Monster Cable at it again, sues mini-golf company
If it wasn't already perfectly clear by now that Monster Cable's cables aren't really worth the price (or any price above the cost of a coat-hanger), and that they're only using those bloated markups to perpetuate their reputation as money-grubbing lawsuit-happy snakeoil peddlers, we'd call your attention to their latest target: Monster Mini Golf, a chain of glow-in-the-dark mini-golf courses based out of Rhode Island. Apparently Monster Cable claims that the Monster Mini Golf brand is confusing to the public and dilute their trademark. Of course, this suit isn't really any more absurd than their suits against Monster.com, the Chicago Bears (aka the "Monsters of the Midway"), or the Pixar film Monsters, Inc. -- that is to say, it's equally and completely ridiculous. But hey, when you're making 1000%+ margin on merch, you can only swim in entire pools of liquid gold so long before seeking out the thrill only found in wasting taxpayer dollars on frivolous lawsuits.Hey, so here's an idea: perhaps everyone should just stop buying anything made by Monster Cable. That or set up a dummy corporation with the word "monster" in the name, since you're basically guaranteed they'll spin their wheels serving a summons for merely existing. (Don't worry, you'll have limited personal liability.) You pick, whatever's easier.
[Thanks, Jason; also, here's the Monster Mini Golf site]
Vote on whether Engadget should blackball coverage of Monster Cable here.
Reader Comments (Page 1 of 1)
Keith @ May 27th 2008 12:10AM
Some dummy corporations I suggest:
Monster Cabal
Monster Kabul
Bobby Picket of the Monster Mash song (recorded 1962) should sue Monster Cable (founded 1979) to give them a taste of their own medicine.
DenverBob @ May 27th 2008 12:50AM
So should Mary Shelley's estate.
TRT @ May 28th 2008 2:18PM
The Chicago Bears received the nickname "Monsters of the Midway" at the beginning of the 20th century. The football team played their games in a grassy depression between 59th and 61st streets on The University of Chicago Campus. The depression was and is called the midway. The lawsuit can't get any more frivilous then that!
DenverBob @ May 27th 2008 12:50AM
If I may make a suggestion, there is a fabulous book (I know, a non-electronic medium, but there it is) by Prof of Communications Kembrew McLeod, from the U of Iowa, that takes on intellectual property rights and skewers companies like Monster Cable.
Titled, "Freedom of Expression: Resistance and Repression in an Age of Intellectual Property," McLeod explains the insanity involved in present day intellectual property rights (IPR), including how one medical research company managed to claim IPR for a cancer gene sequence they DISCOVERED (as in, didn't invent), and how if other companies want to defeat that cancer, they must first obtain a license from said IPR holder to work with the gene. I kid you not.
In a fit of intellectual outrage, McLeod actually managed to trademark the term "Freedom of Expression" in 1997.
McLeod is a member of the Creative Commons initiative, a great idea launched in part by Lawrence Lessig. I urge all readers to learn about and support it.
http://creativecommons.org/
The book is a great read, and it is guaranteed to infuriate everybody except the legal departments at AT&T, Disney, Diebold, Monsanto, et al.
andy @ May 27th 2008 10:25AM
Well, as an IP attorney, I'd say that most of your and his problem stems from the fact that you have no idea what a trademark is or does for you, or what a patent actually covers.
Things tend to make more sense when you understand how they work.
And your "the cure for cancer is patented" claim is just pure bs. Make it a different way than claimed in the patent, and you're not infringing. Also, why bother finding this sequence if you can't get paid for it? It took millions (usually billions, about 3 billion on average for drugs) to develop this bit of information. I can't name any investors off hand that would pay for that with expectation on investment being a whopping ZERO percent.
Monsanto and Diebold do a lot of R&D work. They employ engineers and discover/develop/invent new ideas and products. The other companies would love to do away with IP so that they could just steal the ideas of smaller companies without having to worry about penalties. You should check on the members of your "altruistic" groups. You have a bunch of commies and mult-national corporations in these anti patents groups like "The Coalition for Patent Fairness."
kcmurphy88 @ May 27th 2008 12:34PM
The issue here isn't trademark (or patent) law, but Monster's vexatious abuse of their legal rights. This suit is just more of the same. Unless the marketing of Monster Golf implies a connection to Monster Cable in some direct manner, there is no marketplace confusion and therefore no infringement.
But then, Monster's track record is one of harassment and intimidation. They are a serial bad actor here, and contrary one one commenter's assertion there ARE sanctions that can be imposed on vexatious litigants like Monster. Perhaps we should start a Monster Defense Fund to speed that along.
andy @ May 27th 2008 4:14PM
KCmurphy,
That's exactly my point. Monster suing to enforce "legal rights" that they don't actually have is NOT RELATED to the question of whether our IP laws should be changed.
Video Master @ May 27th 2008 1:35AM
MONSTER CABLE SUCKS DON'T BUY IT
kcmurphy88 @ May 27th 2008 2:09AM
Monster Fable: publishers of scary children's books
Monster Gable: makers of ultra-shielded lightning-proof roofing.
Monster Label: big labels, of course.
Monster Sable: breeders of a cross between sasquatch and small furry creatures.
Monster Table: the people who make those long dinner talbes for rich people.
Michael @ May 27th 2008 6:18AM
no its perfectly legit i always thought Cloverfield was the Monster Cable Movie and LOST is the Monster Cable TV Show
DrXym @ May 27th 2008 7:47AM
Unless Monster Golf also sells a range of audio / video cables, they should just tell these bullies to get lost in the most public and humiliating way possible.
andyg8180 @ May 27th 2008 9:42AM
mini golf - AV cable
mini golf - AV cable
mini golf....... av cable?
yeah, i see the connection there...
I think this was an SAT word assocation example... i truly can see why monster is suing the mini golf place... SCREW THE MINI GOLFERS!!!
Matt W @ May 27th 2008 9:47AM
Monster is obviously going overboard here. However, there is a reason. When you obtain a trademark, it's actually possible to loose said trademark if you do not properly defend it. I'm sure Monster has no intention of winning any of these ludicrous cases -- they're doing it to just be "on record" as defending the trademark.
This is especially important when you are selling your overpriced products based on marketing and branding as opposed to any technical merits.
I am not defending them in any way - I'm just stating my limited knowledge on trademark protection. They could accomplish the same thing in a less ridiculous manner.
conor @ May 27th 2008 10:15AM
monster energy drink?
andy @ May 27th 2008 10:30AM
You're very close, but indeed, this is a bit overboard. All they really need to do is write a letter to these companies stating that they own the trademark and that they have certain lines of business. They would write something back to the effect of, "Okay. We do mini-golf. We have no intention of going into electriconics or cables, nor any field besides mini-golf actually."
I don't understand why they're filing suits that they really don't have a chance at winning though. It's going to be hard to show that the ordinary consumer would think that the mini-golf was being built by Monster Cable. That's just a bit too far to stretch for most people I suspect.
Keith @ May 27th 2008 10:54AM
I don't know what you are talking about, Andy. A few weeks ago I went to Monster Mini Golf, and asked for a green ball, a putter without dents in it, and a 4 meter HDMI 1000hd Ultra-High Speed HDMI Cable for suggested retail of $199.95. To my surprise, the attendant declared he could only accomodate my first two requests. On that day I swore I would never buy from Monster again because a company that doesn't have proper cable inventory at its mini golf courses does not deserve my business.
Wayde @ May 27th 2008 1:31PM
Monster Cable is a company with no morals. They delude themselves and try to pull the famous Monster Cable Scam at retail outlets and trade shows.
http://www.gizmorepublic.com/accessories/monster-hdmi-cable-scam-830
Jlivengo @ May 27th 2008 4:18PM
I'm waiting for them to sue Halloween.
Wryker @ May 27th 2008 4:45PM
As someone who's played at Monster Golf I can attest that it is in NO way, shape, or form going to be misconstrued as having a relationship affect with Monster Cable. Why? The course is fun, entertaining, and (here's the biggest way to tell it's not affiliated with Monster Cable) - it's AFFORDABLE.
Kurt @ May 27th 2008 8:08PM
Just to let everyone know: I've contacted the owner of the company, Christina Vitagliano, and offered my support. I think it's very clear that she's in the right here, and what's very encouraging is that she sounds like a real fighter. This isn't someone who's going to quietly sign a licensing agreement and never be heard from again; I expect a brouhaha.
By the way, on the other comment thread on this (why are there two? I'm not sure...), there's a post which quotes what is purported to be (I assume it is, but for defamation purposes one can never be too careful) a message from David Tognotti, Monster Cable's house counsel, on the subject of the Monster Mini Golf debacle. Of all things, he's trying to make it out that Ms. Vitagliano's Monster Mini Golf is a big east-coast company (well, she's in Providence, RI, so she is "east coast." As for big--well, she sounds like a great person and I hope her company gets very big indeed, but it's clearly no vast corporate behemoth -- I would say "Monster" if I wouldn't get sued -- today.).
May I make a suggestion to those who are outraged over this? Monster Cable has no doubt received a lot of hostile e-mail from customers and ex-customers over these things, but it clearly hasn't done any good. Consider, when you sit down to write an e-mail, writing to Best Buy or Circuit City to ask them why they carry this product line and to ask them to pass along your feelings to Monster Cable. Retail product placement is the sine qua non of Monster Cable Company; that retail placement translates into sales dollars on a grand scale.
Kurt Denke
Blue Jeans Cable
T @ May 28th 2008 2:23PM
In my round of golf today, I was driving my ball straight as a Monsta' Cable....oops! Now I did it...HELP! I need a lawyer!