Can We Send A Moron In A Hurry With A Mini Golf Club Over To Monster Cable?
from the monster-monster-monster-monster-monster dept
The company Monster Cable has a rather infamous reputation for way too aggressively trying to enforce its trademark on the word "monster." It's sued or threatened just about everyone, including the TV show Monster Garage, a clothing store called MonsterVintage, Disney for the movie Monsters, Inc., the makers of Monster Energy drink, the Chicago Bears for having the nickname "Monsters of the Midway," and the Boston Red Sox for offering "Monster seats" on top of their famous "Green Monster" wall. The latest, sent in by reader Ben S., is that the target is now Monster Mini Golf in California.
Now, because this always comes up in the comments on posts like this, let's address the key point that people always bring up, claiming that Monster "has to" enforce its trademark or face the mark becoming generic (like aspirin, kleenex or band-aids). That's not quite true. It is true that you have to enforce the mark -- but only in cases where it's likely to confuse people or dilute your mark in the area it's designed for. A trademark does not give you total control over the word. It is not designed as a "property right" but really as a consumer protection statute, to prevent people from getting confused and believing that one company or product is sponsoring another. That's why we have the lovely "moron in a hurry" test. If a moron in a hurry wouldn't be confused, then there's no violation. And I have a hard time believing that any moron (even one in a hurry) would see a mini-golf course and assume that it's associated with the company that makes ridiculously expensive tv cables.
Reader Comments (rss)
(Flattened / Threaded)
Universal should sue by John Duncan Yoyo on May 16th, 2008 @ 7:16pm
Given the Universal classic Movie Monsters predate the Monster cable cabal by quite a few years they should sue the wiry interlopers.
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by Jake on May 16th, 2008 @ 7:20pm
It occurs to me that anyone who willingly pays extra for the brand name on their frigging SCART lead is pretty much guaranteed to be dumb enough to make that mistake.
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by Anonymous Poster on May 16th, 2008 @ 7:28pm
As if they weren't a shitty enough company for overpricing their cables as much as they do...
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Re: by Anonymous Coward on May 16th, 2008 @ 7:31pm
haha so true
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Let it go to court by Anonymous Coward on May 16th, 2008 @ 7:51pm
And get that one fellow who "rather misses" litigation as your lawyer.
I still have his response to Monster saved on my computer. Classic!
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by Chunky Vomit on May 16th, 2008 @ 7:59pm
Maybe it depends on if that moron in a hurry is a lawyer who stands to make millions on winning a case?
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Don't forget Monster.com by Jeffry Houser on May 16th, 2008 @ 8:02pm
Don't forget about Monster.com the technical recruiting site, which in it's footer has a link to "monster cable".
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by wasnt me on May 16th, 2008 @ 8:03pm
how about monster.com the recruitment site? (http://www.monster.com/geo/siteselection.asp)
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by Moron in a hurry on May 16th, 2008 @ 8:04pm
Hey, I have a trademark on that name !
See you in court.
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oxygen free by buckminster futt on May 16th, 2008 @ 8:30pm
I heard they use oxygen free copper in their really expensive cable. Maybe they hired oxygen free lawyers who are now brain damaged. could this explain their irrational behavior?
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by Anonymous Coward on May 16th, 2008 @ 8:58pm
Times must be rough for monster cable profits.
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Perhaps Moster... by Rob on May 16th, 2008 @ 9:32pm
... should worry more about making a cable with distinguishable audio quality vs. a coat hanger, and less about a word they didn't invent, weren't the first to use, and won't be the last to claim.
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So can I by jeffrey on May 16th, 2008 @ 9:33pm
So can I sue MGM for defamation of character after the movie jeffrey http://www.imdb.com/title/tt0113464/
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by nate on May 16th, 2008 @ 9:51pm
How about Comcast or Cox CABLE suing Monster CABLE for name infringement? What a horrible company. And if you know anything about electronics, their cables do NOT produce the results that they claim. http://www.custompcmax.com
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by Vincent Clement on May 16th, 2008 @ 10:06pm
How does Monster Cable stay in business? Seriously, who overpays for their overrated cables, power supplies and etc?
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Wait! by Elohssa on May 16th, 2008 @ 10:09pm
Doesn't Jack in the Box have a Monster Taco?
Oh.
Sorry, Jack.
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by Anonymous Coward on May 17th, 2008 @ 12:40am
Except actually reading the article, it is not the cables that they seek to avoid confusion with. Apparently, the Cable company has tried to trademark every variation of the use of "monster" including a park. It is the similarity to "monster park" which they are claiming the confusion with.
Now the question needs to be, does Monster Cable just trademark names with the work "monster" in it, or do they actually USE these trademarked names. Is there really a physical monster park?
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well, just maybe... by cephyn on May 17th, 2008 @ 12:45am
In a world where corporate sponsorship is becoming increasingly common, a moron in a hurry might believe the mini golf park was sponsored by monster cables, and if he had a bad experience there, he might choose not to buy them. remember, he's a moron. if he went to at&t park and the giants lose, he might swear off phones too.
the lines are getting blurred.
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by Lucretious on May 17th, 2008 @ 2:17am
enjoying my perfect working $10 component cable on my 360 thank you very much.....
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Why would Monster Cable need a moron to hurry over? by Non-golfer on May 17th, 2008 @ 3:59am
Seems to me they already have a surplus of morons there, whether with or without golf clubs I dunno...
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Some kind of monster by Rikard on May 17th, 2008 @ 5:53am
I'm in a hurry and don't really have the time to comment, but shouldn't they team up with Metallica?
They could share the "monter" epithet, and team up suing everybody.
Gotta rush on to the Morons' convent now...
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Obligitory Monster Definition by Joe on May 17th, 2008 @ 5:54am
From Wikipedia:
MONSTER-
A person referred to as a monster is taken as exceptionally evil, grotesque, unreasonably strict and uncaring, sociopathic, and/or sadistic. The word monster connotes something wrong/evil; e.g.: a monstruous being is: very morally objectionable, physically or psychologically hideous, or a biological sport (a distinct sense of the word), i.e a freak of nature.
...Sounds like Monster Cable to me!
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boo on monster cable by jon on May 17th, 2008 @ 6:56am
this is so rediculous. i didnt know these people at monster were such morons. i wont be buying their products ever again, im not going to support a company that acts this retarded.
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Perfectly rational by Quantum John on May 17th, 2008 @ 7:24am
Advertising is expensive. Since you usually don't have to pay punitive damages for suing someone as long as you have a remotely justifiable legal premise, suing someone is cheap. The more absurd your suit, the more attention it gets. Hence, you can build your name recognition at a much lower cost by getting a trademark and suing for the most tenuous supposed infringements. Much less expensive than advertising, and it supports the poor legal industry, which suffers from already-too-many-lawyers-and-increasing-every-day syndrome.
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everyone is sue happy by smart enough to not buy monster cables on May 17th, 2008 @ 7:39am
If monster cable is hurting bad enough to sue (which in my opinion hurts their reputation more than helps it) maybe they should raise their prices.
Or maybe just maybe lower them enough so more people will buy their cable and they can make up for the lower price in higher volume.
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by Overcast on May 17th, 2008 @ 8:38am
They should sue the copyright holders of old 'Monster' movies too.
Pathetic - I'll keep this in mind when I buy cables. They are more hype than anything. Component video - using cheap cables - works just as well as my HDMI connection on my TV - if not better.
Actually the HDMI got some 'stutters' in the sound - the component audio/video does not. And the 5 dollar cables work perfectly.
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confused - at first by Chipsg on May 17th, 2008 @ 9:47am
I read the headline and I could not believe what I read. Then I started reading the threads and still could not believe it. To me, the headline read as follows,"Can we send a mormon in a hurry with a mini.....". Why would you single out mormons and what the hell do they have to do with monster cables????
Finally I realized it read "moron" and not "mormon". I guess I must belong to the first group.
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Thanks by Mike on May 17th, 2008 @ 9:52am
I honestly was not aware of ALL of these actions by the company, I'm comfortable with NEVER buying Monster cables again. This crap needs to stop, and wont' stop until we hit them where it hurts, the pocket book.
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comment on artical by ira Levine on May 17th, 2008 @ 11:25am
A quick check with the USPTO's trademark data base indicates that there are 2228, registrations and applications with the term MONSTER. That should keep a hurried lawyer busy.
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Oh My God! by MLS on May 17th, 2008 @ 12:50pm
Mr. Masnick,
We agree.
While I am sure that many other practitioners would disagree, trademark law is all about "customer confusion", quite unlike the underlying bases for patent and copyright law. Trademarks, like trade secrets, do not fit in some nice cubbyhole entitled "property".
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Moron in a hurry by Economist on May 17th, 2008 @ 1:23pm
Does that describe their customers?
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Did they patent the word Monster? by Nicholas Iler on May 17th, 2008 @ 1:39pm
They seem a bit ridiculous for chasing every use of the word "Monster" in marketing. I could understand if the use where "Monster Cable Rides" or "Monster Cable Garage" or even "MonsterVintage Cables."
The word is used to show strength of something. You would see Monster Rides as being a whole lot more fun than Bug Rides or Small Rides. Monster cables use the word Monster show their cables are great. I wonder if they where named Great Cables would they sue everyone that used Great in there names.
They ought to focus on making quality cables and get real. Monster is a generic word and we should be free to use it in any context we see fit as long as it does not clearly sound as if it where related to an existing competing company. It is clear that "Monster Cables" and "Monster Mini Golf in California" are not related.
I imagine the Board of Directors (BOD) have little on their plates and this may be a perfect example of table politics that go on in corporations with BODs. Most are not experienced in broad fields. Likely to be specialist in one or another. Possibly accounting degrees and psychology. Not economy and logic necessarily.
Another idea is they may just be morons !-)
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by Lucretious on May 17th, 2008 @ 2:20pm
Legal Profession = Maggot Colony
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Blue Jean Cables Are Better by Mikhail on May 17th, 2008 @ 2:46pm
http://www.bluejeanscable.com/ I believe is being sued by them as well.
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Compensation by uh huh on May 17th, 2008 @ 2:48pm
As a electronics tech who has worked as a A/V installer I always thought Monster Cables were for persons who were trying to "compensate for something." After reading this article it would appear the owners of the company are also.
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by Anonymous Coward on May 17th, 2008 @ 3:53pm
I wonder how long before they will attempt to sue all games which have monsters in them? I mean the word "monster" IS in the word "monsters" and there many many games with the name monster in their title.
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by Adam on May 17th, 2008 @ 4:28pm
This is so moronic its actually kinda sad really.
And we don't need to worry about the "moron in a hurry" test they all appear to work for Monster Cable.
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I Just called Monster Cable's Customer Service... by Johnny on May 17th, 2008 @ 6:35pm
I Just called Monster Cable's Customer Service... and asked if I get a free Hot Dog if I one-putt the 18th Hole. The lady didn't understand, so I then asked how much it costs to have my birthday party there, and if it be OK if I snuck in some beers.
They were not amuzered.
Monster Cable's Customer Service: 877 800-8989
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Sue our kids too? by Stuey on May 17th, 2008 @ 8:50pm
Now they need to sue our kids for claiming there are monsters in their closets at night.
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by Anonymous Coward on May 17th, 2008 @ 11:39pm
what a "monster" farce
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Re: Let it go to court by Tack Furlo on May 17th, 2008 @ 11:50pm
I actually bought a $19 DVI cable from him (his company is called Blue Jean Cable) solely in an effort to support his fight against Monster Cable. I needed another DVI cable kinda like I need an additional hole in my head but as luck would have it one of my coworkers has a G4 MacBook Pro and his screen has now developed over 80 vertical lines of dead pixels (and counting) so he went and bought a cheap ($149 I think) LCD monitor from Target that was on closeout. The reason? It had no power or VGA/DVI cable, so now he has a cable for it.
As the saying goes, the Lord works in mysterious ways. I suppose if I was religious I would've affirmed my faith but for now I'll just have to settle for "net gain of Karma" I suppose.
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Monster Ripoff... by Anonymous Coward on May 17th, 2008 @ 11:51pm
I was attempting to find a decent deal on an digital audio optical cable today, went to Target... Sony 12' cable $19.99; Went to BestBuy... Monster 12' cable $79.99 WTF?!?!
Went home, Amazon 12' digital optical cable... $4.99.
Its nothing but freaking plastic, it doesn't need to be shielded, it doesn't need gold connectors (or any metal of any kind for that matter...) How the FCUK can you justify charging $79.99 for a FCUKing plastic cord?!?!
If we send anyone to Monster with a mini-golf club they should be sent there to KICK SOME ASS and express my sense of moral outrage!
/rant
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We are trying to sue them for years........ by Monsters on May 18th, 2008 @ 9:51am
This company took our name without paying royalty. They have also demonized us. We are trying to lodge a case against them without any success. Apparently you need to be a human to lodge a case in US courts.
Can any of you humans sympathetic to us monsters help us???
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We'll Always Have Morons... by freakengine on May 18th, 2008 @ 10:11am
...who think that price indicates quality. Monster must have used Apple as a pricing structure model. There is a retail price sweet spot for most tech goods where the price point reassures the consumer about the quality and doesn't make him/her feel ripped off. Monster has steadily been pushing their prices up for years and the consumers have yet to cry foul by not buying! What is wrong with people?! Hell, at their current prices, Monster only has to sell a tenth of the quantities they once sold in order to make the same profits!
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by Old butthurt lawyers on May 18th, 2008 @ 1:56pm
We'll sue for anything, infringement or not!
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by Tokyo LIzard on May 18th, 2008 @ 2:44pm
We here at Godzilla Wiring have decided to take a walk over to the Monster Corporate Offices. We notice that there are a few buildings in the way en route, but they shouldn't be much trouble to get through!
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Re: by Anonymous Coward on May 18th, 2008 @ 5:09pm
HDMI Monster cable 3 foot $50 12 foot hdmi cable from Big Lots $12 guess where I buy my cables.
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Re: by Anonymous Coward on May 18th, 2008 @ 6:48pm
Monster simply should not be trademarkable
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Re: We'll Always Have Morons... by Anonymous Coward on May 18th, 2008 @ 6:53pm
Hey! Apple products ARE quality, and if you factor in the cost of the productivity suite vrs buying the equivalent programs for. And I've experenced more quality using Tiger then XP... though Lepord just sucks as much as Vista
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Monstershit by Dustin Moore on May 18th, 2008 @ 7:59pm
Aside from being overpriced, when I was in the home theater business I had to deal with constantly replacing their shitty cables due to bad solder connections on the ends of the cables. Hence MonsterShit. Maybe I should trademark that and see if they want to sue.
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It's Pretty Funny by Spike on May 18th, 2008 @ 10:08pm
See, they pay to have the local football stadium to be known as Monster Park (although many of us still call it Candlestick), but most of the people I have talked to that don't go to games think it's named for monster.com. There must be some ultimate irony in that.
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Re: by fuse5k on May 19th, 2008 @ 4:40am
people with more money than sense, who beleive the lies of the kid in the electronics store.
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Monster Cable by Killer_Tofu on May 19th, 2008 @ 5:38am
Monster Cable ftl.
And also, Band-aid was once a specific products name? I thought it has always been the generic term, forever, not that it originated from a single company, like aspirin. Doh!
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In defence of Monster by Carl on May 19th, 2008 @ 7:28am
I strongly object to the description of Monster as "the company that makes ridiculously expensive tv cables".
They also make computer cables.
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Mah... by Nitro on May 19th, 2008 @ 7:56am
I am surprised they are still around anyway. They sell products at twice the price of other companies that have the same quality product. Some times the price hike is even more. They take advantage of the ignorance of their client base. It's disgusting.
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by bored on May 19th, 2008 @ 11:41am
Monstercable = AssHats
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Monster so good at being bad by Anonymous Coward on May 20th, 2008 @ 9:14am
I absolutely hate Monster Cable for their pricing / quality ratio and the amount of fear and BS they spread regarding the capability of cables. I won't touch any of their products and advise others, every chance I get, to not purchase.
On the other hand, I recognize them for their dogged persistence. They are BS slinging asshats who profit from distortion, but they are so GOOD at slinging the BS and they've achieved and sustained such market penetration... you gotta sort of admire somebody who's so good at being bad!
There's an old saying: "You can't trust to be wrong all the time". Well, in Monster's case, you can trust; they will ALWAYS be the wrong choice. In that way, they make it easier to shop in a big store with lots of choices; just ignore all the Monster stuff and decide between the rest!
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by Steve on May 27th, 2008 @ 1:04am
When does their copywrite of the name end? I want to get and let everyone use the "WORD" Monster.
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Monster by JS on May 29th, 2008 @ 9:01am
Hey SPIKE - thanks for pointing out the misnomer...I thought the Stick's thinly veiled renaming to Monster Park was the effort of Monster.com as well...shows you who's got better name recognition - trademarked or not!
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Me Too! by Jo Wilcox on Jun 1st, 2008 @ 4:19am
These suckers (with an F) are trying to do me over too! I am just a really cool mum making baby clothing in Australia. Never even heard of Monster Cable here. Want to fight but need a lawyerbotomy to understand the legalities, anyone know a good lawyer
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