Anyone familiar with the following? After reading this, I'll never buy another Monster product again. This is posted on eBay and selling coupons for a buck:
Here's a little bit about us……
We are a Rhode Island based Children’s / Family Entertainment Center called Monster Mini Golf. Our concept, (Indoor Glow-in-the-Dark Monster themed Mini Golf) was originally created because we wanted to create something that was less expensive for a family to do than go to the movies.
We are a fun, wholesome company and one of the few things left in our ever growing technological era that all ages can play together.
My husband and I built the first course literally with our hands...We had no money and lived on Peanut Butter sandwiches to make ends meet while building and creating this concept.
Shortly after we opened, our crazy little idea became a big hit and were afraid that someone with millions of dollars was going to take our idea and run with it, so we thought why not franchise our concept? Then we learned that it cost over $100K to do that…so instead of giving up, we gave up our home and lived literally on the floor of our office to save the money necessary to franchise. We were homeless for almost a year but we believed in our concept. Long story short....Today we have 23 Franchises and all are Mom & Pop owner operated.
BUT...one man is destined to crush what we have built. He is the founder of Monster Cable Inc. (a company that makes Audio cables) and he’s suing us for “Trademark Infringement”.
In a nutshell, trademark infringement is based solely on “Likelihood of Confusion”, or essentially, “could the average consumer be confused between the two?”. The answer is no, as decided by the Patent and Trademark Office when they granted our trademarks, but Monster Cable Inc filed an opposition against that decision, and sued us.
To this day, this one man has opposed approx 400 companies...and it doesn’t look like he EVER intends to stop. This is the true meaning of Corporate Bully.
Their tactic is to run the smaller companies out of money, and force them into a settlement where they surrender their name to Monster Cable Inc, who then licenses it back to them for a fee. Yes, so then we would be paying him for a concept and business we created and have worked very hard for! It is essentially extortion, but sadly, it is cheaper than going to trial, which can be crippling to small businesses like ours.
Unlike the 414 companies he has forced into settlement by bleeding them dry…. we have decided to continue on and fight the good fight. We have chosen to stand up for anyone who has ever been bullied, picked on, abused, or otherwise forced into an unfair or unjust situation by a bigger, stronger, (or in this case, richer) opponent.
Each small business that was forced to sign over their name is one more brick in the massive Monster Cable Inc wall, held together by the blood of those crushed beneath their corporate wheels. It is very very sad.
So far our legal fees are well over $100,000. (And counting) and will likely reach $250,000 when all is said and done. No wonder why 400 companies have waived the white flag!! 250K is the cost of “Winning”!! We need your help, we cannot afford to do it alone. Wondering if this is real or not...just google Monster Mini Golf and Cable. Or visit audioholics web site and you will also read about many other cases there as well.
What we are selling is a Coupon for $1. What you will get is a $2 off Round of Monster Mini Golf coupon from us that you can print upon the completion of the auction. Geeez...that was a long way to go but we are here to perservere.
All of the money raised is going to our legal defense and for only $1, as Sally Struthers once said, that's less than a cup of coffee! Geez...at Starbucks, it wouldn't even buy you that!
In return in addition to your coupon, you will receive a heartfelt “Thank You” from us and the knowledge that you have helped defeat a corporate bully who has been abusing the legal system for years!
If you feel strongly about our “David Vs Goliath” story, and can give more, please do. If you feel strongly about it, but cannot afford to give, you can still help…..
Simply spread the word about our little fight, and help us reach as many people as humanly possible. Learn much more on our web site at monsterminigolf.com or then just click the "Stop the Bully" link on the contact button.
Thank You For Your Support!
-Patrick & Christina Vitagliano
(Husband and Wife team)
Co-Founders of Monster Mini Golf
monsterminigolf.com
Below is just one paragraph from another company (small business) that he also opposed…
We've heard the U.S. Trademark Office had to dedicate an entire room for Monster Cables files. It appears most companies drop their name or sign the license agreement for lack of adequate legal defense and financial resources. The larger companies with unlimited legal funds have "secret" settlements, probably just dropped cases but kept off the record so future Oppositions will not see what happened. It's easy for Monster Cable to take advantage of small entrepreneurs with limited experience in Trademark laws, Monster Cable claims to own hundreds of products under the monster name. It's sad that all those hard working people pay someone like Noel Lee for their business. The Head Monster says he's not after the money even though we were told by his lawyer (which he proudly refers to as..the slimiest of all slime) the usual price of the license agreement is $3,000 to $5,000. The lawyer told us come up with money and make our payment out to Monster Cable. And then to keep our name, we would have to pay a percentage of what we make. "The Head Monster" says he’s not after money; so we guess to him our small profits would not be making money.
Renewals are required and we wonder how much that would be after your business has grown and they control your name under their "monster" license.
If you need more info:
Just google Monster Cable law suits, it’s endless and very sad.
--------------------------------------------------------------------------------
On Dec-03-08 at 17:47:28 PST, seller added the following information:
Before our first listing was removed we had a list of nice folks that had emailed questions and or advice. We tried to recover all of the posts from that auction..here's what we recovered. And Thanks again to all that are supporting us!
Dear try-plan-b,
I have just read your ebay notice from the mention in the General forum of AudioAsylum. I am sickened by the ruthless, greedy efforts of the man behind "Monster". I must tell you it reminds me of the loss of my business to TWO Monsters that stopped me cold now years ago, but such that I will be paying for the outcome for the rest of my life:
1)Starbucks
2)the IRS
My ideals, and dreams, and money, and marriage were not enough to help against these two. I am an honest and hardworking man; I committed no crime, but was successful enough to be noticed by Starbucks. End of business, end of marriage, and end of money. I lost it all. End of story.
What I can do to help without money:
I will make sure the people I know, and tell, do not buy "Monster" audio products.
I will make them and others aware of your plight.
I believe in prayer; my prayers are with you.
Bob Specht
former owner/operator, Aero Espresso, Seattle
- red_eyehawk
Hi,
Like just about everybody else on this planet, I hate Monster Cable's strong arm tactics and bullying the little guy. But instead of fighting them in court, why don't you try something like this:
http://www.audioholics.com/news/indu...s-strikes-back
I wish you the best of luck!
- all_ears
Dear try-plan-b,
You might try contacting owner of blue jeans cable, he was contacted by monster with a threatening letter. He is a lawyer and apparently scared them off. Story is on his site bluejeanscable.com
Dear try-plan-b,
I fail to see the merit of copyrighting a common noun and then trying to extend this to ownership of unrelated businesses. This seems a simple case requiring one capable court of writing a stinging and final opinion to settle this avarice. I support your cause and thank you for making it known.
- microsift
Thank you for taking a stand. It is important in this world for people to do so, and it is unfortunately rare. I wish you all the success in your endeavours.
- cainerwolf
Dear try-plan-b,
Considered contacting this guy yet?
http://www.audioholics.com/news/indu...e-jeans-a-back
Yes, I know it's about cables rather than mini-golf, but he _is_ a former litigation lawyer, who apparently successfully got monster to piss off, and I would imagine he's no great friend of theirs...
- john.salomon
Dear try-plan-b,
I have been reading about Monster Cables for some time now and have constantly been shocked by their behaviour.
I wholeheartedly support your fight and will assist in any way possible. Mostly by spreading the word, but please don't hesitate to contact me, if there are other things i can assist with.
- dejay222
Dear try-plan-b,
The story is on reddit front page now and I'm shouting it out on digg.
- ryan-allen-art
Dear try-plan-b,
Help a mom & pop take on a bully? I'd buy that for a dollar. Have you seen Blue Jeans' response to Monster's claims of infringement? It is excellent.
http://www.audioholics.com/news/indu...s-strikes-back
Dear try-plan-b,
Hi, I just read a Monster Story to my kid last night. I'm guessing I'll get sued now as well.
Maybe we can file some sort of class action suit against them for egregious abuse of the legal system!
- stef_running
Dear try-plan-b,
Keep up the good fight. I promise to never buy anything from Monster Cable again.
- cyberizer
Dear try-plan-b,
Hey guys - I just placed a bid. Thanks, and good luck. Monster cable is super overpriced,
anyway.
- carlesslucas
Dear try-plan-b,
Wow. I just considered Monster cables for my music studio but
opted for Hosa. Glad I did.
- ologynet
Dear try-plan-b,
I am *NEVER* buying anything from Monster Cable ever again, and I will make sure that all of my family, friends and coworkers never buy anything from Monster Cable either. I HOPE YOU WIN!!!!
- stevebert