Just passing along what I read...
[Link: snowmonsters.com]Monster Cable Products, Inc. (Brisbane, CA) is a manufacturer of electronic cable accessories, such as speaker wire, audio, video and computer cables, electrical connectors and amplifiers, cable connectors and satellite receivers.
Monster Cable demands that SNOW MONSTERS give up rights to its name so that Monster Cable can trademark “Snow Monsters.” The Turner family, the creators of the Snow Monsters program, would then license the marks back from Monster Cable.
Monster Cable’s gambit is to run up enormous legal expenses and drag out trademark infringement cases for many years if necessary, thereby forcing trademark owners, especially those with lesser means, to give in to their unreasonable demands or risk losing their trademarks.
As Monster Cable’s CEO, Noel Lee, brags, the company’s lawyer, David Tognotti, is the “slimiest” of allą, in boasting of their willingness to legally assault small companies like Snow Monsters.
A complaint has been filed in Denver Federal Court to stop Monster Cable Products from destroying a national ski and snowboard program that doesn’t infringe or dilute Monster Cable’s MONSTER trademarks. Click here for a copy of the filing in Federal Court.
Monster Cable Products, Inc. (Brisbane, CA) is a manufacturer of electronic cable accessories, such as speaker wire, audio, video and computer cables, electrical connectors and amplifiers, cable connectors and satellite receivers.
Being a successful multi-million dollar company isn’t enough.
Under the guise of protecting its trademarks for Monster Cable, the company is attempting to control language and compete unfairly against many companies and individuals.
Monster Cable has been aggressive in suing trademark owners using any variation of the word MONSTER for virtually any purpose. They have gone after everyone from monstervintage.com, a family-owned business selling vintage clothing, to Razor and Tie Direct, for use of “Monster Madness” and “Monster Ballads” in connection with music albums.
Monster Cable has even challenged the use of “Monster Seats” for use by the Boston Red Sox in connection with certain seats at Fenway Park and “Monster Resins,” a glue company.
On June 16, 2004, Monster Cable filed a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB) against the application for the SNOW MONSTERS trademark alleging Snow Monsters, a children’s kids ski and snowboard program, somehow infringed or diluted Monster Cable’s trademark.
At first it was believed that Monster Cable had simply made a mistake since Snow Monsters is not in the cable business or in any remotely related enterprise.
Jack Turner, founder and President of Sirdar, LLC (the creators of the Snow Monsters program) immediately contacted Monster Cable to clear up the misunderstanding regarding the Snow Monsters skiing and snowboarding program.
It was explained that Sirdar would not use MONSTERS alone, but rather always in connection with SNOW. There are many companies using trademarks incorporating the word “MONSTER” and Monster Cable cannot claim to own the word MONSTER for all conceivable purposes. It was noted that SNOW MONSTERS had been used for seven years without any confusion with Monster Cable’s products, services, or trademark.
Turner decided to propose an agreement whereby Sirdar would agree never to engage in the electronic/audio component business, would always use SNOW in connection with MONSTERS and would not use any logos, fonts, typefaces or styles that would be confusingly similar to that used by Monster Cable.
It quickly became clear, however, that Monster Cable was not going to be reasonable. In response to Turner’s proposed agreement, Monster Cable’s General Council, David Tognotti (
[email protected], phone 415.840.2000; cell phone 415-716-0303), claimed that Monster Cable’s MONSTER trademarks were “famous,” and that Monster Cable owned virtually all rights to the word MONSTER for any purpose.
Tognotti demanded that Sirdar give up all rights to use SNOW MONSTERS, and provided Turner with a proposed licensing agreement that, among other things, required Sirdar to license the SNOW MONSTERS mark from Monster Cable, gave Monster Cable the right to approve or reject the manner in which Sirdar’s SNOW MONSTERS mark would be used, and required Sirdar to pay a royalty fee to Monster Cable, the amount of which was to be negotiated.
In other words, Monster Cable, proposed that it would take the rights to the name and reputation the Turner family had invested in their business.
Jack Turner had a few more discussions with Tognotti following receipt of the proposed licensing agreement. Turner tried to reason with Tognotti, explaining that a protracted legal conflict would only serve to run up unnecessary legal expenses for both parties since, in the end, it was unlikely that the Trademark Office or the courts would find confusion or dilution.
Tognotti appeared to be suggesting that Monster Cable could afford to run up enormous legal expenses and drag out trademark infringement cases for many years if necessary, thereby forcing trademark owners, especially those with lesser means, to give in to their unreasonable demands or risk losing their trademarks.
On August 16, 2004, Sirdar filed an Answer with the TTAB denying any infringement on Monster Cable and asserting that Monster Cable’s unreasonable and aggressive enforcement of its trademark is in bad faith and constitutes an attempt to monopolize the marketplace – a process that is extremely time consuming and expensive for a small, family owned company.
Along with its Answer, Sirdar served Monster Cable with requests for interrogatories and document similar to those that Monster Cable requested of and provided by Sirdar.
Monster Cable has stonewalled all reasonable attempts at discovery by Sirdar in connection with the TTAB opposition proceeding. While Sirdar has readily provided information and documents in response to Monster Cable’s discovery demands, Monster Cable has objected to each and every interrogatory and document requested by Sirdar, has objected to deposition notices, and has refused to identify the individual(s) most familiar with its trademarks. Indeed, to date, Monster Cable has not provided Sirdar with a single piece of information in connection with the TTAB proceeding.
It is clear that Monster Cable does not intend to cooperate in the discovery process at the TTAB. Instead, it hopes to force Sirdar to make motions for every bit of information it is entitled to, causing Sirdar unnecessary legal expenses and threatening its ability to stand up to the “800 pound gorilla.”
In addition, to further impede Sirdar’s ability to defend its trademark, Monster Cable is likely to institute a lawsuit for trademark infringement against Sirdar as it has done against many trademark owners already involved in TTAB proceedings – in other words, Monster Cable is making its play to run up incredible expenses for a small company to defend itself.
Therefore, Sirdar, LLC has filed a complaint in Denver Federal Court seeking a Declaratory Judgment of Non-infringement and Non-dilution of Trademarks. It’s a request of the Court for a judgment that the use of the SNOW MONSTERS Trademark in connection with a children’s ski and snowboarding program and related products does not infringe or dilute Monster Cable’s MONSTER trademarks. Click here for a copy of the filing in Federal Court.
Noel Lee, President
Monster Cable
455 Valley Drive
Brisbane, CA 94005
Phone: 415 840-2000
Fax: 415 468-0310
David Tognotti, General Counsel
[email protected]Phone: 415 716-0303
Irene Baran, Chief Operating Officer
[email protected] Daniel Graham, Editorial and Press Contact
[email protected]
