Progressive Boink

[Just!n]

Hey dudes. I know I don't hold much influence over people, but this is sorta fucked up and I'm trying to bring it to the attention of as many people as possible.

Basically, there's this local brewery called Rock Art. They brew a DELICIOUS barley wine called "Vermonster." See, they're based out of the state of Vermont, and the beer is so strong (10% ABV) that it is monstrous to consume. THE PORTMANTEAU MAKES SENSE!

Anyway, the adult onset diabetes in a can company behind Monster is suing a small brewery comprised of eight employees for infringement because half of a portmanteau shares the name with gobs of neon heart attack. The name derived from a word used in English vernacular for centuries, mind you.

Even though Monster can't win, they can tie the case up in appeals until Rock Art run out of money, and this is fucked up. I know it might not matter, but there's a grassroots Internet campaign against this case and it would mean a lot if you could fire an email off to the Monster CEO @ nick.gagliardi@hansens.com.

The owner and founder of Rock Art can explain his case more eloquently than I'm able to. You can watch that here:
http://www.youtube.com/watch?v=kbG_woqXTeg

[AudeSapere]

Yeah, it's pretty seriously fucked up. One of my friends posted something on Face-a-book a few days ago, he follows this trademark-infringement stuff pretty religiously, and there's a great article from somebody who's been in this situation here. It's ridiculous that Monster even thinks there could be anything resembling market confusion in this case. They might as well sue the goddamn Cookie Monster for as much good as it'd do them.

[Andy]

I love the cut of this man's jib. Love it.

Apparantly Monster wants to start selling alcoholic varieties of drinks, which is why they did this, supposedly. I swear I think it's just for funsies.

[AudeSapere]

I still find it hard to believe that there would be litigation-worthy market competition between nationally-promoted and -recognized Monster Jack-Em-Up Alcoholic Energy Drink and what I assume is a relatively local microbrewed artisan beer called Vermonster.

[Andy]

where there's a dime there's a way

[DGMacphee]

I did my usual 5mins worth of research (Google, then Wikipedia) and aparently there's a brewery in Brooklyn (oddly enough, called the Brooklyn Brewery), which has been using the name Monster Ale since the 90s.

http://www.brooklynbrewery.com/

[Just!n]

Right. This lawsuit is totally arbitrary. If there were any precedent, Snapple and Apple wouldn't exist as two separate companies. Rock Art is just the first, easiest target.

[Just!n]

I'm actually kinda stoked that this is going down the way it is, because I don't think Monster understands how supportive Vermont is of its native businesses. They're gonna lose a ton of money within that state, more because of supportive businesses in bordering states like Massachusetts and New Hampshire and even MORE once this becomes a widespread story.

I mean, it isn't gonna affect their bottom line too much, but it might convince them to back off and not worry about trivial things like this.

[DGMacphee]

Right. This lawsuit is totally arbitrary. If there were any precedent, Snapple and Apple wouldn't exist as two separate companies. Rock Art is just the first, easiest target.

Yeah, it's only when two companies have nearly similar names that you actually have a case where there might be confusion, like:

http://en.wikipedia.org/wiki/Apple_Corp ... e_Computer

And even in Apple vs Apple's case, an agreement was worked out that eventually favoured Apple Computers in the 2003-2006 lawsuit, so it was all a fairly futile exercise on Apple Corp's behalf.

But if someone started a music service called Mapple UTunes, that's a pretty clear-cut case of trademark infringement and pretty much the exact reason the law was established in the first place. Monster is essentially abusing that law.

[Jim]

I did my usual 5mins worth of research (Google, then Wikipedia) and aparently there's a brewery in Brooklyn (oddly enough, called the Brooklyn Brewery), which has been using the name Monster Ale since the 90s.

http://www.brooklynbrewery.com/

I'm sure that if Brooklyn wasn't one of the biggest, most well-known craft breweries in the country they would be facing the same problem. The fact that they have much deeper pockets than this brewery from Vermont tells you just how big of pussy-ass scumbags the people from Monster are.

[AudeSapere]

also, Ben and Jerry's offers a giant sundae called the Vermonster

wonder why nobody's going after th- oh wait, it makes sense now

[Randy]

Wow this kind of pisses me off, and I'm a fan of Monster Lo-Carb energy drinks.

[Just!n]

http://rockartbrewery.com/

We won!

[Rusty Cooledge]

I like to think it was MY link sharing that put us over the top.

[Just!n]

this was my e-mail by the way

I'd like to commend you and your company for its ongoing crusade to crush upstart proletariat-run businesses like Rock Art Brewery for the grievous crime of daring to use a word that has been in the common vernacular for centuries. I say with much sincerity that this altruistic use of our nation's judicial system will certainly curb any further confusion when I'm at the liquor store specifically looking in the specialty local brew cooler because a beer I'm considering buying uses a portmanteau half comprised of a word used in the name of an energy drink I also know to exist. These similarities are taxing on my limited mental capacity, and I wish more companies would begin following suit. If Steve Jobs had any sense he'd have taken those thieves over at Snapple to task years ago.

Rest assured that these actions have shown me the way and I will now be a Monster Energy Drink consumer until my life is taken prematurely due to either a caffeine-induced heart attack or adult onset diabetes.

[DGMacphee]

Well done!