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In Reply to: Monster Wrongfully Accused - A Note From Noel posted by Monster Cable on January 6, 2005 at 23:55:20:
Snow Monsters mistakenly portrayed that our objection to their attempt to register trademarks was a lawsuit, which isn’t true.I don't recall their portraying your TTAB objection as anything more than a TTAB objection. But their stopthemonster.com website is currently not avaialable so there's no way to check at present.
We have not sued Snow Monsters.Nor do I recall their claiming you had.
They did say they feared that you would, based on the lawsuits you had filed in the past, and made their filing in an attempt to get a summary judgement to head off an infringement lawsuit on your part.
We would never try to harm a company whose focus is on ski education programs and products for children.Just what is it you are trying to do to a company when you demand that they turn over all rights and control of their trademark before any TTAB decision has been made?
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.You're right. You don't object or take action against businesses just because they sell products that have "Monster" in their name. You go well beyond that and object to businesses that sell products that have words that simply rhyme with "monster" such as "Songster."
And what are you doing when you go object to a business selling a model car called "Swamp Monster"? Or comic books with the character "Doctor Monster"? Or "Scooby Doo and the Monster of Mexico"?
When you object to businesses using the word "monster" even when it's literally about monsters, then you are demonstrably (pun intended) objecting to businesses just because they sell products that have "Monster" in their names.
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.But you're obviously not content to simply let the TTAB make that determination.
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.You obviously feel the need to protect it even when it's not in danger of being diluted, tarnished or infringed.
In the case of Snow Monsters, we have NEVER sued them, and we are not trying to harm their company.Excuse me?
You file a TTAB objection which as long as that is pending effectively places certain limitations on the company, then you stonewall their attempts at discovery in order to keep the process dragging on for as long as possible, meanwhile your lawyers are telling them they can "make it go away" if they sign over all rights and control of their trademark to Monster Cable and license it back for a fee and you say you're 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.WHAT!?
If their products are great and don't cause you any problems, and they're using the word "monster" for characters, not as a brand as Monster is, THEN WHY THE FUCK HAVE YOU FILED A TTAB OBJECTION AND WHY ARE YOU TRYING TO GET THEM TO HAND OVER ALL RIGHTS TO THEIR TRADEMARK OVER TO MONSTER CABLE SO YOU CAN LICENSE IT BACK TO THEM FOR A PRICE!?!?
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Follow Ups
- Re: Monster Wrongfully Accused - A Note From Noel - Steve Eddy 12:12:31 01/07/05 (0)
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