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.

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Companies: monster aquaria network, monster energy drink

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Comments on “Monster Fight: Can You Tell An Energy Drink From An Aquarium?”

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35 Comments
Anonymous Coward says:

Re: 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.

art guerrilla (profile) says:

Re: 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

ebilrawkscientist (profile) says:

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.

Anonymous Coward says:

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.

DOlz says:

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.

Schmorgluck (profile) says:

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.

Franklin G Ryzzo (profile) says:

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.

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