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Danged Silly Technicality

A Danged Silly Technicality that leaves Howie, agattu and me in agreement with each other.

That is why I tried so hard to take this bone-of-contention off the table.

If I were MC I wouldn't like the MV logo either. I attempted to remove the logo issue in a way that would make the MV logo more "vintage", and I was refusing any compensation or PR benefit. Only our two graphics guys knew what was going on, and they were told not to tell any other KK staff about it.

That said, the following points help fill out the context for me:

1 - I noticed in the court documents a Monster Cable logo that is similar, but not exact, to the one they are using now, has some design element differences. Seems that might be the one that MC has registered with the Trademark Office. If that is the current MC logo registered with the Trademark Office, then IMHO the MV logo is not as close as it would seem to be. Still close, but not as close.

2 - On the part of MV there seemed to be genuine lack of intent to rip-off anybody’s logo. The court documents show the art student as a witness.

3 - There didn’t seem to be any interest on the part of MC to *just* have the MV logo changed.

4 - Indeed one of the agreements proposed by MC seemed to leave MV free to use the original logo? N.B.(A hypothetical question) If MC didn’t want the logo changed . If MC wasn’t satisfied to see that MV had NO! business activities or products that were even close to MC’s. If MC was offered written solace that MV would never trade in similar services or products of MC. Then what! did MC *really* want?


5 - The most recent phone call by Dave Tognotti to MV seems to be flatout harassment. Monster Cable had the mechanism in place to settle ALL the issues, in the form of the lawsuit that MC filed. But MC withdrew the suit!?! There are “rules of engagement” regarding contacts between attorneys and the opposing party, I am wondering if the direct phone call of DT was appropriate or allowable.

6 - If DT *knew* that MV was days away from changing the logo, then why would he torpedo the change by calling and making Victor and Cathy dig in their heels.

Ray Kimber

P.S. Hang in there for a few days until I can get the MC v MV documents scanned and posted, this issue is covered.




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  • Danged Silly Technicality - Ray Kimber 07:25:16 02/13/05 (0)


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