Monster Wrongfully Accused: A Note from Noel Lee, CEO of Monster Cable Products.
There have been a lot of rumors, misinformation, and false accusations spread on the web about Monster Cable and its trademark and brand protection efforts. We have been wrongfully accused of suing any company using the “Monster†name, and as being a “corporate bully.â€
Anyone who knows our company, or me personally, knows that we are not that kind of company, and I am not that kind of person. The information out there is categorically untrue.
Being a champion of the entrepreneur, and having started Monster in a garage with no money myself, I would be the last person to want to stop someone who had a legitimate right to use a trade name for their business. Those who know me and have met me, know that we have built a fantastic company from nothing through sheer hard work and a lot of sweat equity. You can check out our story at: http://monstercable.com/company_info/ and http://www.monsterparksf.com/info/WhoIsMonster.asp
I have even spoken at several colleges about how to become an entrepreneur, and value these opportunities. In fact, my parents were on one of the last boats out of China during its civil war. I truly have lived the American dream, and I am not going to prevent others from achieving it. I feel fortunate to have been born an American.Some of the negative press you have read may have started with some newspaper articles that have mistaken information in them, or others who have found this opportunity to spread negative press for their own agendas.
Snow Monsters mistakenly portrayed that our objection to their attempt to register trademarks was a lawsuit, which isn’t true. We have not sued Snow Monsters. We would never try to harm a company whose focus is on ski education programs and products for children.
In fact, Monster is a big supporter of programs for children. You can see what we have recently done with kids at Monster Park. http://www.monsterparksf.com/fun/Photos.asp
Before you form any negative impressions of my company or how I have directed it, permit me to straighten out some of the misconceptions.1) We do not have any trademark infringement lawsuits pending, and we do not object or take action against businesses just because they sell products that have “Monster†in their names. If we did, we would never be able to run our business, not to mention the financial burden would crush us. We have better things to do than spend this kind of money and time.
2) There are over 1,100 registered “Monster†trademarks in the U.S. Patent and Trademark office, and probably hundreds more that are unregistered. We don’t have any intention of suing them or taking any action against them. These marks have been allowed by the Trademark Office, just as our 50+ marks in the various classes listed below.
3) We have not sued or filed actions against the hundreds of companies that are using the word Monster. So if anyone is representing this to you, they are not right and should be corrected.
What I think has happened, is people are misinterpreting the U.S. Patent and Trademark office’s database. When you do a search on the USPTO database for Monster, it brings up a bunch of records dating back to 1983; like a Google search does. It appears people are seeing the search results and assuming they are lawsuits. They are not lawsuits. In fact, most of the search results are duplicate listings or merely requests for 60 day extensions (which allow us to do further investigation to see if there are any potential conflicts). The database shows Monster has opposed about 80 trademarks over the last twenty years. That’s about 4 trademark oppositions a year, which isn’t very many for a company that has over 50+ Monster trademarks and is a famous brand.
Don’t just take my word for it, please search the database for yourself.
(Click on the links and you will see the words “Extension of Time†on many of them).
http://ttabvue.uspto.gov/ttabvue/v?qt=adv&pno=&qs=Monster+Cable+Products,+Inc.&propno=&propnameop=&propname=&pop=&pn=&pop2=&pn2=&cop=&cn=4) Trademark registrations and trademark oppositions are decided by the U.S. Patent and Trademark Office, not us. Even if we do object to a particular filing to register a trademark, it is the Trademark office that determines if the business or person filing for the trademark registration is entitled to it, NOT US.
5) Our examination and investigation of businesses filing trademarks with our name Monster is normal processes for any company having a trademark that they want to protect. We know we don't own the word Monster; however like any other trademark holder we do have the right and need to protect our Monster brand when it is in danger of being diluted, tarnished, or infringed.6) The federal trademark law says that we are required to police our marks and enforce them or we will lose them, or risk weakening them. We didn’t make these rules. Congress and years of Supreme Court rulings have determined the rules of the game. This type of protection is authorized by federal and state statutes (referred to as anti-dilution laws) designed to prevent the weakening of a famous mark's reputation. For more information, you may want to check out: Nolo Press (http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/E24CD50D-14DE-4364-AC615684D93E6CBE/catID/D8932879-DC34-43DF-BF65FC92D55FEE5D#18C5EF1D-16AD-4F2A-B7EF7D691972BE58)
7) Anyone can use a trademark without having the trademark registered in the U.S. Patent and Trademark office, as long as it doesn’t infringe or dilute someone else’s trademark. This is referred to as a common law trademark. There are many trademarks that exist under common law rights.
In the case of Snow Monsters, we have NEVER sued them, and we are not trying to harm their company. I think that their products are great and don’t cause us any problems, I have written them and told them so. They are also using the word “monster†for characters, not as a brand, which is how we use Monster. Please, see the list of our trademarks below that I have provided for you.
8) I hate frivolous lawsuits as much as the next person, and would never engage in a lawsuit that was frivolous. They are a waste of the public’s money, and the time of the parties involved. In fact, the courts do not allow “frivolous†lawsuits to proceed. The courts have procedural safeguards to eliminate frivolous lawsuits, as well as penalties (like Rule 11) that can be levied against attorneys and parties who bring such suits. We have never been accused by a court of filing frivolous lawsuits.9) The newspaper articles and other rumors that said we sued the Chicago Bears, Boston Red Sox, Fenway Park, or a Cajun restaurant are all untrue. We have NEVER filed any lawsuits or other actions against them. Don’t just take our word for it, do a search of the court records, and the USPTO database, and we can guarantee that you will find that we have not sued (or even filed trademark oppositions) against these companies.
10) There are millions of Monster fans who love our company and love our products. My passion for the products and unrelenting drive to innovate and create the highest quality products is well known in the industry and with consumers. Where most companies find out how to take quality out of something to reduce costs, we find how we can “improve†products and make them the best of class. That’s why our customers love Monster products.
I am very sad indeed to see misinformation out there as it wrongfully portrays the company to be a corporate bully, when nothing could be further from the truth.
If anyone wants to talk with me about this, or if this email does not answer your questions, please email me at monsterinformation@monstercable.com. Although I may not get back to you immediately since I am currently on travel, I will get back to you.
In the meantime, I ask everyone not to prejudge until you know all of the facts.
Hope this clears things up for you. We merely want to protect the trademarks that it has taken me 25 years of hard work to build.If anyone else is under a wrong impression about our intention otherwise, please feel free to pass this on.
Monsterously yours,
Noel Lee
The Head MonsterMonster Web Site
http://www.monstercable.com
Here is the list of our registered Monster trademarks. We have many more that are pending registration.Class 6: Electronic Cables and Wires
Monster CableClass 9: Consumer Electronics
In class 9 we have the following registered trademarks, some which date back as far as 1978:
Monster
Monster Cable
Monster Power
Monster Music
Monster Batteries
Monster Car Audio
Monster Central
Monster Computer
Monster Internet
Monster Digital
Monster Game
Monster Home Theatre
Monster Lock
Monster Microphone
Monster Mobile
Monster Mounts
Monster Multimedia
Monster Networking
Monster Satellite
Monster Sport
Monster Standard
Monster Tips
Monster USB
Monster Wire AmericaClass 16: Consumer Electronics
Monster
Monster ConnectionClass 18: Leather Bags and Apparel
Monster DesignClass 25: Clothing and Apparel
In Class 25, we have the following registered trademarks, some which date back over 15 years:
I Am A Monster
Monster
Monster Attitude
Monster Design
Monster SportClass 35: Advertising and Marketing Services
eMonster
iMonster
Monster Bucks
Monsterbook
MonsterguideClass 36: Financial Services
MonstermoneyClass 41: Entertainment, Educational and Training Services
Monster Music
Monster StyleClass 42: Research and Development Services
Monster Music
Monsterlinks
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Topic - Monster Wrongfully Accused - A Note From Noel - Monster Cable 23:55:20 01/06/05 (109)
- Re: Monster Wipes ???? HA! - sillywanker 15:51:59 01/19/05 (0)
- Ariticle from the Denver Post - Hifi Steve 06:07:26 01/10/05 (0)
- A Note To Noel - if indeed it is really you - Craig Leerman 01:37:57 01/09/05 (0)
- A search across all fora indicate a pattern: - Monster Inmate® 21:25:31 01/08/05 (6)
- Interesting... - Steve Eddy 22:13:08 01/08/05 (5)
- Even more interesting... - Steve Eddy 22:32:18 01/08/05 (4)
- Possible WiFi wireless router at CES? - Mudshark 08:24:23 01/09/05 (3)
- Re: Possible WiFi wireless router at CES? - Steve Eddy 08:43:49 01/09/05 (2)
- I agree with Mudshark, Great detective work! Or should I say,"Monsterous job, Steve!" - Jack Seaton 09:45:47 01/09/05 (0)
- Even better detective work! - Mudshark 09:27:08 01/09/05 (0)
- Noel-that response is a carefully worded - kbuzz 18:34:23 01/08/05 (0)
- Monster Hypocrisy - Mudshark 16:32:52 01/08/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - NiravP 10:34:52 01/08/05 (0)
- Walked into Radio Shack this morning... - Paul_A 08:29:22 01/08/05 (1)
- hmmmm - Cetaele 08:44:54 01/08/05 (0)
- We might be gullible when it comes to exotic cables, but this 'explanation'? LOL! Go tell the fairies! - chris.redmond2@bushinternet.com 08:01:20 01/08/05 (0)
- ok Mr. Lee... - 69RoadRunner 00:12:52 01/08/05 (3)
- They have already donated $100K in product & $10K in cash... - DeKay 12:35:26 01/08/05 (2)
- "But I see these as separate issues". Exactly. One issue is extortion, the other is a tax right off. - Jack Seaton 13:18:36 01/08/05 (1)
- ya they're seperate issues, BUT... - 69RoadRunner 19:10:20 01/08/05 (0)
- Excuse me, are you people aware that... - Corbu 19:45:47 01/07/05 (5)
- So what you doing here? Go do a sponsored whine - you'd raise thousands. [nt] - chris.redmond2@bushinternet.com 08:03:51 01/08/05 (0)
- And that was a Monster Tsunami at that... - JeffH 00:17:58 01/08/05 (0)
- There is a Tsunami fund set up here and plenty of discussion about it over in the Outside Asylum. Extortion is the ... - Jack Seaton 20:44:28 01/07/05 (0)
- Take a deep breath and count to 10... - Budrew 20:44:19 01/07/05 (0)
- Re: Excuse me, are you people aware that... - Steve Eddy 20:17:34 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - bacobits 19:10:12 01/07/05 (5)
- Re: Monster Wrongfully Accused - From BAD to WORSE! - Mike Mount 15:46:27 01/19/05 (0)
- They’re suing “HOME OF THE MONSTER SHRIMP†- braillediver 19:54:47 01/07/05 (1)
- No... - Steve Eddy 20:47:03 01/07/05 (0)
- Number of results: 244 - ROFL! - andy_c 19:43:16 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - Steve Eddy 19:36:00 01/07/05 (0)
- Blah blah blah - Cetaele 18:41:33 01/07/05 (0)
- wow...you trademarked "I Am A Monster"?!!! ___cookie monster, Gozilla, et al. please take note.... nt - Alex S 17:14:58 01/07/05 (0)
- Re: Red Faced.. Shame on Me revisited - Julien43 16:56:08 01/07/05 (0)
- How come Monster.com has a link to your website? - Len_ 16:47:04 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - Ozzie 14:59:05 01/07/05 (1)
- Re: "You were a Monster last night."... - Neil49 15:23:18 01/07/05 (0)
- LOL Liar Liar pants on fire Mr. HEAD MONSTER - Toddd 14:30:21 01/07/05 (1)
- Is the Head Monster anything like the Head Nurse? (NT) - andy_c 14:51:32 01/08/05 (0)
- Noel: Try running a WWW... - DeKay 14:07:21 01/07/05 (0)
- Damn...I guess I shouldn't have cut up all my Monster Cables and Sawz-Alled my HT 2500 mkII? - Chris Garrett 13:58:22 01/07/05 (0)
- You should do your own research. - warnerwh 13:29:08 01/07/05 (0)
- I don't think it really matters - RGA 13:29:02 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - RichPA 13:08:47 01/07/05 (0)
- I'm sending mine back to Mr. Lee - AdamC 12:58:04 01/07/05 (1)
- Re: I'm sending mine back to Mr. Lee - JoeKool 14:18:02 01/08/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - geddie 12:44:21 01/07/05 (0)
- "provocative women'' and an iron cross logo that could tarnish Monster Cable's image. - tonemaniac 12:32:50 01/07/05 (2)
- Re: "provocative women'' and an iron cross logo that could tarnish Monster Cable's image. - Rob Doorack 05:53:19 01/08/05 (1)
- Re: "provocative women'' and an iron cross logo that could tarnish Monster Cable's image. - Steve Eddy 10:35:57 01/08/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - Steve Eddy 12:12:31 01/07/05 (0)
- Here's a wild idea... - subcoolman 11:49:07 01/07/05 (0)
- How much do royalties and licensing fees now account for your annual net profit?.... - Mr Gorsky 11:10:21 01/07/05 (1)
- screw net, we demand 1% of gross - tonemaniac 12:36:01 01/07/05 (0)
- Is "Monster" trademarkable? - zintintin 11:08:02 01/07/05 (0)
- No more Monster Cable products in this house. - AbeCollins 11:02:04 01/07/05 (3)
- "Maybe you should have a talk with your attorney and get on the same page." - pburant 11:38:51 01/07/05 (2)
- "unregistured user"? Click onto the moniker "Monster Cable" and you go to e-mail addressed ... - Jack Seaton 21:02:08 01/07/05 (1)
- So? - pburant 07:15:07 01/08/05 (0)
- nice of you to drop by - Bruce from DC 11:00:23 01/07/05 (1)
- What about Walt Disney... - Sean 11:27:49 01/07/05 (0)
- Hey Noel When you find yourself in a hole. Stop digging. nt - tom1356 10:41:43 01/07/05 (0)
- Legalese - Records R Black 10:02:40 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - Music19 09:52:04 01/07/05 (0)
- In the case of Snow Monsters, we have NEVER sued them - tonemaniac 09:50:48 01/07/05 (0)
- What a load of crap. No more Monster products for me. - Jake-LA 09:30:26 01/07/05 (0)
- All I can tell you is that... - Neil49 09:28:24 01/07/05 (0)
- Response to Noel Lee - tommy2000 09:07:44 01/07/05 (0)
- What I would like to see from the lynch mob... - Bayside Bomber 08:27:47 01/07/05 (15)
- These guys gave in and changed their name ... - Jack Seaton 09:25:36 01/07/05 (0)
- Some more light reading for you ... - Jack Seaton 09:20:45 01/07/05 (4)
- The link you posted looks to be a fake - tetsuo 12:12:30 01/07/05 (3)
- Worked for me. Try again. nt - Jack Seaton 18:20:30 01/07/05 (0)
- Works fine for me. (nt) - subcoolman 12:32:01 01/07/05 (0)
- The other links, with the exception of the Home Page,... - Neil49 12:18:24 01/07/05 (0)
- Where have you been? - Jack Seaton 09:06:44 01/07/05 (8)
- Learning the law - Bayside Bomber 09:29:09 01/07/05 (7)
- It isn't about the logo - Dave Kingsland 10:25:46 01/07/05 (0)
- Licensee shall assign each such registration to Licensor - tonemaniac 09:41:30 01/07/05 (0)
- Yawn. Monster as a word is as old as children's bedtime stories. - Jack Seaton 09:35:51 01/07/05 (4)
- Re: Yawn. Monster as a word is as old as children's bedtime stories. - Bayside Bomber 09:39:51 01/07/05 (3)
- Re: Yawn. Monster as a word is as old as children's bedtime stories. - chris.redmond2@bushinternet.com 08:17:27 01/08/05 (1)
- Well said Chris. - Jack Seaton 09:30:05 01/08/05 (0)
- But they are. - Jack Seaton 18:27:22 01/07/05 (0)
- First comment: I appreciate your taking the time to make a statement. - bwkendall 08:27:43 01/07/05 (0)
- Prove it : Here's how - Scott n Vegas 08:23:43 01/07/05 (1)
- Re: Prove it : Here's how - tommy2000 09:09:37 01/07/05 (0)
- Nice try Mr. Lee...but no sale... - Kico 07:52:10 01/07/05 (0)
- If it walks like a Duck, Talks Like a Duck it probably is a...... - braillediver 07:51:36 01/07/05 (0)
- If you need an explanation that's so long....... - Ian Mackenzie 07:41:08 01/07/05 (0)
- Way too many unrelated trademarks! - Gregg 07:38:44 01/07/05 (2)
- I knew of a man who lost the right to affix his signature to his products - DAT 09:08:00 01/07/05 (1)
- I saved an empty bottle of 'Flying Fortress' for the label... - AdamC 10:59:01 01/07/05 (0)
- Contradicted by the companies you've gone after ..nt - ThomasW 07:34:09 01/07/05 (0)
- Reminds me of "The Wizard of Oz" - subcoolman 07:32:32 01/07/05 (1)
- please explain to us how your licensing operation works - tonemaniac 06:51:34 01/07/05 (0)
- Question for Mr Lee ............ - Blue Bull 05:36:09 01/07/05 (0)
- Maybe someone from 60 Minutes should investigate the whole situation? - Jack Seaton 05:33:46 01/07/05 (0)
- My first and final 2 cents... - Crazy Uncle Mike 05:27:32 01/07/05 (0)
- Re: I dunno sir - Aroc 04:53:30 01/07/05 (0)
- Re: Monster Wrongfully Accused - A Note From Noel - rosconey 03:56:52 01/07/05 (1)
- "Sounds like buffalo chips to me". Smells like it, too. - Jack Seaton 05:53:07 01/07/05 (0)
- Red Faced ...Shame on Me - Julien43 03:33:36 01/07/05 (5)
- Thanks for speaking up.. - 11Sense 11:49:03 01/08/05 (1)
- Ohm's Law? - Neil49 12:04:53 01/08/05 (0)
- With all due respect...... - pburant 13:38:31 01/07/05 (0)
- What makes you so sure that you were wrong ? - tonemaniac 07:41:33 01/07/05 (0)
- So is the protest at CES called off? I love a good protest. - oldcrow 05:04:08 01/07/05 (0)