Monster Fight: Can You Tell An Energy Drink From An Aquarium?

from the tastes-like-bulls**t-to-me dept

Can you guess which brand is throwing its trademark power around with reckless disregard for common sense or possible confusion? That's right. Monster. Only in this case it's Monster Energy Drinks, whose legal team had apparently gone dormant after a streak of losses, rather than Monster Cable, whose legal team felt the average consumer couldn't tell the difference between an overpriced cable and a deer salt lick.

The Consumerist brings us the news that Monster (the Energy Drink) is looking to add to its streak of windmills tilted at, this time going after the Monster Aquaria Network, under the belief that somehow innocent people looking for a pick-me-up beverage are ending up with extremely large fish tanks instead.

Further details of the cease and desist order can be found at the site set up by the Monster Aquaria Network to apprise its fans and customers of the situation. In addition to insisting that the Aquaria Network immediately cease usage of the word "Monster" and the letter "M," Monster Energy Drinks apparently feels it has staked a claim to certain colors:
Monster Energy sent a series of demands including, but not limited to, abandoning the trademark applications for the MonsterFishKeepers "M" symbol marks as well as ceasing to use those marks in connection with apparel & accessories, refraining from using or applying for any marks containing the word "Monster" or the letter "M," refraining from using the colors black & green on any MonsterFishKeepers.com or Monster Aquaria Network Websites or in connection with apparel & accessories, and pay Monster Energy Corporation its attorneys' fees in connection with this matter.
Despite having used its stylized devil's-horns-and-tail "M" since 2005 and having registered this mark in 2007, Monster Energy still believes that it owns any iteration of "Monster" or the letter "M" in relation to... well, pretty much anything, I imagine. At least when it went after Vermonster Beer, it was in the same neighborhood (i.e. drinkable beverages). Of course, Monster was shamed into calling off its legal dogs after a bout of bad publicity and MonsterFishKeepers is obviously hoping the same happens here. If not, things don't look good AT ALL for MonsterFishKeepers, considering the legal system is routinely gamed by aggressive companies who know they can simply run their opponents out of money.
We strongly believe that the law is on MonsterFishKeepers.com's side, but MonsterFishKeepers.com will not be able to fund the legal proceedings that would be needed to resolve this dispute with Monster Energy. Unfortunately for MonsterFishKeepers.com, Monster Energy can file an unlimited number of appeals even if MonsterFishKeepers.com wins the first round of the case; in the end, Monster Energy would certainly outlast MonsterFishKeepers.com in the legal proceedings after MonsterFishKeepers.com runs out of money since there is no way that such a small company could compete with such a large company in terms of legal fees.
MonsterFishKeepers hope to expedite this public shaming via a petition at change.org, in addition to providing contact information for Monster Energy Drinks at its website. Hopefully, this will result in a speedy retraction of the cease and desist, as there is no way Monster Energy sincerely believes MonsterFishKeepers is diverting morons in a hurry. This is simply a bully wandering the internet playground picking fights and shaking down smaller kids for lunch money.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    droozilla (profile), Jul 31st, 2012 @ 3:17am

    People actually drink this crap still? All of these energy drinks are terrible.

     

    reply to this | link to this | view in thread ]

  2.  
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    Zakida Paul (profile), Jul 31st, 2012 @ 3:20am

    I can't tell an energy drink from pish.

     

    reply to this | link to this | view in thread ]

  3.  
    icon
    Alana (profile), Jul 31st, 2012 @ 3:22am

    Re:

    I used to think the same, though I find Monster surprisingly nice.

     

    reply to this | link to this | view in thread ]

  4.  
    icon
    Schmorgluck (profile), Jul 31st, 2012 @ 3:26am

    American Rule

    Again, a demonstration that getting rid of the American Rule would bring a bit more sanity in the USA's litigation system. Not that it would directly help MonsterFishKeeper in this case, but it would somewhat deter patent trolls and (like in this case) brand hegemonists.

     

    reply to this | link to this | view in thread ]

  5.  
    icon
    Ninja (profile), Jul 31st, 2012 @ 3:43am

    1. Publish this in Reddit.
    2. Watch LOICs being loaded.
    3. ???
    4. Profit.

    Can't they think of the children? Erm, I mean fishes?

     

    reply to this | link to this | view in thread ]

  6.  
    icon
    Ninja (profile), Jul 31st, 2012 @ 3:44am

    Re: Re:

    So this is one more reason for you to revert to your old thinking and boycott them ;)

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 3:49am

    Rip It is better.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 3:54am

    I wonder how Monster would like being sued by Amy Winehouse's relatives for making a drink called Rehab.

     

    reply to this | link to this | view in thread ]

  9.  
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    Marak (profile), Jul 31st, 2012 @ 4:01am

    And todays story is brought to you by the letter m.... wait.... (mumble in background... "what? really")... err todays story is now brought to you by the letter n!

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 4:11am

    Re:

    I'm a big fan of energy drinks. Some of the better-tasting brands include Rip It, NOS, and Amp.
    Although I drink a lot of energy drinks and have tried a wide variety, I've never bought Red Bull. I've always thought Red Bull is way overpriced.
    And I do drink Monster on occasion. Khaos is my favorite of the Monster line.

     

    reply to this | link to this | view in thread ]

  11.  
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    JeroenW (profile), Jul 31st, 2012 @ 4:19am

    Ah, was wondering if you guys would pick up my story submission. Nice to see that you did.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 4:19am

    Actually, just last week I went to buy a 50 gallon fish tank on eBay and ended up with 50 gallons of some nasty energy drink. Weird.

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Can't remember my login, Jul 31st, 2012 @ 4:38am

    Or email address used...

    Isn't Motorola's logo an M? wouldn't that mean that it is already diluted if two companies are using an M logo?

     

    reply to this | link to this | view in thread ]

  14.  
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    ebilrawkscientist (profile), Jul 31st, 2012 @ 4:49am

    Monsters? Dirty filthy MONSTERS!

    What next they going after Monsters Inc. ?
    What about that other interewebs place Monster.com, a job finders outfit eh?

    I can understand "Monster Energy" as a concept a copyright a trademark but that doesn't give them the be all owner of every single fricken "monster" handle on the planet, much less a single "M" letter. Dis just nutso.

     

    reply to this | link to this | view in thread ]

  15.  
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    Greg G (profile), Jul 31st, 2012 @ 5:03am

    Mmmm

    Meanwhile, back in the law offices of Monster Energy, the lawyers are wondering who else they can go after for using the letter M:

    M&M Mars. Because candy is energy.
    Campbell's: Mmm Mmm Good. Because soup is energy.
    3M: Because triple the litigation is energy.
    Metlife: Because Snoopy rules, and Peanuts are energy

     

    reply to this | link to this | view in thread ]

  16.  
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    Schmorgluck (profile), Jul 31st, 2012 @ 5:25am

    Re: Mmmm

    McDonald's: because, huuh...

     

    reply to this | link to this | view in thread ]

  17.  
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    Schmorgluck (profile), Jul 31st, 2012 @ 5:28am

    Come to think of it...
    "Monster Fight: Can You Tell An Energy Drink From An Aquarium?"
    No.

     

    reply to this | link to this | view in thread ]

  18.  
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    Cory of PC (profile), Jul 31st, 2012 @ 5:36am

    So... what is the difference between an energy drink and a 7-foot tall hairy being carrying a club that has rusty nails sticking out?

     

    reply to this | link to this | view in thread ]

  19.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 5:49am

    Re: Re: Mmmm

    McDonald's sells coffee which is the original energy drink. I think McDonald's has a case here...

     

    reply to this | link to this | view in thread ]

  20.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 6:09am

    Tried to sign the petition but they wanted too much personal information. My address is none of their business. I really felt like I was signing up to be harassed. That's too bad. Because I would have signed it. Name and email address is enough for an online petition.

     

    reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 6:09am

    Re:

    One will kill you.

    The other has a club.

     

    reply to this | link to this | view in thread ]

  22.  
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    aethercowboy (profile), Jul 31st, 2012 @ 6:11am

    So, what next, they're gonna sue Sesame Street?

     

    reply to this | link to this | view in thread ]

  23.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 6:38am

    Monster Energy are bullies, plain and simple. Over reaching and ridiculous. Where's the fight against Monster.com jobs site and Monster Cables? Oh, they can't bulldoze over them so instead they'll eliminate the little guy that has nothing to do with them. Makes me sick.

    I can personally vote with my wallet. I will NOT buy any more Monster Java drinks from this day forward and will certainly inform others given the opportunity.

     

    reply to this | link to this | view in thread ]

  24.  
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    Mr Big Fish (profile), Jul 31st, 2012 @ 7:05am

    Monster Energy makes a Monstrous mistake

    Monster Energy are corporate bullies. To pick on a non profit for the media attention is just stupid. It makes them look like the mean heartless bastards they are. They have just become the target of a world wide boycott of their products by fish hobbists.

     

    reply to this | link to this | view in thread ]

  25.  
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    PGP_Protector (profile), Jul 31st, 2012 @ 7:53am

    Taste Test

    Reading the title, I thought it was going to be about a taste test (and no one being able to tell the difference)

     

    reply to this | link to this | view in thread ]

  26.  
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    art guerrilla (profile), Jul 31st, 2012 @ 8:02am

    Re: Re:

    1. in case you don't know it, caffeine has a lower LD50 than cocaine... just sayin'...
    2. the dose/response effect kicks in with caffeine too: you end up taking more and more caffeine just to maintain a 'normal' level of alertness; you no longer get 'jacked up' on it, it just doesn't work as well when you take it regularly...
    3. get some fucking sleep, instead of artificially propping your poor body up... sleep is IMPORTANT to keep the meat machine running well...
    art guerrilla
    aka ann archy
    eof

     

    reply to this | link to this | view in thread ]

  27.  
    identicon
    DOlz, Jul 31st, 2012 @ 9:19am

    A possible solution

    Since companies and/or people can grind down their opponent in the legal system how about this; if you appeal the first decision and lose again you have to pay the winners legal fees and all cost related to to your suit. You also have to pay these BEFORE you can file another appeal and if you lose that appeal rise and repeat. This would prevent large companies from being able to use their resources to destroy smaller companies and individuals with the legal system.

     

    reply to this | link to this | view in thread ]

  28.  
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    Franklin G Ryzzo (profile), Jul 31st, 2012 @ 9:29am

    I'm not too big on energy drinks, but aside from the occasional 5 hour energy, Monster was the one drink that I kinda liked. It's quite sad that they would resort to such obvious bullying just so their lawyers can get some additional billable hours. I won't be purchasing their product again until they drop these actions and apologize. Petition signed.

     

    reply to this | link to this | view in thread ]

  29.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 1:37pm

    Re: American Rule

    Getting rid of America is what is needed.

     

    reply to this | link to this | view in thread ]

  30.  
    icon
    Schmorgluck (profile), Jul 31st, 2012 @ 1:57pm

    Re: A possible solution

    See my first post in this discussion: this isn't possible because the USA's litigation laws are plain and simply INSANE. There has been proposals to institute a "loser pays" system, but they tend to be one-sided, with only a losing defendant refunding the fees to the plaintiff, not the other way around.

    For more info about how sane systems work, se there.

     

    reply to this | link to this | view in thread ]

  31.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 2:33pm

    Re: Monsters? Dirty filthy MONSTERS!

    They all ready tried going after both of those . In the up side i gave up a 3-4 can a day habit due to this :)

     

    reply to this | link to this | view in thread ]

  32.  
    identicon
    TDR, Jul 31st, 2012 @ 2:40pm

    What really needs to happen is for Monster Energy Drinks and Monster Cable to go after each other. If we're lucky, they'll both sue each other into oblivion and leave the rest of us in peace.

     

    reply to this | link to this | view in thread ]

  33.  
    identicon
    Anonymous Coward, Jul 31st, 2012 @ 5:16pm

    Re: Re: American Rule

    AMEN!

     

    reply to this | link to this | view in thread ]


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