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

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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Re: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2242 is a reply to message #2239]

Mon, 26 September 2005 12:16

Bill Wassilak
Messages: 402
Registered: May 2009

Illuminati (1st Degree)

That's all it is, lawyers trying to make money for the company and themselves. They must of found out that the HDOJ speaker cables are better than there's, and there affraid of losing money on the speaker cable business because the interconnect cables aren't enough to support the company, and they just want to protect there name. But suing everybody over the name will surely hurt there business.

Bill W.

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Re: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2243 is a reply to message #2241]

Mon, 26 September 2005 13:31

GarMan
Messages: 960
Registered: May 2009

Illuminati (2nd Degree)

The difference between Monster and the two examples you gave Wayne is that Coca-Cola and Harley Davidson are not common phrases that are used outside of references to the cola and motorcycle respectively. It seems like Monster Cable is trying to take ownership of a common everyday word that has been around since the start of time. Other companies and shows such as "Monster Homes", "Monster Garage", "Monster Inc." are using the word in its intended way with no reference to cables and yet legally, they are being challenged. That's just gross.

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Re: Monster Cables: One more reason NOT TO BUY ANYTHING FROM THIS COMPANY [message #2244 is a reply to message #2243]

Mon, 26 September 2005 14:01

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

There is a part of trademark law that deals with this specifically. The distinguishing feature of a trademark is its use to identify a product or service. So you can trademark a word or phrase but it has to be used for identity, not as a generic term. If its use becomes generic, the trademark is no longer valid. But on the other hand words like "poison" (the harmful substance) and "Poison" (the rock band) are seen as different, as is "monster" (like Frankenstein) and "Monster Cable" (the wire) and "Monster Garage" (the television show). Each of these is separate. Add to this the fact that you can have the same trademark in separate classes and the list becomes even greater. Two separate owners can legally claim the same trademark in two separate classes. For example, you can have a "Venture" soap and a "Venture" software package, both having valid trademarks, because they would never be confused with one another.