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Monster Cable vs Blue Jeans Cable: "lawyer fight!"

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Monster Cable vs Blue Jeans Cable: "lawyer fight!"

Old 04-21-08, 11:10 AM
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Monster Cable vs Blue Jeans Cable: "lawyer fight!"

First Monster Cable issues 'cease and desist' to Blue Jeans Cable:

Monster Cable has issued a Cease-and-Desist order to Blue Jeans Cable (Tartan Cable) over analogue cable connectors. In particular, the design of the Tartan component, composite, coax digital and stereo audio cables supposedly violates Monster Cable's design patents. From the letter:

It appears that the design of the connector portion of the Tartan Cable component video, composite video, stereo audio cable, and coaxial digital cable infringes a variety of our client's design patents, including patent nos. D456,363, D366,863, D367,036, D376,580, and D366,862 (see Exhibits A-E enclosed herewith), along with our client's related trademark registration nos. 2,060,139 and 3,075,541, (see enclosed Exhibits F and G) and trade dress rights. Furthermore, the connector housing design of the Tartan Cable S-Video cable appears that it too may infringe the aforementioned '363 design patent.

Monster Cable is insisting that Blue Jeans Cable immediately cease and desist all sales, offerings, advertising, distribution, manufacture use and importing of the aforementioned cables. In addition, Monster is insisting a RECALL of such products and a full accounting of all units sold including profits made form the sales.

Monster is expecting an answer by the 11th of April.
The owner of Blue Jeans Cable used to be a lawyer and didn't take too kindly to Monster's request, you can read his very long response here: http://www.audioholics.com/news/indu...s-strikes-back

Love it when the little guy can throw everything back in the face of the big guy.
Old 04-21-08, 11:16 AM
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The best parts of the response:

Indeed, the less my customers think my products resemble Monster's, in form or in function, the better.

Not only am I unintimidated by litigation; I sometimes rather miss it.
I would not fuck with Kurt Denke.
Old 04-21-08, 11:42 AM
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*Obligatory Monoprice cable reference*
Old 04-21-08, 11:44 AM
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Read this a few weeks ago. Kurt kicks the living shit out of Monster. This is an utter embarrassment for both Monster and their lawyers.
Old 04-21-08, 11:57 AM
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In his response, how many times did Kurt make the same 3 (or so) arguments over and over? It seemed the whole second half of his diatribe was rehashing points from the first half.

That said, he does make Monster's legal team look like a bunch of complete amateurs.
Old 04-21-08, 12:02 PM
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Originally Posted by mbs
That said, he does make Monster's legal team look like a bunch of complete amateurs.
Monster, like many big companies, prefer to use their piggy banks to fight. They know that most smaller companies can't afford to fight them, so they bully people around with their lawyers, even on flimsy legal grounds. Frequently, it works.
Old 04-21-08, 12:07 PM
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That is awesome.
Old 04-21-08, 02:12 PM
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My favorite part:
Further, if any of these patents or trademarks has been licensed to any entity, please provide me with copies of the licensing agreements. I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions.
Old 04-21-08, 05:25 PM
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Didn't Monster also try to sue Disney over the Monster's Inc. movie? Or was that just an urban legend?
Old 04-21-08, 05:32 PM
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Originally Posted by fujishig
Didn't Monster also try to sue Disney over the Monster's Inc. movie? Or was that just an urban legend?
http://www.sfgate.com/cgi-bin/articl...&type=business

According to the U.S. Patent and Trademark Office and court records, Monster Cable has gone after other notable monsters:
-- Walt Disney Co., which distributed Pixar Animation Studios' hit film "Monsters, Inc.''
-- Bally Gaming International Inc. for its Monster Slots.
-- Hansen Beverage Co. for a Monster Energy drink.
-- The Chicago Bears, whose nickname is "Monsters of the Midway.''

Also in the article - Tognotti (Monster Atty) is preparing for a trial against the Discovery Channel over the popular TV series "Monster Garage,'' which he claims uses images of "provocative women'' and an iron cross logo that could tarnish Monster Cable's image.

Idiots. Why anyone would choose to support this company is beyond me.
Old 04-21-08, 05:45 PM
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What about the movie Monster House? My parents freaked out after they saw that movie and ripped all the wiring out of their walls thinking their house would try to eat them.
Old 04-21-08, 06:06 PM
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What about Sesame street, with Cookie Monster, Harry Monster, etc.?
Old 04-21-08, 06:12 PM
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I'm on my way to the patent office to patent the word "Car" so that if anyone ever says the word car they have to pay me royalties, or I will sue them.
Old 04-21-08, 06:26 PM
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Well, shit! Now I have to be more discreet when whipping around my Monster manhood for fear that these jagoffs will try to sue me...
Old 04-21-08, 06:53 PM
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Let's face it, when you sell $2 cables for $79.95 you have a lot of money to waste on stuff like this.
Old 04-21-08, 07:21 PM
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Originally Posted by kvrdave
Let's face it, when you sell $2 cables for $79.95 you have a lot of money to waste on stuff like this.
Old 04-21-08, 07:42 PM
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This guy sounds like a loud-mouthed know-it-all who is also trying to rip customers off with high priced, esoteric cable. He's no better than the people at Monster.
Old 04-21-08, 07:45 PM
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Originally Posted by DieselsDen
This guy sounds like a loud-mouthed know-it-all who is also trying to rip customers off with high priced, esoteric cable. He's no better than the people at Monster.
You're kidding right? Have you seen his prices vs. Monster?

And know-it-all? What do you call someone who is right? A know-it-all? Humph.
Old 04-21-08, 07:48 PM
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Originally Posted by kvrdave
Let's face it, when you sell $2 cables for $79.95 you have a lot of money to waste on stuff like this.
Well played
Old 04-21-08, 08:05 PM
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Originally Posted by mbs
In his response, how many times did Kurt make the same 3 (or so) arguments over and over? It seemed the whole second half of his diatribe was rehashing points from the first half.
That's called Lawyering....they like to write and say shit over and over.

Monster and M$ are notorious for pulling this crap on smaller companies. I really hope they try and push this further. I read this awhile back and I remember laughing at his response....which is tough to do in a legal document.
Old 04-21-08, 09:06 PM
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Originally Posted by DieselsDen
This guy sounds like a loud-mouthed know-it-all who is also trying to rip customers off with high priced, esoteric cable. He's no better than the people at Monster.
Another satisfied Monster cable customer!
Old 04-21-08, 11:32 PM
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Originally Posted by Deftones
Another satisfied Monster cable customer!
I prefer MIT Cables, actually.
Old 04-21-08, 11:37 PM
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I don't actually put any stock into the idea that Monster could get hit by doing frivolous lawsuits, however. If you've sued over Monsters, Inc., the Chicago Cubs, etc. it is obvious that the bar to actually win over filing frivolous lawsuits is high enough to not bother having one.
Old 04-21-08, 11:46 PM
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Originally Posted by kvrdave
I don't actually put any stock into the idea that Monster could get hit by doing frivolous lawsuits, however. If you've sued over Monsters, Inc., the Chicago Cubs, etc. it is obvious that the bar to actually win over filing frivolous lawsuits is high enough to not bother having one.
Agreed. I don't even know how you would go about defining such. I mean I see lawsuits actually won that have no real merit. They get overturned on appeal, but the fact they won at all could be shown that they are not frivolous, regardless of how "clearly" they should not have.

Last edited by Sdallnct; 04-22-08 at 12:25 AM.
Old 04-22-08, 12:06 AM
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Originally Posted by bwvanh114
You're kidding right? Have you seen his prices vs. Monster?
i did a very quick search and it looks like they are pretty much the same price.

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