As you're probably aware, Monster Cable
is somewhat famous as a trademark bully -- at times going after completely unrelated businesses that use the word "monster" (such as a mini-golf course
, an automotive parts shop
and the manufacturer of deer salt blocks
) despite there being no chance for confusion. So it's interesting to see what happens when it's actually being accused of trademark infringement itself
. Unlike Monster's lawsuits, this one is from a company that's actually in the same space. Dolby is suing Monster for trademark infringement
and last week Monster failed in its attempt
to win the case via summary judgment, while Dolby partially won its summary judgment arguments. (Updated
to show the logos):
Incredibly, Monster, which continually attacks totally unrelated businesses where no moron in a hurry
consider there to be any confusion, is now forced to argue here that its own use wouldn't cause any confusion at all. However, the court isn't convinced, noting that the marks do, in fact, appear similar (and even Monster's own "expert" witness said as much):
Here, both marks consist of an icon of a pair of over-the-ear headphones surrounding an abstract geometrical shape. The proportionate size of the headphone icon compared to the center geometric shape is approximately the same for both marks. Both of the center geometric shapes have a similar dark, right-angle side nearest the headphones icon, with mirror-image, inward-facing,
semi-circular arcs opposite the right-angle side. Indeed, Monster's own witnesses concede that the marks have similar elements. The evidence indicates that Monster's mark sometimes appears in a certain configuration with the Monster name or in certain color combinations, but sometimes does not. In short, a reasonable jury could find, on the record before the Court, that this element favors likelihood of confusion.
And, while Dolby itself doesn't directly compete, it licenses its mark to those who do:
Headphones bearing the Dolby mark sell in the same price range and to the same market segments. Moreover, the Dolby mark may appear on a variety of different headphone styles, including styles similar to Monster's, since Dolby licenses its mark to different headphone manufacturers. This adds to the potential for source confusion, whatever the sophistication level of the buyers.
Oh, and there's even some evidence to suggest that, unlike those Monster accuses of trademark infringement, Monster itself may have purposely copied Dolby's mark:
Based upon the record before the Court here, a reasonable jury could find that Monster intentionally adopted a mark similar to the Dolby Headphone Mark, thus creating a triable issue. Monster was aware of the Dolby Headphone Mark at the time that it adopted its Monster Headphone Mark. It had, in fact, licensed and used the Dolby Headphone Mark on its own products. The record contains conflicting accounts about the creation of the Monster Headphone Mark. Dolby also offers evidence that Monster previously admitted using a different Dolby mark without permission, as well as evidence that Monster acknowledged the value of including the Dolby Headphone Mark and Dolby technology in marketing headphones to consumers. This and other circumstantial evidence would allow a reasonable jury to find in favor of Dolby on the intent to confuse factor
You would think that, for a company so incredibly (and ridiculously) aggressive in enforcing its own trademark, it would be a bit more careful in designing its own damn logos. Monster may eventually win the case, but initially it doesn't look to be going that well.