I’m taking a “time out” with this post to not only do some venting, but also spread awareness of a pending legal matter which, at first glance, appeared to be frivolous and almost humorous; but upon deeper inspection and reflection really pissed me off!

As a business professional, I’ve experienced first hand the ease at which the ambiguities of intellectual property law can be marshaled to initiate frivolous legal actions.  But Monster Cable seems intent on defining just “how low can you go”…

Cutting to the chase, Monster Cable will apparently be going to trial very shortly as the plaintiff versus defendant Monster Mini-golf for trademark infringement!  Monster Mini-golf is a husband/wife owned small business Child & Family Entertainment Center Franchiser (in Rhode Island, NY) with the concept of indoor glow-in-the-dark monster-themed mini-golf.  That’s right, MINI-GOLF!

Why is it that all of the instruments seeking intelligent life in the Universe are pointed away from the Earth?

Now I don’t mind if people think I’m stupid, but I don’t like to give them any evidence…  I’m willing to risk that, however, by readily admitting that, try as I may, I’m failing to see how Monster Mini-golf could possibly represent a bonafide trademark dilution threat to Monster Cable.

Ironically, I am I was a consumer of Monster’s products – and I must give them credit for being an excellent marketing organization…  For the profit margin they successfully command, I’d be willing to bet they could sell ice cubes to Eskimos!  But here’s a few I things I didn’t know about their apparent business practices, all of which shed greater light on the subject at hand:

1. Monster Cable are well known for aggressive pursuit of trademark and patent infringements within legal and audiophile circles.  To date, they have pursued similar action with lots and lots of other entities – most of which are small businesses.  Just exercise Google a bit, and you’ll see for yourself or better yet, go straight to the source: United States Patent and Trademark Office
2. Newsflash: Most small businesses lack the resources to fend off predatory and/or frivolous lawsuits; hence, the vast majority of these cases have been settled out-of-court.  Most of the small entities that have fallen into Monster’s cross-hairs accede to settlements that involve relinquishing the disputed trademark to Monster Cable, and Monster “licensing back” (for fees) the right to continue using the trademark.
3. Newsflash: Intellectual Property law is not a typical core competency for small businesses.  But here’s a refreshing exception, and it happened earlier this year when Monster decided to mess about with Blue Jeans Cable!  Unfortunately, the Mini-golf case involves a different type of claim (trademark vs. patent infringement) – and the owners of Monster Mini-golf don’t have the benefit of having been a litigator in prior life (as was the case for Mr. Kurt Denke).  By the way, if you have the chance, you must read his response letter back to Monster: Brilliant and better than a John Grisham book!
4. Monster has racked up quite a collection of trademarks over the years, all of course containing the name Monster; these are apparently held in an off-shore holding company (Monster International Ltd based in Bermuda); any of you familiar with international business can presumably put the rest of the pieces together.  Hint: corporations use these types of mechanisms to legally move retained earnings off-shore to reduce domestic corporate tax liability.
5. Monster’s litigation appetite is, well, apparently monstrous, and not limited to small businesses.  Monster has (unsuccessfully) pursued similar actions with the likes of Disney/Pixar, Monster.com, Monster Energy (the drink maker), the Chicago Bears, and the Boston Red Sox to name a few…  But small businesses obviously lack the resources to defend a case like this to judgment, unless they have the necessary background, like Kurt Denke, or simply have brass balls – like Monster Mini-golf!

I want to applaud the principals of Monster Mini-golf for choosing to stand their ground!  As you’ve probably already figured, I was very moved by this story.  I even contacted Patrick and Christina by phone because at first glance, this all seemed too crazy to be true.  But sadly, this is really happening and it’s simply wrong.  Really wrong!

But here’s the thing…  the Internet and Social Networking tools are providing incredible leverage to quickly raise awareness.  Even as I write this, this story is well on its way to going VIRAL, but every little bit helps.  I’ll challenge any of you moved by this to take some form of action…   At minimum, spread the word using the tool of your choice, or visit Monster Mini-golf to find out more.

This entry was posted on Wednesday, December 3rd, 2008 at 11:22 pm and is filed under Other. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.