David R Posted July 17, 2012 Report Share Posted July 17, 2012 Hope the admin don't mind me posting this to try help out another aquarium forum; Monster Energy Drink don't sue MFK! In short, Monster Energy drink are trying to get MonsterFishKeepers.com to stop using their "M" logo among other things in merchandising and advertising that is the main source of revenue that keeps this great community running as they feel it is too similar to their own "M" logo, despite MFK having used theirs for longer! Because there is a really high chance of people mistaking an aquarium forum for an energy drink and getting their brands muddled up... :facepalm: Quote Link to comment Share on other sites More sharing options...
Godly3vil Posted July 17, 2012 Report Share Posted July 17, 2012 How ridiculous, wow what a low blow to make. Quote Link to comment Share on other sites More sharing options...
Sheepsnana Posted July 17, 2012 Report Share Posted July 17, 2012 Posted on their FB wall. Social Media seems to get their attention. Quote Link to comment Share on other sites More sharing options...
Li@m Posted July 17, 2012 Report Share Posted July 17, 2012 But if the MFK logo has been round for longer then how can monster sue them? With what grounds? Shouldn't it be the other way round. Only in america huh? Quote Link to comment Share on other sites More sharing options...
Adrienne Posted July 17, 2012 Report Share Posted July 17, 2012 Isnt it all to do with trademarks/patents? on the brand names. If neither have it then nothing is likely to come of it. If one has it the other will not have a leg to stand on. It will have nothing to do with who had it first. http://www.uspto.gov/smallbusiness/trademarks/ Quote Link to comment Share on other sites More sharing options...
David R Posted July 17, 2012 Author Report Share Posted July 17, 2012 Here are the details Adrienne; http://support.monsterfishkeepers.com/ On February 24, Monster Energy Company sent a cease & desist letter to MonsterFishKeepers.com in regards to their use of the marks MonsterFishKeepers, and the MonsterFishKeepers “M” symbol in connection with clothing, accessories, and stickers. It also requires us to drop the trademark applications that were pending at the time for said trademarks. Monster Energy claimed that the use of these marks constituted trademark infringement and would cause confusion with their own MONSTER™, MONSTER ENERGY®, and MONSTER “Claw M®” marks. MonsterFishKeepers.com asserted that an informed consumer would be unlikely to mistake the two brands as one is specifically marketed towards the keepers of large fishes in specialized online sites & aquarium stores while the other is more openly marketed in sports-related facilities and traditional retail stores. Later on, Monster Energy sent a series of demands including, but not limited to, abandoning the trademark applications for the MonsterFishKeepers “M” symbol marks as well as ceasing to use those marks in connection with apparel & accessories, refraining from using or applying for any marks containing the word “Monster” or the letter “M,” refraining from using the colors black & green on any MonsterFishKeepers.com or Monster Aquaria Network Websites or in connection with apparel & accessories, and pay Monster Energy Corporation its attorneys’ fees in connection with this matter. MonsterFishKeepers.com has no intention of agreeing to the bulk of Monster’s demands as these terms are extremely restrictive & unfair, not to mention downright ridiculous in some cases. As you know, we have been using our MonsterFishKeepers and the MonsterFishKeepers “M” design marks since March 30, 2005 and the marks were duly registered with the U.S. Patent and Trademark Office since October 23, 2007. We strongly believe that the law is on MonsterFishKeepers.com’s side, but MonsterFishKeepers.com will not be able to fund the legal proceedings that would be needed to resolve this dispute with Monster Energy. Unfortunately for MonsterFishKeepers.com, Monster Energy can file an unlimited number of appeals even if MonsterFishKeepers.com wins the first round of the case; in the end, Monster Energy would certainly outlast MonsterFishKeepers.com in the legal proceedings after MonsterFishKeepers.com runs out of money since there is no way that such a small company could compete with such a large company in terms of legal fees. As such, we, the staff of the Monster Aquaria Network, ask that you, the reader & MonsterFishKeepers.com member & supporter, help us to convince Monster Energy Corporation to drop this issue immediately. We intend to contact them via any means possible to let them know that this is not acceptable as well as hit them at the bottom line by boycotting all Monster Energy Corporation products. We would greatly appreciate it if you would take a small amount of time out of your day to let Monster Energy know that what they’re doing is not going to be well regarded/well perceived by us as consumers of their soft drink products. In closing, we thank you for your continued support, and we hope that we will be able to enjoy many more years of fish-filled fun once this issue is resolved. Quote Link to comment Share on other sites More sharing options...
Adrienne Posted July 18, 2012 Report Share Posted July 18, 2012 Wow - so Monster Fishkeepers has actually done the proper thing. Its wrong but as we all know, in the end the company with the most money will probably win, its like David and Goliath. Perhaps this should be taken to the media. Quote Link to comment Share on other sites More sharing options...
Mikey Posted July 18, 2012 Report Share Posted July 18, 2012 Really Monster Beverage Company? Really? :facepalm: Go Monster Fish Keepers! Go! :thup: *goes and signs petition* Quote Link to comment Share on other sites More sharing options...
F15hguy Posted July 18, 2012 Report Share Posted July 18, 2012 I wonder if monster is going to sue McDonalds for using the "M" logo Quote Link to comment Share on other sites More sharing options...
David R Posted July 18, 2012 Author Report Share Posted July 18, 2012 I wondered that too, nearly feel like writing them to get their thoughts on it. Years ago DB tried to get Galbraiths Ale House (look them up, best beers in Auckland!!) to stop calling their summer beers 'Summer Ale' even though it was an ale brewed specifically for summer and they had been using the term far longer than DB had (for their summer beer, which isn't even an ale!), Lion Breweries actually waded into the proceedings (not sure to what extent) and in the end DB dropped the case. Unfortunately they didn't get the message and a few years later managed to trademark the word "Radler" despite the Germans using it to describe a certain style of beer for a few hundred years! So now I don't drink DB products, and I certainly won't be drinking Monster... Quote Link to comment Share on other sites More sharing options...
henward Posted July 20, 2012 Report Share Posted July 20, 2012 thats what happens when a company becomes monstrous......... Quote Link to comment Share on other sites More sharing options...
hovmoller Posted July 20, 2012 Report Share Posted July 20, 2012 thats what happens when a company becomes monstrous......... :sml1: Quote Link to comment Share on other sites More sharing options...
F15hguy Posted July 20, 2012 Report Share Posted July 20, 2012 very sad henward Quote Link to comment Share on other sites More sharing options...
Mikey Posted July 20, 2012 Report Share Posted July 20, 2012 I wondered that too, nearly feel like writing them to get their thoughts on it. Years ago DB tried to get Galbraiths Ale House (look them up, best beers in Auckland!!) to stop calling their summer beers 'Summer Ale' even though it was an ale brewed specifically for summer and they had been using the term far longer than DB had (for their summer beer, which isn't even an ale!), Lion Breweries actually waded into the proceedings (not sure to what extent) and in the end DB dropped the case. Unfortunately they didn't get the message and a few years later managed to trademark the word "Radler" despite the Germans using it to describe a certain style of beer for a few hundred years! So now I don't drink DB products, and I certainly won't be drinking Monster... This thread did remind of DB in our own backyard... fancy trademarking "Radler".... fancy our freaking legal system allowing it to happen! I too boycott DB products as a way of protesting with my wallet. :thup: Quote Link to comment Share on other sites More sharing options...
F15hguy Posted July 20, 2012 Report Share Posted July 20, 2012 my wallet seems to boycott a few things Quote Link to comment Share on other sites More sharing options...
David R Posted July 20, 2012 Author Report Share Posted July 20, 2012 I too boycott DB products as a way of protesting with my wallet. :thup: :thup: good thing there is no shortage of quality NZ beer around! Luckily I can even get a few (Epic, Tuatara, Emmersons) up here in Whangarei... Quote Link to comment Share on other sites More sharing options...
Caryl Posted July 20, 2012 Report Share Posted July 20, 2012 I would have boycotted Monster drinks - if I had ever heard of them, or seen them, before now 8) Quote Link to comment Share on other sites More sharing options...
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