Let's be a proactive force for the little guy

[ThomasW]

People may have seen the nonsense regarding Monster Cable legal action's against anyone has the word "monster" in their name.

Here's a list of the law suits Monster Cable is/was involved in. Please note that there are 5 pages of actions listed

This includes little mom and pop used clothing store. A guy with a costume store with a single webpage that had monster in the URL, because that particular wepage was where he showed the monster costumes.

Monster Cable is a law suit machine. Anyone with a conscience should IMO boycott all products sold by that company, Boycott all retailers that sell Monster Cable products (Parts Express excluded of course :wink: ), and cancel all subscriptions to publications that accept advertizing for Monster Cable products.

People taking any or all of these actions is asked to notify Monster Cable of your actions, and why you took that action.

Irene Baran, Chief Operating Officer
ibaran@Monstercable.com
Monster Cable Products, Inc.
455 Valley Drive
Brisbane, CA 94005
415-840-2000

David Tognotti, General Counsel
legal@monstercable.com
Monster Cable Products, Inc.
455 Valley Drive,
Brisbane, CA 94005
PH:1.415.840.2000
FX: 1.415.468.0310

Press Contact:
Charles Leib, PR Monster
cleib@monstercable.com
Phone: (602) 300-0900

[David Meek]

And people wonder why I'm such a cynic. :evil:

[Kevin P]

I haven't bought a Monster product in years. Not because of the frivilous lawsuits, but because their products are overpriced and mediocre.

[Gordon Moore]

Good God, they're going/went after Monster Garage....I don't think I'd be messin' with Jessie James.

He'll turn a Volkswagon beetle into an amoured assult vehicle and bye-bye Monster Cable Inc.

Another interesting thing I noticed is that some of the lawsuits come from Monster Attitude (tm) and Monster Money (tm) which I guess is fitting

[purplepeople]

Makes you wonder if Noel Lee and Amar Bose are partners?

ensen.

[ThomasW]

Actually Bose sued Monster for the use of the word "LightWave"

Gorden,

They also went after Monster House. Maybe the Monster house crew could pay Noel Lee a visit at his home ......... :roflmao:

[Prozakk]

F-monster!

I paid $180 for 2 opticals, & they wouldn't stay in the components. For that price they d*mn well better stay into any components jacks!!!

[Chris D]

You've got to be kidding me. How can you put a copyright on one common english word? What's next? Are they going to sue Pixar for Monsters Inc? Or sue me if I write in a post that a big amplifier is a monster? Sue Sesame Street for Cookie Monster?

[Chris D]

Wait, wait wait... I just read the list, and saw that they're suing the Chicago Bears for "Monsters of Midway".

Yeah... not that the Bears have been around for DECADES longer than this little company.

They're also suing Hanna Barbera for a Scooby Doo Episode, "The Monster of Mexico". No, no... they got it all wrong. It's RONSTER, not MONSTER!

[purplepeople]

Oh my god, they've created a monster! (TM).

ensen.

[Danbry39]

Great thread!!!

By the way, efforts such as those suggested do work.

One of the suits has been dismissed and an apology from Monster received for launching the suit to begin with. And, why??? Because Monster got a bunch of messages threatening to never buy their products again.

Here's a LINK. to the company that had been sued. Very interesting to read Monster's lawyer's comments as well as Monster's letter of apology. Links to both are at the site I've linked.

[Danbry39]

Also great is the company's response back to Monster. Make SURE you read the last line. It's a hoot. It reads, in part:

I understand your need to protect your trademark. Unfortunately, you chose one of the most commonly used words in the Halloween industry to represent your company. People were having monster nightmares before wire existed. You cannot commandeer the word from the English language. Here is some research I did for my response to the case:

Number of live registered trademarks for the word "monster": 20
Number of live registered trademarks containing the word "monster": 471

Number of domain names containing the word "monster" (domainsurfer.com): 6,619
Number of domain names that start with the word "monster" (domainsurfer.com): 3,303

Number of hits from a search for "monster" on google.com: about 5,950,000
Number of hits from a search for "monster cable" on google.com: about 126,000

Number of hits from a search for "monster shop" without "monster cable" on google.com: 768
Number of hits from a search for "monster shop" with "monster cable" on google.com: 1

Number of books on BarnesandNoble.com resulting from a search for "monster": 5,734
Number of books on BarnesandNoble.com about Monster Cable Products Inc: Zero

Number of movies with "monster" in the title as per IMDB.com: 285
Number of movies with "monster" in the plot description as per IMDB.com: 438
Number of movies with "monster" as a keyword as per IMDB.com: 723
Number of movies about Monster Cable Products Inc: Zero

Number of times "monster" appears in the script for Young Frankenstein: 185
Number of times Monster Cable Products Inc is referenced in the script for Young Frankenstein: Zero

Number of children who imagined there was a monster under the bed: probably millions
Number of children who imagined there was an audio interconnect cable under the bed: probably none.

[Glen B]

I haven't bought a Monster product in years. Not because of the frivilous lawsuits, but because their products are overpriced and mediocre.

Same here. Exactly my sentiments also.

[ThomasW]

Are they going to sue Pixar for Monsters Inc?

They did, here's a copy of their complaint.

One can see a link at the very bottom of the www.monster.com website as a result of legal action again them by Monster Cable.

If it's published on the web and a URL contains the word "Monster", they file a complaint.

As a joke Steve Eddy registered the name MonsterCableSux.com after he found out that MonsterCable itself registered the name MonsterCableSucks.com.

If several hundred each month people registered a domain name containing the word "Monster" their lawyers would go insane trying to keep up with the legal actions and it would eventually hit the mainstream press. Then Monster's actions would come back and bite them in the *ss ..:roflmao:

Last time this hit the net, MonsterCable got off easy after withdrawing the suit against the costume guy. With the new action against MonsterVintage.com there are numerous websites with threads like this. So Monster is going to get an AMAZING amount of extremely bad publicity. And this time they won't be able to undo the damage....

[aarsoe]

Guy's there are many wonderfull things in the US - but your legal system obviously have flaws. The right to sue anyone and everyone is one of them.
So agree - will send them a couple of mails or two.

Oh - and Danbry. Think your wrong about the kids dreaming about cables being zero - I often dream of them... ;-)

[brendon]

A little off topic but in the same vein,A company in the US is suing Australian manufacturers for using the Ugg boot name .These boots made of sheep skin (and of questionable taste) have been made in Australia for well over twenty years and are a generic name for the boot.A US maker has trademarked the name and is telling the Australian inventors and manufacturers they cant use it any more .
A pox on lawyers where ever they Lurk!!
Brendon

[Peterc4c]

Somehow, I have this suspesion that the lawyers in question are working on contingencie. Basicly, Monster Cable let the free lawyers go after anybody they want and give them a percent of what ever money they happend to extort from these people.

especially this sentence:
"Monster Cable's Attorney then asked if I could come up with $1000.00. And then went on to say they also required 1% of the gross business yearly income"

I was a victum of that kind of pratice a couple of years ago

Peter

[ht_addict]

Until your politicians change the laws it's not only Monster who'll sue to protect their name, even if they have to sue the Mom and Pop companies. Monsters only doing what US law allows them. Will these lawsuits influence my decision to buy or not to buy Monster Cable products? NOPE! Just got me a new Monster HTPS7000 last week to go with my Monster AVS 2000.

ht_addict

[Lex]

EVERYONE, please stay on topic, that means leaving what cables you bought or are planning to buy out of this. The topic is straightforward, please stay on topic. PERIOD.

No exceptions.

[ht_addict]

EVERYONE, please stay on topic, that means leaving what cables you bought or are planning to buy out of this. The topic is straightforward, please stay on topic. PERIOD.

No exceptions.

Thanks for changing your previous reply that singled me out. :T

ht_addict

[Lex]

it was never my intent to single anyone out ht_addict. I many times don't read but what's most current. When you try to keep an eye on the entire forum, sometimes, that is all I have time to do, please keep that in mind in the future when I may respond to something that seems discremenatory. I am not discreminatory, hell, I don't even know how to spell it. I try to treat everyone the same in my responses.

Lex

[George Bellefontaine]

That's discriminatory, Lex . :B

[JOY DIVISION]

Monster Cable is not as smart as Bill Gates, since they have not integrated their stuff on electronics at all. They're overpriced and crap out at times, maybe they should bundle their products for people to try, which is obvious that none would be picked up. <comment deleted by admin. While funny, not appropriate for this forum>

[H.Donald]

The truth about Monster cable is that most anyone who has used one of their products and then tries another brand reaches the common conclusion......
they are over-priced,over-hyped and under-performing.They are aimed at masses who shop at B.B. and C.C.
This is not to say that all their products are terrible,but for same cost and less there is much better.
As for their lawsuits...well they come across like a bunch of mobsters,which is how our laws allows them to be.Remember Spike Lee's lawsuit against the cable network Spike?A judge issued an injuction holding up the start up of an entire network until the case was settled out of court.Spike tv is now on my cable system...and Spike Lee was most likely paid a sum.Apparently he owns the name Spike.So if any of you out there are thinking of naming your dog..don't use Spike.

[DrJRapp]

You've got to be kidding me. How can you put a copyright on one common english word? What's next? Are they going to sue Pixar for Monsters Inc? Or sue me if I write in a post that a big amplifier is a monster? Sue Sesame Street for Cookie Monster?

Believe it or not Bill Gates tried to copyright the word Windows. Can you just imaging how many law suits that would have generated?

[purplepeople]

IIRC, Microsoft was not able to copyright Windows because the terminology was in prior use for the Macintosh OS and even earlier with the Xerox GUI. Even so, the term has become so well known as the Microsoft GUI that one Linux company was forced to change its name from Lindows. Even though the heavyweight won that fight, it's actually a good example of not showing up second with a blatant rip-off name.

Monster Cable's problem is that they've shown up long after Frankenstein, King Kong and Godzilla, who all have a much bigger claim to the word. I'll bet the only reason they keep up the litigation is so that it prevents others from using the name in an advertisement. Eg. Our cable is better than Monster's.

What I want to know is whether www.monster.com can prevent Monster Cable from publicly advertising for employment.

ensen.

[Chris D]

Hmmm... On HALLOWEEN, I was watching home movies, including one of an old girlfriend in the boxing gym. Man, you should see my EX BOX! (So sweaty, she wasn't a very KLEEN EX) Suddenly, I looked out my WINDOWS and thought I saw a MONSTER. Not, so, though, it was only a black CAT, forecasting my impending DOOM.

[purplepeople]

A video of a sweaty ex has got to rank as one of the lethal SAF items anyone could own. Are you sure it's safe to even mention it in public?

ensen.

[Bing Fung]

I can't belive Monster Cables is pulling this crap...

What a POS company :frypan:

[gymguymass]

I guess if one is big enough they can "bully" anyone they so choose. As a marketing concept, the name "MONSTER" may be very effective, but I think they chose a word that is far too common. Hopefully common sense will prevail in the courts and Monster Cable will be forced to pay ALL the expenses for the small mom and pop businesses as the case is tossed out of court.

[David Meek]

I wonder if they've filed on REM for their album Monster?

Because of this kind of mentality, I'll absolutely go as far out of my way as I have to in order to keep from EVER owning any more of Monster's products (I had their in-wall rated speaker cable in my old house).

Je*ks. . . . :M

[ThomasW]

Not politically correct but does express Steve Eddy's view of Monster :B
<below converted to link by admin, not appropriate for all viewers, nor endorsed by management of this forum>

http://www.q-audio.com/images/monsterthugs.jpg

[bandit788]

OMG, I cannot believe what I am reading!!!! Wait a minute, I'm educated, I can!!! We put these people in office, oh, we have no other choice.
Let's see, we can vote:
A.)Lawyer
B.)Lawyer
C.)MovieStar
D.)Lawyer
They have all the Billions, and they make it off of us before they run for office, then they can continue to run for office and insure the survival of the lawyer species by creating laws that alow them to sue for using the word MONSTER!!! I have used this word well before Monster Cable existed. I will buy RatShack and listen to static before I buy Monster, go CatCable!!!!
Shane (Not all lawyer's suck, just most of them)
Disclaimer: Any lawyer reading this who wants to file claim against me for saying you suck, you really don't suck, I meant somebody else!!

[audioqueso]

I'm going to patent the word "ultra" and sue Monster Cables for using that word in every single piece of their products.

[murphy3414]

My holiday greeting to good old Irene.





Hello Irene,

I recently spent several hundred dollars on your cable products along with some new A/V equipment. Since that purchase I have learned of your many filed lawsuits against innocent companies, businesses, and decent people regarding the use of the "WORD". I would like to inform you that my purchase of your product has since been returned and replace with a competitors products at a significantly lower cost.

I am closely monitoring the status of the before mentioned lawsuits, and will do my part to discourage the purchase, in any way, of your products whenever possible.

Happy Holidays.

[ThomasW]

One of the 'little' guys is p*ssed. They're taking on MonsterCable in Federal court, and have demanded a trial by a jury. This should be VERY interesing ........ :T

SnowMonsters vs MonsterCable

[David Meek]

Hmmm, can't even get to the site, much less the PDF.

[ThomasW]

Maybe their server is overloaded, this info was originally posted at AA.

Edit: The pdf is back online. I saved a copy just in case....

[David Meek]

That's very interesting. I hope they take a major bite out of Monstercable's a**. Pun intended.

[ThomasW]

Wow 8O 8O 8O 8O 8O 8O 8O 8O ,

Ray Kimber (yes THE Ray Kimber) once a friend of Monster's Noel Lee has just posted this statement about the boycott Monster cable .

Dear All, (Permission to copy and/or cross post this, without editing, is granted)

There have been some murmurs that my opposition and criticism of Monster Cable is self serving. I would like to respond and give a more complete reason and response for my opposition to Monster Cable

I didn't jump to any conclusions about Monster Cable's behavior toward Snow Monsters until after I had called and talked to both parties, and challenged them both. The result was that I looked at postings of "real" documents on the web that, in my opinion, leave Monster Cable trying to now float a public relations “cover story” that is increasingly difficult for anyone to swallow.

I wonder how many who are reading this will have seen the 1999 article from Forbes Magazine? (If not, send me your mailing address by private email and I will send you one, it is copyrighted, so it shouldn’t be PDF’d but I have some authorized reprints from Forbes) In it, Kimber Kable and Straight Wire were both splattered by the same paint as Monster Cable. While the article was from a few years ago, it is STILL being referenced by current postings and I recently had a reporter call me, out of the blue, regarding the re-naming of Candlestick Park, due to the linking of Kimber Kable and Monster Cable in the Forbes article.

Since my name and company and industry continue to be linked to Monster Cable I have an interest in what is being said, along with worry of how all AV cable companies might be tarnished by industry association with Monster Cable. The Snow Monsters issue came to my attention via someone who thought we and Monster Cable were the same thing! Until a few days ago I didn’t have ANY knowledge of the very existence of Monster Vintage, The Sesame Street Monster Workshop or Monster Away. Nor did it EVER cross my mind that Monster Garage, Monsters Inc, Monster.com or Monster Trucks had anything to do with each other OR with Monster Cable. Certainly I didn’t form negative opinions about any of the above entities by name association with each other, or mistake one for the other

There are many, no, make that VERY many things that Noel as a person and Monster Cable as a company have accomplished in a very positive way, but..., now I have both heartbreak and heartburn over what is happening, I don't understand, Noel's/Monster Cable’s tactics, it "looks" bad and I worry that folks will decide that the whole darn specialty cable business is the same. Monster Cable is, by my reckoning, larger than ALL of us competitors COMBINED! That gives Noel a "bully pulpit", but his apparent behavior as a bully is doing terrible harm to him, his company and my/our industry.

Monster Cable makes some great products, no question and no argument from me. But HOW they are selling them pisses me off, not because it cuts into Kimber Kable sales, it doesn't (explained below). It pisses me off because I think it is just flat wrong. One example: Using the driving of Noel's sports cars as an incentive to sell more Monster Cable. The result has been two-fold. More cable was sold. And! There were folks who likely had NEVER driven a high performance car that were turned loose in an unfamiliar car, on unfamiliar PUBLIC roads with a "just met" MC employee as co-pilot/chaperone. I hope/suppose that there were “ground rules”, but sheesh! what could anyone expect?, that these sales folks were motivated to sell more Monster Cable with the goal of driving a dream performance car like Aunt Mable drives her Buick? Uh huh?!? Well, the Forbes article talks about an incident that went wrong, very wrong. When does a sales incentive, by amount and extent, go from "compensating" to "corrupting"?

The reason that Monster Cable doesn't much compete with Kimber Kable is that we don't sell in the same stores, and wouldn't even try. The folks that go to Radio Shack (now selling Monster Cable, BTW) to buy a VCR don't need, and don't deserve to be pitched on, special wire of any kind. That customer’s needs and expectations are COMPLETELY met with ordinary products. If the compensation and pressure to sell that customer "special wires" is high enough then sales WILL certainly be made. But I won't pay that extent of incentive AND won't apply that kind of pressure to Kimber Kable dealers to make THAT kind of sale. I wouldn't be able to explain such sales to my mom and I wouldn't want such sales methods directed at my mom. Sometimes it is good to apply the “mommy test” to situations to see if it is OK.

My anger and opposition to Monster Cable has nuthin' to do with Monster Cable products and everything to do with how pissed I am at overselling and the corrupting influence of incentives and pressure that are WAY WAY WAY out of proportion. Not to mention the ridiculous trademark actions. You don’t see Mother’s Car Wax going after Mother Teresa, now do ya?

Most electronics consumers don't need fancy cables, mine or anyone else’s!!! It is only when the natural interest and knowledge of the consumer correlates with equipment that will compliment the fancy cable that such a sale should be considered. The rewards and pressure to sell Monster Cable are evidently so high as to override the good sense of the seller as to which customer REALLY should be EVER be pitched.

I have NEVER!!! bought a power protection bar, Monster Cable’s or otherwise to go with my consumer electronics hardware purchases. My knowledge of the usual good power line quality and that hardware (even the cheap stuff) is pretty resilient to a little power junk AND!

my knowledge that if I REALLY TRULY did need some protection that I couldn't buy it for $100.00

makes me NOT a target for such sales. I have the knowledge that if I'm buying a $199.00 VCR I won't gain (and shouldn't expect) any useful increase in performance from any power bar or fancy cables. Without that knowledge I don’t want to be a target, like an unaware fish, to be hooked with some bait.

I don't like the idea of having my family and friends sold something/anything because they didn't know enough to form a sensible purchase decision. I don't want any Kimber Kable dealer to make such a sale of my product. I would be kidding myself if I laid out huge incentives to sell Kimber Kable and then imagined that ONLY folks who understood and appreciated fancy cables would be sold Uh Huh ?!? Well, EVERY customer is someone’s friend or family, they deserve to be treated as such.

So, will a boycott of Monster Cable shift all those sales to Kimber Kable, nope, cuz, my mom wouldn't "get it" if I tried to explain why it should. What would/should happen is that just-as-good-for-the-application less expensive product, like Belkin, Panamax, WestPenn or Carol, will be sold instead, at a much lower price. AND by eliminating the high pressure and high rewards the sales will drop to levels that more closely match the needs and expectations of the customer. So a boycott of Monster Cable, in my opinion, won't and shouldn't shift “real” sales to me or any other fancy cable company. What it will do is STOP the over-selling of, albeit fine, products. Remove the artificial props of, what looks to me like, PAYOLA!, and the over-reaching sales will evaporate and not be “shifted” to me or anyone else.

If Monster Cable's tactics are as bad as they appear regarding Snow Monsters, Monster Vintage and Monster Away, then I think they should stop it now AND go back and un-do some stuff, give back previous arm-twisted trademarks and agreements, and make amends to all others that were beat up. (BTW, Monster Away was a water pistol to be sold to children so they could give a little Monster Away squirt under the bed before they went to sleep. Monster Cable opposed the trademark application?!? I looked at the list of actions in the Trademark office, seems to me like Monster Cable just flat wore them out of money and/or will and/or spirit)

Noel/Monster Cable seems not to have learned much from the damning 1998 Forbes article. It won't be enough for me to just have Monster Cable just say "sorry" to Snow Monsters, because I truly believe that they will just continue on their merry way and view an occasional "sorry" as a cost of business. I want to see a "righting" of past "wrongs" and a removal of either Monster Cable's will or means to mount future over-reaching sales tactics and over-reaching trademark tactics.

So, I am going to ask Monster Cable folks some questions. I have already sent Dave Tognotti (Monster Cable’s Attorney) an email on 12/28/2004, no answer yet. I have been, and am going to be further, alerting friends and family to the www.stopthemonster.com site. I will say something, and why, to folks in the stores that are selling Monster Cable.

I am super uncomfortable with taking a stand against Monster Cable, not my style, and it would be perfectly logical for someone to view my opposition as self serving. But I can’t stand by quietly any longer and still be able to explain to my mom why I didn’t speak up.

It sucks that good products need to boycotted in order to stop the overselling and to choke off the profits that finance attacks on Snow Monsters and such.

My bottom line and sincere opinion is; I want to see Monster Cable stop the hurtful damage they are doing, apologize and make amends, correct past similar situations and further; to pay some significant Penitence.

Kind regards,

Ray Kimber (Permission to copy and/or cross post this, without editing, is granted)

P.S. Penitence = Quiet millions to a music program makes more sense to me, and is more relevant to our industry, than a name on a stadium. I would be happy to help Noel make some choices of programs

Here's a LINK to the Forbes article Ray talks about

[bandit788]

What a very informative and insightful post. I could buy all day long from someone who thinks like a regular person, and I will. I turn my nose up at Monster Cable products, everywhere I go, and in the last week I have had to explain why to several people. I guess my disgust is sensed by those carrying the Monster Products, what a shame. For as long as a "Monster" company like this exist, I will make it my personnel mission to inform everyone that I come into contact with.
Shane

[David Meek]

It's honest, publicly stated and (especially) informed opinions like this one from Mr. Kimber that give me hope that not all of us are money-grubbing sociopaths. Thanks to Thomas for forwarding this, and many, many thanks to Ray Kimber for taking a stand.

[ThomasW]

This is getting to be the twilight zone. Note the change in this wesite http://www.stopthemonster.com/ And this posted in a link at the top of the SnowMonsters.com website.

10 January 2005

Letter from Jack Turner

Noel Lee, the founder and president of Monster Cable and I have been in serious but cordial discussions over the last several weeks only to discover that we have mutual interests, goals, and respect for each other's work.

At the same time, we are both ardent defenders of our companies, trademarks, and our pride. After all, you have to be a spirited person (some would say crazy) to be an entrepreneur in the first place - even crazier to start companies like Monster Cable and Snow Monsters.

Noel and I are in agreement that there is no conflict or ill-will between Snow Monsters and Monster Cable Products - none whatsoever.

Any statements or feelings that I have expressed in the past, whether on our websites, printed correspondence, or email are resolved in a fair and honorable manner by both parties. Everyone in my family feels this way and wants you to know that:

Snow Monsters is not responsible, nor do we condone, any information published by other persons that is untrue or misleading. I learned that we may have posted links to online information that is not accurate.

I don't have any knowledge, nor have I ever claimed that Monster Cable has filed lawsuits against hundreds of companies or filed frivolous lawsuits. Rumors about suing the Chicago Bears, the Red Sox, or Fenway Park are simply false.

The database people have referred to is a list of trademark oppositions and requests for extensions. Trademark objection is a normal process for trademark owners. It is the Patent and Trademark office that decides if the trademark is allowed. Snow Monsters and Monster Cable will be protecting and policing our marks, or we will be in danger of losing them.

And Monster Cable never sued us. We filed a complaint in Federal Court against Monster Cable and have since withdrawn it. Please research information and check facts before jumping to any conclusions about Monster Cable. Our primary concern is to spread the truth - not cloud it.
Thanks very much to all fans of Snow Monsters. This letter will be sent to as many of our friends as possible in hopes of clearing up the situation. I ask that you do the same. And please...Think Snow!

Jack Turner, President

Inquiring minds want to know :wtf:

[David Meek]

Oh now THAT's interesting. I'm smelling a large payola rat.

[NMyTree]

SCREW Monster Cable!! SCREW Monster Cable!! SCREW Monster Cable!!!

I haven't bought one of their cables in over 12 years, and I certainly won't be buying it now.

Only thing that pisses me off is, my Wharfedale Evolution 10 and Wharfedale Opus 2 are internally wired with Monster Cable .

But I love those speakers, so I'll try to overlook it.

Nothing that is said now, can repair or change the fact of what Monster Cable has been doing. It's all damage control.

Noel Lee,

You and your Attorneys..... can kiss my a........;s@;s@;s@;s@;s@;s@;s@