Monster Energy Drink Company Bullies A Forum...for fish keeping

[crepesack]

So probably none of you guys know, but I'm an avid aquarist and I have lots of friends in this hobby as well. And this hobby has really really grown in the past 2 decades and since the advent of the internet we've set up a couple of forums. One of the most popular ones is monsterfishkeeping and monster aquaria network.

But recently this forum has come under assault...by none other than MONSTER ENERGY DRINK. What's ridiculous is that they're demanding that mfk and man stop using "monster" in their logo/url and also remove the label.

What's worse is that they've been set up since 2005 and only now are they bringing suit...and as if you could possibly mistake a fish keeping site for the energy drink!

link: http://www.monsterfishkeepers.com/forums/showthread.php?490388-MonsterAquariaNetwork-needs-your-help!!

Please help support my hobby and our rights from this blatant corporate bullying and share this! We're really in a pickle. Help by telling your friends and boycotting monster.

edit: petition http://www.change.org/petitions/monster-beverage-corporation-do-not-sue-monster-fish-keepers-for-trademark-infringement

 

[manic_depressive13]

I already "boycott" Monster energy drinks because they taste absolutely foul. Definitely the worst option out there. I'd rather get an overpriced Red Bull than that sickly sweet dishwater.

Anyway, good luck with your fight.

 

[Sean Hollyman]

Alright first let's get this out of the way first, I am terrified and don't like fish.

Ahem.

Anyway, that's BS, it's not like they own the word Monster or something. Brings back memories of that whole Scrolls fiasco when Bethesda threatened to sue Notch for using the word in his game.

Also, round here only cheapos and chavs drink Monster. Never quite fancied it myself. More partial to tea.

 

[Owyn_Merrilin]

Joy. More IP trolling. There is no way that their trademark covers this. Unfortunately, they have the money and the lawyers. More often than not, that's what really counts in situations like this. Good luck with the fight, OP. I've seen way too many groups in your forum's position lose this over the years, and almost every last one of them was in the right. But it didn't matter because of the way IP lawsuits work.

 

[Esotera]

A cease and desist letter is very cheap and low risk for them to send out. I wouldn't worry too much if they do actually take it to court, because it's going to get laughed out by practically any judge. The best option is to get a real lawyer to write a quick response letter telling them why this is absolute bullshit, and possibly put it on reddit as they love to get their panties in a twist over stuff like this.

 

[evilneko]

Get The Oatmeal guy to draft a response. XD

 

[Pinkamena]

Wow, that's stupid by Monster! I'll sign that petition.

 

[Rednog]

I kind of see where they're coming from, their logo and name just makes consumers confused. Just the other day I came home from getting groceries and to my surprise I had accidentally bought a fish tank instead of an energy drink, I was pretty mad.

 

[Fasckira]

I kind of see where they're coming from, their logo and name just makes consumers confused. Just the other day I came home from getting groceries and to my surprise I had accidentally bought a fish tank instead of an energy drink, I was pretty mad.

I feel your pain, its really frustrating when that kind of thing happens but it is an honest mistake.

In reality, a Monster legal team has probably just googled "Monster" and then sent this nonsense to every company with the word Monster in the name. Doubt anything will come of it.

It did remind me of that story years ago when there was a really good gaming clan (ie, winning tournies and what not) with the same name as an energy drink (I want to say Red Bull but I cant recall for sure) and the company approached them and politely asked them to change the name. To sweeten the deal the company gave them a pile of energy drinks and merchandise, and the clan agreed to change their name.
Seemed like a very considerate way to go about things and didnt involve the courts! Its amazing what can be achieved when people just talk to each other.

 

[Nantucket_v1legacy]

The word Monster is not trademarked so just ignore anything you get from solicitors unless it is a court letter. If you do get that court letter, watch Monster get laughed out of court. A big corporation picking at fish forum? Funny.

 

[crepesack]

This isn't the first time monster has decided to pick on the little guys before actually:
http://consumerist.com/2009/10/brewer-sued-by-monster-energy-drink-asks-america-for-help.html
http://consumerist.com/2009/10/monster-energy-trains-legal-guns-on-beverage-review-website.html
At least that time it was at least between drink makers.

 

[hooksashands]

Signed. And fuck Monster with both middle fingers. If their over-caffeinated sewage syrup doesn't make you gag, their sponsor whoring and army of idiot lawyers will.

 

[Ryan Hughes]

Legally speaking Monster Beverage does not have a leg to stand on.

1) While the Logos are similar, there is a greater than 20% difference between the two. This is the legal threshold for action, as brand logos and other IP like comic book characters have routinely been through court over similarities like this. The 20% difference is the precedent that has been set, and in fact, for one-letter logos, the precedent might be even lower.

2) They do not own the word "monster." They own a brand called: "monster" but this brand can only be applied to beverages and food products. Moreover, as these forums are not an industry in-and-of themselves, but rather a "hobbyist" collective with no intention of industry, there is no consumer conflict. Thus the Trade Mark of Monster cannot be infringed.

This is clearly legal bullying.

*EDIT

Signed, and I sent an email to MonsterBev, informing them of how wrong this action is.

 

[shrekfan246]

I kind of see where they're coming from, their logo and name just makes consumers confused. Just the other day I came home from getting groceries and to my surprise I had accidentally bought a fish tank instead of an energy drink, I was pretty mad.

I know, right? I didn't even realize that I had purchased a fifty-gallon aquarium instead of death-by-sugar-in-a-can. I was furious, and the store refused to give me a refund!

 

[DoPo]

2) They do not own the word "monster." They own a brand called: "monster" but this brand can only be applied to beverages and food products.

Precisely. They could sue somebody who uses "Monster" to call his own drink or something similar, but they don't have authority over a different industry. In the same fashion, a plumber could call his company "Coca-Cola" and would not be breaching any trademark laws.

Monster and the other Monster are clearly different, hence the same applies.

CAPTCHA: clear blue water

 

[FalloutJack]

Signed. And fuck Monster with both middle fingers. If their over-caffeinated sewage syrup doesn't make you gag, their sponsor whoring and army of idiot lawyers will.

Spoiler: DOUBLE DEEEUUUCE!!!

Red Bull's better anyway.

Yeah, I signed. Is anyone reminded here of that jackass who was copyrighting the word "Edge"? As I recall, that idiot lost ummm...EVERYTHING for his shenannigans. This...is gonna be good.

 

[Moonlight Butterfly]

Signed, Chav drink makers shouldn't be allowed to bully the little guy.

Their claims are ludicrous.

 

[StBishop]

Alright first let's get this out of the way first, I am terrified and don't like fish.

Ahem.

Anyway, that's BS, it's not like they own the word Monster or something. Brings back memories of that whole Scrolls fiasco when Bethesda threatened to sue Notch for using the word in his game.

Also, round here only cheapos and chavs drink Monster. Never quite fancied it myself. More partial to tea.

They had to do it dude. A quick google search will show you what went on but cliffnotes is this: If they don't fight every single enfringement, no matter how trivial, then they legally can't fight other, more reasonable, ones.

EDIT: For clarity: I was only on about the Bethesda stuff. As DoPo pointed out, trademarks don't carry across to industries where there's no competition. Cheers.

 

[Chanel Tompkins]

For goodness sake...*signs*
Even though I'll probably have to unsub from their mailing lists again...