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A monster by any other name might get you sued by Monster Cable Products Inc.

The Brisbane maker of electronics accessories has filed lawsuits and trademark infringement claims against dozens of companies for using "monster'' in names, products or services.

The TV series "Monster Garage'' and the Monster Seats above Fenway Park's left field wall have been targeted in what Monster Cable officials say is an aggressive legal strategy to protect the firm's good name.

"We have an obligation to protect our trademark; otherwise we'd lose it, '' said Monster Cable founder Noel Lee.

Critics like Victor Petrucci, founder of a small, family-owned online clothing store called MonsterVintage.com in Camas, Wash., say Monster Cable is going overboard.

"They strong-arm anybody who uses the word 'monster,' '' said Petrucci, who is fighting a lawsuit that Monster Cable filed against his firm in August. "I sell used clothing. How can I damage them at all?''

Petrucci drew public attention with a big protest sign attached to a truck outside the main parking lot during a 49ers game shortly after Monster Cable bought the naming rights to Candlestick Park in San Francisco.

Monster Cable legal counsel David Tognotti said it has registered more than 50 trademarks covering a wide range of products, including furniture, food and clothing. "We've spent millions of dollars as well as countless hours building our brand,'' he said.

Tognotti is preparing for a trial against the Discovery Channel over the popular TV series "Monster Garage,'' which he claims uses images of "provocative women'' and an iron cross logo that could tarnish Monster Cable's image.

With MonsterVintage, Tognotti said he tried to stop Petrucci's use of a logo that is very similar to Monster Cable's.

"We called them and said, 'We'd like you to stop,' '' Tognotti said. "He continued to ignore us, so we filed a lawsuit in federal court.''

According to the U.S. Patent and Trademark Office and court records, Monster Cable has gone after other notable monsters:

-- Walt Disney Co., which distributed Pixar Animation Studios' hit film "Monsters, Inc.''

-- Bally Gaming International Inc. for its Monster Slots.

-- Hansen Beverage Co. for a Monster Energy drink.

-- The Chicago Bears, whose nickname is "Monsters of the Midway.''

In most cases, Monster Cable has been able to work out a settlement or nominal licensing agreement, Tognotti said.

For example, a deal is in the works with the owner of the Fenway Park Monster Seats trademark that will result in some seats being made available for charitable purposes at Monster and Fenway parks.

In 1999, Monster Cable sued the company it has been most mistaken for, Monster.com., the Maynard, Mass., online job-hunting site. The companies settled in February 2000, but agreed to keep the terms confidential.

However, trademark law attorney Anthony Malutta, who once defended a client in a case filed by Monster Cable, noted that Monster.com's site has a link to Monster Cable, not the other way around.

Monster Cable's policing of its trademark strengthens its legal rights and scares off would-be monsters, said Malutta, of Townsend and Townsend and Crew LLP of San Francisco.

However, that tactic might "hurt them if they go after everybody who uses 'monster,' like a little clothing company that really is not a source of confusion at all,'' he said.

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I guess Monster has to do everything they can do since they can't rely on a quality, reasonably priced product to do it for them. Monster Cable founder Noel Lee needs to enjoy a powerful enema given by a garden hose.
 

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Posted by Monte L Fullmer (Member # 2797) on 08-11-2005, 12:46 AM:
 
..or given a bran muffin for a colon cleaning....

Big name nonsense - just paying for the name and they think that they can monopolize the system....
 

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Posted by Wolff King Morrow (Member # 2226) on 08-11-2005, 04:29 AM:
 
The word "monster" should not be owned by any one company. Its a common word. Otherwise they need to go and sue ALL movies, books, and TV shows with the word "monster" in it.
 

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Posted by Darryl Spicer (Member # 711) on 08-11-2005, 11:04 AM:
 
That explains all those nightmarish thoughts that pop into my head about monster cable while watching monster garage.

There is going to be a lot of paper flying out the courtroom doors.
 

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Posted by Lyle Romer (Member # 1266) on 08-11-2005, 11:27 AM:
 
I don't think that any of their cases will hold up in court. It is called a TRADEmark, ie a mark of your trade. They are an electronics company. If somebody made Monster Speakers then they have a case. Monster Garage is a TV show dealing with automobiles. You can't possibly confuse the two entities.

It's like Delta Airlines and Delta Faucets. They both just refer to themselves as Delta but they can't claim the other one is violating a trademark.

Here's hoping that Monster Cable loses a lot of money in legal fees!
 

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Posted by Paul Mayer (Member # 355) on 08-11-2005, 11:33 AM:
 
Or that the courts decide to set aside their trademark. That has happened in the past when suits like this were brought.
 

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Posted by Mark Lippert (Member # 2573) on 08-11-2005, 11:33 AM:
 
They just better keep away from Cookie Monster.
 

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Posted by Ethan Harper (Member # 472) on 08-11-2005, 12:50 PM:
 
Why not change the name of this website to Monster-Film-Tech.com?
 

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Posted by William T. Parr (Member # 677) on 08-11-2005, 12:59 PM:
 
Or just give then a Film-tech MONSTER Fuck You.
 

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Posted by Brad Miller (Member # 2) on 08-11-2005, 01:17 PM:
 
I just watched that movie Monsters Inc the other day. What a great flick!
 

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Posted by Monte L Fullmer (Member # 2797) on 08-11-2005, 01:38 PM:
 
LOL - now to play another game: finding movie titles with the word "Monster" in the title...
 

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Posted by Randy Stankey (Member # 64) on 08-11-2005, 03:47 PM:
 
Main Entry: monster
Part of Speech: noun
Definition: giant being
Synonyms: abnormality, barbarian, beast, behemoth, bogeyman, brute, centaur, colossus, demon, devil, dragon, fiend, Frankenstein, freak, giant, hellcat, hellhound, hellion, horror, leviathan, little devil, lusus naturae, mammoth, miscreation, monstrosity, mutant, ogre, phoenix, savage, titan, villain, whale

I guess Dirk Diggler is out of the question, then... No?
 

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Posted by Jon Miller (Member # 163) on 08-11-2005, 03:49 PM:
 
Come to think of it, Monster Energy drink doesn't taste that good. Maybe the lawsuit has a sliver of merit in this case, as much of a stretch as it is.

And what about Monster House, another Discovery Channel series produced by the same company as 'Garage? The renovations typically include home entertainment systems that could very well be wired with Monster Cable. Instead of suing the pants off of Discovery Channel and Original Productions, the Monster Cable folks could instead use this as a marketing opportunity.
 

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Posted by Phil Hill (Member # 371) on 08-11-2005, 04:00 PM:
 
Dontcha just LUV lawyers?


 

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Posted by Jack Ondracek (Member # 1466) on 08-11-2005, 05:43 PM:
 
We have the same problem over here, with anything that carries the name "Olympic"... which happens to be a trademark of the athletic type. Because of the nearby OLYMPIC mountain range, and a peninsula that also bears the name, we have lots of retail and internet businesses that have naturally associated with the name. The Olympic Committee has sued a lot of people for using the word, and money doesn't fix the problem. If they could find the owners of the mountain range, they'd probably haul them into court, too.

We also have a mountain range by the name of "Cascade". Perhaps the soap people don't know that yet......
 

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Posted by Bob Maar (Member # 763) on 08-11-2005, 06:09 PM:
 
Monster - Monster- Monster- Monster - Monster.

Go ahead sue me!
 

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Posted by Joe Redifer (Member # 3) on 08-11-2005, 06:19 PM:
 
Has anyody wired their entire home, electrical and all, with Monster Cable™©®??
 

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Posted by Robert Harrison (Member # 3202) on 08-11-2005, 06:35 PM:
 
I called my good friend Godzilla, who is currently enjoying retirement. He said, "They're doing WHAT? That's crazy! I'M a monster, damn it, and damn proud of it! I outghtta come over there and smash their factory! And, you know what, I'VE been a monster longer than them. Hell, I'll sue THEM!"
 

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Posted by Joe Redifer (Member # 3) on 08-11-2005, 08:35 PM:
 
Because I am in a silly mood, I sent the following e-mail to Monster Cable:

quote:

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Hello,

I searched your site but couldn't find any information about the following. I am having a new home built and I am sparing no expense. They've just started to dig the foundation. Anyway I'd like to wire the entire house with Monster Cable®™©. This includes all of the electrical, telephone, internet, A/V, security alarms, garage door openers/sensors, cable television, everything. It all needs to be Monster Cable®™©. Do you offer these kinds of services or products? I would be devastated if all of the wire in my new house was not 100% oxygen free copper. I mean what is the point of having a cable if it's not Monster Cable®™©? I don't want to be just another commoner who isn't getting the most that his electrical, telephone, internet, security, garage, cable, and A/V systems have to offer.

Please let me know if these services or products are available!

Thanks,

Joe

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quote:

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Monster Cable sues anyone who uses the word "MONSTER"

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Posted by Brad Miller (Member # 2) on 08-12-2005, 03:17 PM:
 
Ummmm Joseph, it would help if you didn't skim.
 

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Posted by Mitchell Dvoskin (Member # 751) on 08-12-2005, 03:45 PM:
 
Olympic is a special case. Congress passed a special law giving all commercial rights to the word to the US Olympic Committee, seperate from any copyright and trademark laws.
 

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Posted by Joe Redifer (Member # 3) on 08-12-2005, 06:02 PM:
 
Monster Cable founder and powerful enema recipient Noel Lee believed my BS e-mail and he is excited.
 

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Posted by Andy Summers (Member # 3207) on 08-12-2005, 06:21 PM:
 
MONSTER, sounds more a less like “VULTURES.”

The only time I would buy that over priced cable, is when I have lost the plot.

Get the picture?

VULTURES
http://www.deathonline.net/images/disposal/vulture_01.jpg
 

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Posted by Bruce Hansen (Member # 281) on 08-12-2005, 07:43 PM:
 
Monster Cable does not own the word monster or the word cable. I have heard a number of whining politicians talk about stopping frivolous law suits, and I have got to say this is the most frivolous law suit I have ever heard of, so where are those whining politicians now? Next, Monster Cable will be sewing every cable TV company in the country for using the word "cable" in their name.

My guess is that Monster Cable is in trouble because there have been a number of articles written about their cable being no better than the cheapest thing you can buy, so who is going to buy Monster Cable when you can get the same thing for FAR less money? Monster Cable can't sue the people who wrote the articles, because they told the truth, and Monster Cable cannot prove their own claims. Oxygen free? There is oxygen all around us, their cable can't possibly be oxygen free.
 

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Posted by Andy Summers (Member # 3207) on 08-12-2005, 08:36 PM:
 
To withstand the pressure, Oxygen free I have to agree with you on this…

How many people have been ripped of by these Vultures anyway…..

Oxygen free, well maybe in zero-G?

Anyway,

VULTURES
http://www.deathonline.net/images/disposal/vulture_01.jpg

I’m hungry Monster munch time?
 

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Posted by Jason M Miller (Member # 2597) on 08-12-2005, 09:47 PM:
 
WTF...
 

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Posted by Joseph L. Kleiman (Member # 3097) on 08-12-2005, 10:07 PM:
 
Here's the actual court filing from 2001. They settled out of court the next year. It's a pdf - so make sure to have Adobe reader or equivalent

Monster v. Disney

Joe

[ 08-13-2005, 03:16 AM: Message edited by: Joseph L. Kleiman ]
 

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Posted by Randy Stankey (Member # 64) on 08-13-2005, 01:32 PM:
 
Take a look at their website: http://www.monstercable.com

I only looked around the site for a short time but I found only a few vague references as to why you should buy their stuff.

...Get the ultimate mix.

...Monster Power... (Power supplies.)

When I was in 8th grade we had to take a course on advertising & marketing as part of our English requirement. I'm sure most of you have taken some sort of class to that effect. We learned about "Weasel Words". They are words or phrases that give vague ideas of a concept but don't mean much.

"Four out of five dentists surveyed..." (Who the heck was the FIFTH dentist?!"

"Kills germs that cause bad breath..." (IF you have those germs. Providing you didn't just eat a whole clove or raw garlic!)

"...Can promote healing..." (It CAN but probably won't.) (PROMOTE healing but not cause it to heal any faster than it would under normal circumstances.)

Reading that website, I found a LOT of weasel words but little, if any, content that says what Monster® products and why you should really buy them. Pretty much all they say is, "Give us your money and we'll show you some picutres of rock stars pitching our products."
 

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Posted by Jack Ondracek (Member # 1466) on 08-14-2005, 02:32 PM:
 
I got a kick out of their gold-plated "modem cable" (available from circuit city for something like $15 or so.

I don't remember the exact text, but it was supposed to facilitate the unimpeded flow of data to and from your 56k modem.

Apparently, we're not supposed to consider all the crap that passes that data from the other side of the wall to the central office... but that 6 feet of (trademarked) phone wire makes a difference?
 

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Posted by Dustin Mitchell (Member # 372) on 08-14-2005, 03:09 PM:
 
Well, there claims do have a slight basis in reality. Poor quality cable, especially in networking situations, can have huge effect on signal loss. The thing with Monster cable is that their products are overbuilt for what they're being used for. Cable is only good as the weakest piece on the system. Jack's example is a perfect illustration of this principle.
 

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Posted by Joe Redifer (Member # 3) on 08-14-2005, 06:14 PM:
 
Why not MONSTER® IDE/ATA cables? Have you seen IDE cables? They are so thin! There is no way that I am getting the best performance from my hard drive with those tiny things, just like Dustin said. I need at least 8awg (for each strand) IDE cables. Anything less is stupid.
 

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Posted by Dustin Mitchell (Member # 372) on 08-14-2005, 06:31 PM:
 
Did I say that Monster cable was right? Did I say their lawsuits aren't frivolous? No. I was just pointing out that good quality cable is important. No reason to shit on me.
 

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Posted by Joe Redifer (Member # 3) on 08-14-2005, 11:14 PM:
 
Did I say you said those things? No.
 

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Posted by Wolff King Morrow (Member # 2226) on 08-15-2005, 02:07 AM:
 
I say you shat on him for saying those things he said you said he said.


 

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Posted by Bill Enos (Member # 440) on 08-16-2005, 07:41 AM:
 
I was in a phone company switch gear area a couple years ago and didn't see ANY M-cable and their stuff sets an unequalled standard for reliability, how could that be?
 

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Posted by Jeremy Jorgenson (Member # 2989) on 08-17-2005, 07:36 PM:
 
Don't phone companies usually use a mixture of Monster Energy Drink cables and Monster Garage cables?
 

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Posted by Joe Redifer (Member # 3) on 08-22-2005, 07:35 PM:
 

 

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Posted by Dominic Espinosa (Member # 2122) on 08-23-2005, 01:14 PM:
 
What a bunch of pansies.
Honestly. What does Monsters, Inc. have to do with Monster CABLE?!
Seriously, fellas. If the logo looks similar or the company does similar business then you should be worried but this kind of crap is just rediculous.

This is almost as bad as when McDonals sued some guy in ANOTHER COUNTRY over infringing upon their name because he had a sandwich shop named "McDonals" or something like that.
It was his family name for crying out loud!
 

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Posted by John Pytlak (Member # 331) on 08-23-2005, 01:24 PM:
 
If these lawsuits make the newswires, it's free advertising. You get people talking about the "Monster" brand.
 

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Posted by Scott Norwood (Member # 30) on 08-23-2005, 01:26 PM:
 
For a real laugh, check out the Monster Cable web site for their "Ultra High Speed Internet Phone Cable Using RJ11 Connection."

As far as I can tell, this is nothing more than a phone cord to connect your modem to your wall jack. A 10 foot length sells for $19.95 (compare with about $2 for a standard phone cord).

They're advertising this as a way to provide "fast and reliable data transfer" as if somehow the 10 feet of cable between the modem and the wall jack is going to make a difference, especially given that there may be thousands (or tens of thousands) of feet of low-grade copper wiring between that wall jack and the telephone company CO.

I don't doubt that this is a good quality cable, but it won't make any difference in performance or reliability over a generic phone cord.

Their network cables are similarly overpriced ($69.95 for 200', when you can get a box of 1000' of generic cat. 5e for about the same price and possibly less).

Edit: also check out their $99 8-foot IEC power cord. (Compare with about $2 each for good 14AWG IEC cords from pretty much any electronics supplier.)
 

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Posted by Paul Mayer (Member # 355) on 08-23-2005, 03:48 PM:
 
Snake oil. Tice Clocks anyone?
 

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Posted by Don E. Nelson (Member # 1049) on 08-25-2005, 11:42 AM:
 
From a previous Film Tech post:(....in 1974 my roommate at the time realized that interfacing the amplifier to the speaker system on any type of sound system was the most overlooked component. He researched the cable industry and did some electronic/physics research and started buying samples of specially produced wire from Japan. From this humble begining ,he started a company called The Monster Cable Co in San Francisco. He is now the "head monster", and his name is Noel Lee.)
I met Noel where I still work, and we became room mates in the early 70's. Call him anything you want but the guy has business savvy and wall street like smarts.I haven't talked to him in over 20 years, but what he does doesn't surprise me. Once I sold him a used 2105 McIntosh power amp for several hundred dollars, next week I find he had traded the amp for a Lincoln Continental (Used but in good shape) the model with the suicide doors,.... and he has been trading up ever since.....
When your dealing with the high end entertainment market and dealing people with discretionary incomes and spare dollars to burn, it is very common to "Sell the sizzle rather than the steak".
John P. is right, it gets his name into the public conciousness and thus sells products, lots of them.

This was in the paper recently, Lee's Monster Cable Products, Inc. announced that it had signed a four-year deal with the City of San Francisco and the city's National Football League franchise to rename the city's chilly, wind-swept stadium "Monster Park." The news was accompanied by a photo of the beaming "head monster" holding a San Francisco 49ers jersey with the name "Monster" emblazoned above a large number 1.

From what I remember about Noel, he doesn't even care much for the game of football, but the special suite the 49'ers gave him to watch the games and hob nob with clients obviously comes in handy business deal wise.
Another clip from same article:
"The Monster Cable brand is so well known that it has become synonymous in the public mind with high-performance cables of all kinds—the way Xerox is used for all copiers and Kleenex for all tissues. Many of Monster's 750 employees work at its Brisbane, CA headquarters, almost within field goal distance of the stadium.

Noel is trying to build a big time brand name with Monster cable.
Monster reportedly will pay more than $6 million for the stadium naming rights, with the proceeds to be split evenly between the city and the 49ers. The deal is considered a bargain in stadium-sponsorship circles; FedEx is said to pay more than $7.6 million annually to attach its name to the Washington Redskins' home arena.Monster outbid several high-profile competitors, including Oracle, Virgin USA, and banking giant Wells Fargo.

Noel is also highly reguarded in the bay area as evidenced by this news clip:
SAN FRANCISCO, May 31, 2005 — Before a packed house at the Masonic Auditorium, Monster Cable’s Noel Lee delivered the commencement address to the 2005 graduating class of City College of San Francisco. Lee, who has the official title of The Head Monster, gave a speech on "Monster Attitude" before the crowed of graduates, faculty, family and friends.
Soooo, what ever you think of him and his products, he does have one heck of a MONSTER attitude.
Hey Noel if your reading this, give me a call at the Lab,and send me one of thoses cool red Monster shirts, size Large.
 

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Posted by Paul Mayer (Member # 355) on 08-25-2005, 01:21 PM:
 
Still a snake oil salesman, nothing more than a carnival midway huckster, charming though he may be. And society lionizes such shysters?

Actually, I suppose it's OK to admire a guy with such gumption. He's made millions "selling the sizzle" to people with more money than brains. Must admit it's a satisfying spectacle to watch from the sidelines. But this Emperor will never make a dime off of me.
 

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Posted by Martin Brooks (Member # 1269) on 08-28-2005, 10:21 PM:
 
The lawsuits are ridiculous and from the sounds of it, the "settlements" may have actually been losses.

The Village Voice newspaper went on a rampage suing anyone who used either Village or Voice in a newspaper name. Some people caved. Others fought them and the Voice backed down.

Same will happen here. There have been more and more lawsuits lately by idiots who think they own the English language.

As for the quality of Monster Cable, although I don't believe their claims, most other cables are so badly made that I have bought some of the lower-priced Monster when it's been on sale. When the Wiz went out of business, I managed to pick up some Monster Speaker cable for about $10 and I have to admit that there was a very slight, but still noticeable improvement to the sound (I had been using heavy duty Zip Cord.) Things just sounded a bit tighter. Maybe this was just psychological (I also think my car runs better after it's been washed), but I did think I noticed an improvement.

One of the problems I have with their product line is that they have so many different levels of product, it's totally confusing. Their high end cables are absolutely absurd - I would love to meet the suckers who buy this stuff. They have a line called "Sigma Retro Gold Interconnect" and a pair in a 6' length are only $1500 and no, I did not forget the decimal point.

Even if I bought one of those esoteric control amps for $10K (or more), I wouldn't pay $1500 for cables.
 

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Posted by Robert Burtcher (Member # 3227) on 09-01-2005, 12:45 AM:
 
Interesting bit of trivia, related to but not directly involving the Monster Cable lawsuits...

Monster Cable stickers and product are plastered all over the Smart Tech store in The 40 Year-Old Virgin (2005).
 

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