Monster Cable Strong-Arms
MonsterVintage.Com







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The License Agreement below is what Monster Cable wanted us (monstervintage.com) to sign, would you sign?
Monster Cable will grant Monster Vintage a license to use "Monster Vintage" and "Monstervintage.com" for the sale of new and used clothing on the Internet.
Monster Vintage will not have the right to use "Monster" on clothing items or products.
Monster Vintage will cease using the "M" logo, or any other logo style or font which is similar to Monster Cable's.
The term of the license will be for 10 years, with 5 renewable options at Monster Vintage's request.
Monster Vintage will not be charges a royalty fee for this license, nor a fee for any renewals.
Monster Vintage must continue to operate its website at a quality level equal to what it currently providing. If Monster Vintage fails to meet these quality standards, Monster Cable may terminate the agreement after providing Monster Vintage notice and a 30 day period to cure.
Monster Vintage will not file a registration (or attempt to register) any of the licensed marks.
Monster Vintage may assign this license, if the company is sold upon Monster Cable's approval, which will not be unreasonably withheld, provided that the new owner agrees to the provisions of the agreement.-If the parties are able to reach agreement on a license, Monster Cable will dismiss its lawsuit and claim for If I missed anything, please let me know.
Thank you,
Dave
David M. Tognotti
General Counsel
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Update: 10/4/06
Email:
Hi,
As a small Hifi retailer in the UK we have just been approached by the
Monster cable distributor to stock their cables. We thought it might be
of interest to hear that we have refused point blank to get involved
with them in any way and they are very aware that we are boycotting
their products due entirely to their ludicrous legal 'protection' of the
word Monster. Sadly it appears we are the first retailer to object on
these grounds in the UK, but hopefully not the last.
We wish you the best with your business and your continuing battle to
secure your future, and thank you for producing such an informative
webpage.
Best regards,
Peter Empson.
Noteworthy Audio
36 Buckingham Street
Aylesbury
Bucks
HP20 2LH
Tel: 01296 422 224 Fax: 01296 33 44 77
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Noteworthy Audio
UK
Subject: RE: Monster
Cables in the UK
Hi Victor and Cathy, thanks for the reply, we're thrilled by your
response, I don't think enough people stand up to these big firms so its
great you've got the energy to do it. You are welcome to reproduce the
email.
Best regards,
Peter
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Email:
Saw a couple of comments about Monster Cable and how they bullied your company on Woot tonight.
Ended up visiting your website and deciding not to buy their product.
Don't know if you are aware of it or not, but Monster Cable's general counsel is a California attorney and therefore subject to discipline by the State Bar of California if he engages in unethical practices. The Bar was toothless for a number of years, but recently it has been prosecuting more and more of the slime balls who give my profession such a bad reputation. Anyhow, if you haven't filed a complaint with the Bar yet, their website walks you through the process.
Whatever you do, I wish you luck. I know how miserable it can be get sued when you haven't done anything wrong.
John
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We are still looking for an attorney to help us recover our losses and lost of rights as you can read above. After reading this story below you would think there's someone that would like to get a name by give this monstercable and run for there money. as our last lawyers we hired could not get it together to do anything we had to put up with late reposes and over billing, and phone call saying i am sorry. we didn't know. we stayed up all night thinking about. i wonder if they charged us for that to. think you can help please email victor@monstervintage.com ( if you are a attorney and need any information or research that we have we are happy to send it to you.
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Monster Legal Dept. Says:
March 9th, 2006 at 3:02 pm
Thats it, mister! You have repeatedly abused our trademark with this
post by using the word Monster ™ over and over. Plus, you said bad
things about us and that makes it worse.
We’ll see how fearless your canine hindquarters are when you are
facing the judge!
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Feedbacks
| Monster Cable Strong-Arms Monstervintage.com |
| Posted on Thursday, March 17 @ 10:21:21 PST |
B oyCott
Monster Cable Products We want people to know the truth
about Noel Lee, founder of Monster Cable and how your tax
dollars are being wasted in the Trademark and Federal Courts
because of his legal mobsterism. Using our own legal system, The
Head Monster intimidates little companies into signing a license
agreement giving Monster Cable ownership of the word monster and
claiming profits from products sold by any company with the word
monster in their name. Monster Cable clearly has no respect for
our nation's trademark laws, which are in place to protect
companies rights, not satisfy Mr. Lee's greedy appetite ...Monster Cable DROPS Case Against Monster Vintage like Scared RATS Jumping from a Sinking Ship! Since our terrible experience with Monster Cable, we have lost time, money, peace of mind, and valuable attention to Monstervintage.com. We have been put through enormous emotional and financial suffering because of the brutal, frivolous lawsuit brought against us by Monster Cable and "The Head Monsters" obsession to own everything that contains monster in its name. Victor and I built this business together and before "The Head Monster" reared his ugly head, we were planning to get married. We both were looking forward to a beautiful ceremony and special honeymoon until this legal battle sucked our dreams and money right out of our pockets. Now with debt looming over us like suffocating black smoke the financial burden is too heavy for even a small celebration. True to their name, Monster Cable has
left us with monster-sized bills and devastated finances after
nearly three years of legal turmoil. As the owners of Monster
Vintage, Victor Petrucci and myself, Cathy West, suffered
endless harassment and mounting threats from Monster Cable to
relinquish our company's name. Our e-commerce clothing business
became the target of a vicious campaign designed to coerce us to
pay up or else. |
Thanks For the email: 12/28/05
Your's is just one of a multitude of horror stories that I've read WRT the
idiots at Monster Cable.
I ensure that NONE of their products are not, nor ever will be, in my
house. Ditto for everyone that I know or meet. To include all family
members.
Just doing my part.
I read that the lawsuit was slimily skewed so you could not recoup any
of your costs. Can you file a civil suit over the personal hard
ship/pain/etc. and cut a several million $$$ size hole out of
Monstershitheads mid-section? Especially with where you caught him, by
his ISP addy, leaving messages etc. ??? Gotta love those idiots who
think that they are anonymous when pulling such shit.
Lastly, have you set up a defense fund of any sort? I looked, a bit, to
see if you had some sort of a paypal tip jar but didn't find one.
Feedbacks
In response to the following email from an ebay auction we are gathering the facts to see where this can go, pretty interesting!
Q: Hello, I am bidding on this with great empathy for you. I went through 4 years of fighting a phony $250,000.00 lawsuit. I have looked over a bit of your situation. 1. Their suit is without MERIT. They have NO just claims. 2. I have conducted patent and trademark searches since 1980. Their claims are baseless. An honest attorney could have shut them down in a heartbeat. Yours, most likely, was bleeding you in collusion with the opposing attorney. 3. If what you say is correct, that they have defrauded others with this scam - there IS a wonderful solution. Call the FBI and charge the attorneys and Monster Cable with interstate racketeering under RICO. If you research RICO you will find that they qualify as organized crime under this definition. PUT THEIR sorry asses in prison where they belong - Then gather others harmed by their phoney claim to a common word and sue the attorneys personally and Monster cable for a just amount (millions) in punitive damages. Best regards, Ray
| QUOTE |
| Just a note to let you know that you have lost me as a long time customer due to your recent string of despicable litigation. I will never again buy your company's products or patronize it any way. I had always regarded your company as a market leader with premium products, but I no longer see it that way. Your company now projects an image of a selfish, greedy company that has no regard for hurting other businesses and people. Wasting the public's money with more than 250 suits in courts around the country is the last thing this country needs right now. No brand, especially one as trivial as a common English noun, deserves that kind of protection by the public. |
News Update
5:30 pm, receive call from Monster Cable's in house Attorney, Dave tognoti asking why the Monster Vintage logo is back up on the website, I told him that it is our logo and that is where it goes, on our website. He then said that he would be watching. I stated that Noel Lee dropped the law suit and in the Motion for Dismissal to the court there is no mention about our logo or any other reason for dropping the case. After a few minutes of trying to talk with him he hung up the phone on me. Our logo which is very different, is now back on our website. We feel like Monster Cable was using our logo as an excuse to cover up their real reason for coming after us when there was a lot of publicity, prior to the public outrage all the demand letters were only about our name......this whole legal battle was just a strong arm move to get us to sign under their license so they can try to claim they are famous when in actuality, they have just out "financed" other Monster companies into signing their license agreement.
News Update
Monster Cable DROPS Case Against Monster Vintage like Scared RATS Jumping from a Sinking Ship! leaving us with losses up to $100,000.00.
True to their name, Monster Cable has left us with monster-sized bills and devastated finances after nearly three years of legal turmoil. As the owners of Monster Vintage, Victor Petrucci and myself, Cathy West, suffered endless harassment and mounting threats from Monster Cable to relinquish our company’s name. Our e-commerce clothing business became the target of a vicious campaign designed to coerce us to pay up or else.
It sounds like a bad Hollywood mobster movie.
Noel Lee, The Head Monster of Monster Cable, seems to have a personal vendetta against anyone who dares use the word monster in their business name. He systematically runs businesses into the ground using strong-arm legal tactics to force business owners to pay him off or hand over a chunk of their profits in order to keep their own company’s name. “The Head Monster” goes after large and small companies and hundreds like ours who cannot afford the fight just cave in. We wonder how many small companies Noel Lee has monstered out of business and how many livelihoods he has destroyed.
We want people to know the truth about Noel Lee, founder of Monster Cable and how your tax dollars are being wasted in the Trademark and Federal Courts because of his legal mobsterism. Using our own legal system, The Head Monster intimidates companies into signing a license agreement giving Monster Cable ownership of the word monster and claiming profits from products sold by any company with the word monster in their name. Monster Cable clearly has no respect for our nation’s trademark laws, which are in place to protect companies rights, not satisfy Mr. Lee’s greedy appetite.
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 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.
Since our terrible experience with Monster Cable, we have lost time, money, peace of mind, and valuable attention to Monstervintage.com. We have been put through enormous emotional and financial suffering because of the brutal, frivolous lawsuit brought against us by Monster Cable and "The Head Monsters" obsession to own everything that contains monster in its name. Victor and I built this business together and before "The Head Monster" reared his ugly head, we were planning to get married. We both were looking forward to a beautiful ceremony and special honeymoon until this legal battle sucked our dreams and money right out of our pockets. Now with debt looming over us like suffocating black smoke the financial burden is too heavy for even a small celebration.
This is Monster Vintage's story and it's like a bad dream, but it’s
real. We have put some of the legal documents below and are sharing some
personal information, so that people can judge for themselves. We can
fax or mail copies of these documents, if requested. Below is a very
short outline of what has happened. We’ve started from the beginning for
the people who are not aware of these atrocities committed by Monster
Cable. And to the readers that have followed our Monster Cable
nightmare, we really appreciate your time and support and emails!
Around 9/2002, we received the first call demanding we stop using
Monster Vintage or sign license agreement and pay $1000.00 (a reduced
fee from $5000.00) and 1% gross income thereafter.
5/2002, a letter arrived demanding a check for the license agreement
to be made out to Monster Cable.
Another letter demanding we cease to use Monster Vintage.
Then, Monster Cable brought an expensive, outrageous Federal lawsuit against us, trying to dominate the monster word and claiming unfair trade practices and infringement on their electronic cable Trademark. Our business consist of buying and selling vintage clothing, not electronic cables or anything even remotely related to that industry. We don't even produce anything new. Monstervintage.com buys old vintage clothing from small Thrift Stores and independent clothing sellers. Businesses we buy from help support Senior Centers, Charities, homeless shelters, and animal shelters. We also buy from the only clothing recycler in Oregon. Monster Vintage creates income for numerous independent businesses, as well as creative, and computer and technical people. Unlike Monster Cable, we are not a Fortune 500 enterprise. Our contribution to the economy is insignificant compared to Monster Cable, but our work is honest, and a legitimate contribution to the community and our environment. But because we use the word monster in our name, The Head Monster wants to run us out of business. Since we had not filed a Trademark, our case was sent to Federal Court and we are now buried in legal fees. Victor and I feel Noel Lee, The Head Monster, owes us, our clients, and our customers.
Victor went to Monster cable
in Brisbane and the
Monster Park opening in San Francisco with a billboard truck to protest
Monster Cable and there Attorneys.
Spent grueling hours, days, and weeks researching and trying to defend
Monstervintage.com in court Pro Se since we couldn't afford a trademark
lawyer.
Filed a motion for Change of Venue
Lost time at work, lost time at home with family, lost sleep, lost
peace of mind.
Hired a trademark lawyer because trying to figure out what to do was
entirely too overwhelming.
Our doorway-sized calendar is filled with Court dates, and were
desperately trying to figure out how to be at all hearings, mediations,
and appearance dates.
WON CHANGE OF VENUE! It is rare to get this type of Federal case moved
for the defendant and we won!
Meetings with attorneys.
Phone calls with attorneys.
More meetings with attorneys.
Monster Cable called our attorneys saying they wanted to make a deal,
but we had only a few hours to do it. The deal was to remove the info on
our website and keep our mouths shut. The following weekend we planned to meet
with Snow Monster and boycott Monster Cable at the Las Vegas tradeshow.
On 01/06/2005, we heard that Snow Monster had suddenly changed their
story and would not say a word to us. It seems they buckled under The
Head Monsters weight. Monster Cable didn't want bad publicity at the
Consumer Electronics Show. so while there from his motel room answering
forms saying we have No Law Suits with anyone, then having his friends
using his laptop leave lies about monster cable as you can see by the IP
address ( did you not think anybody was that smart) We had managed to be in several major
newspapers and on a lot of awesome forums. But more needs to be done so
we can all use the word. If we came to the CES, we would have let the
whole, unedited truth out during The Head Monsters show-off time in
Las Vegas.
Monster Cable files a motion with the Court to dismiss case against
Monster Vintage.
Throughout our research, we saw the pattern within the Trademark Courts
of Monster Cable filing lawsuits, putting the pressure on companies, and
then bailing out if the legal battle gets tough. There were are also secret settlements whose results conveniently couldn't be seen. The
Head Monster must not want anyone else to be able to refer to these
cases because if they could, they would see where Monster Cable is
willing to fold. Without an effective lawyer and the money to pay the
legal fees, it’s virtually impossible to battle The Head Monster. It
was a huge victory to win our change of venue and not have to appear in
California. To get this far was very expensive and extremely difficult,
and most people couldn‘t continue fighting. Sometimes you can get a lot
done and said even if you re just a small guy.
We thought about it, but decided it was too ridiculous and unfair.
More letters from Monster Cable attorneys.
A letter came claiming to have my signature on a certified receipt,
stating to the court that I had been served the Summons on the Law Suit
filed. I went to my Post Master and got a print-out of the Certified
Receipt that someone in another state had supposedly signed for me. The
Attorney’s used this receipt; how ethical is that?
Called Court Clerk to get information and learned how to go to the
Pacer Government site to see the case. (Our file date and case number is
shown on our website front page.)
Wrote a letter to the judge complaining about the Attorney’s false
signature on the USPS Receipt. The Court Clerk notified Monster Cable‘s
attorney with Judges orders to correct this problem. The court was not pleased.
Spent hours, days, weeks, and months researching what to do.
Spent hours, days, weeks, and months trying to find an attorney. The
case is filed in California; we’re in the Portland, Oregon/Vancouver,
Washington area. Trademark lawyers want $10,000 to $50,000 to take the
case.
Victor spent five hours on the phone with Monster Cable’s in-house
attorney, Mr. Tognotti on the Saturday before the opening of Monster
Park, the result of a $6 million deal to rename Candlestick Park in San
Francisco. Our attempt to reach an agreement failed. Monster Cable
insist on having us under their license, so that they can own Monstervintage.com, control what we can and cannot sell, and can cancel
our agreement at any time.
We have worked hard to build our business. Victor and I both come
from difficult situations. We’ve struggled through hardships, downfalls,
and great personal and family tragedies. But we’ve pulled ourselves
through, and for the first time in our lives we managed to create a good
stable life. The “The
Head Monster” came along and threatened to take it all away. Without
a second thought, that by taking our name, Monster Cable would put us
out of business and out on the street! It has been devastating! How do
you stand up and protect yourself from a billion dollar company?
Since Monster Cable is extremely experienced in these lawsuits, and
unfortunately our lawyers aren’t, they filed the case in such a way that
we cannot go back on them for our losses. The best we can do is to
continue to protest Monster Cable until the end of time or until they
repair the damage they have done to us.
We want “The
Head Monster” Noel Lee, to clean up his mess. He has cost
us a enormous amount of money, worry, and time. Noel Lee has publicly
stated in Audiophile forums that he does not file lawsuits of this
nature. His denial of this lawsuit is the same as saying we’re so
insignificant that we don’t deserve to be acknowledged. But we, like all
other small businesses trying to make it in this country, deserve to be
recognized. We believe Monster Cable’s accusation of trademark
infringement and their attorney’s use fraudulent papers to file a
service of summons with the court are unethical and unjust actions. One
of the demands in the license agreement Monster Cable wanted us to sign
was that we would never file for a trademark for Monster Vintage. We
have and are now waiting for an assignment. We won’t be surprised if
Monster Cable comes after us again. We know we don’t have any legal
recourse against “The Head Monster,” but we do have freedom of speech.
And until Noel Lee puts right what he did wrong, we will be heard!
We have received amazing support from hundreds of people -- our
customers, clients, and others who don’t even know us. THANK YOU! And to
our customers, we apologize for not being able to conduct business as
well as we normally would have and for the times we have not been able
to live up to our monstrous goal of vast inventory and adding new items to
the website. Since Monster Cable came into our lives, we’ve had to spend
most of our time just trying to keep our livelihood from being taken by
Monster Cable's Trademark attorney's. Noel Lee, you don’t
even have a clue how much you have hurt us! But then, we shouldn’t
expect a “Monster” to even care.
Read On..
.
Links We Found >> http://www.audiocircle.com/circles/viewtopic.php?t=15768&postdays=0&postorder=asc&start=0
http://www.monstergreed.com/Index%20with%20info%20about%20MC.htm
http://ttabvue.uspto.gov/ttabvue/v?qt=adv&qs=monster%20cable%20products&page=1
http://www.ttlg.com/forums/showthread.php?s=0f6dda3a05c0b4e78b0bc052b96d59a6&t=92519&page=2&pp=25
http://www.audioasylum.com/audio/general/messages/366840.html
http://www.diyaudio.com/forums/showthread/t-42599.html
Please Email Them Your Thoughts
monsterinformation@monstercable.com
GREAT FEEDBACKS
To: Monstercable
Mr. David M. Tognotti &
Noel Lee
General Counsel
Monster Cable Products, Inc.
455 Valley Drive Brisbane, CA 94005
PH:1.415.840.2000
Dear Mr. Tognotti,
I read with great curiosity Victors email regarding Monster Cable vs.
Monster Vintage. I am no legal expert, and am just a consumer of both
companies who is voicing his personal opinion.
I have used Monster Cables for a very long time. Specifically, I use
your speaker cables as well as your RCA cables in my home theater
surround sound system. These are excellent products of the highest
quality that warrant brand protection.
I have also purchased vintage clothing from Monster Vintage a few
months ago. I was looking for an authentic 70’s outfit, and found it
on Monstervintage.com. I was also very satisfied with my purchase and
would do so again.
At no point in time during my research, visit to the
Monstervintage.com website, or in purchasing from them that I even
thought of cables, or your cabling company. In fact, the only time I
thought about the two companies happen to be at this very moment,
writing this email in disbelief and disgust.
I feel that what you are doing is akin to the bid bad bully on the
playground, going after a poor little kids lunch money. It is
appalling that you would use such strong-arm tactics and arrogance
forcing a small business owner to give up control of his domain name,
and extorting from him a license to continue using a generic name. I
am so angry and disgusted at what your company is doing, I will no
longer purchase Monster Cable products ever again.
A consumer who votes with his dollars,
Tim
Information Systems Engineer
----------------------------------------------------------------------------------------------------------------------------------------------------------Subject: Note concerning
trademark lawsuit Cathy and Victor,
When I first started reading about the Monster Cable lawsuits a few
days
ago, I thought it was an Internet joke, but obviously it is not. I
first
learned about it here
http://www.hometheaterforum.com/htforum/showthread.php s=&threadid=214568
I couldn’t believe some of their lawsuits; sueing Hannah Barbera for
an episode of Scooby-Doo having MONSTER in the title!!
The fact that they wanted 1% from your small company literally made me
noxious. I am a salesman that works in a large chain store that sells
Monster Cables, among other generic cables. Before today, I sold these
cables and their surge protectors on a regular basis when people would
buy DVD players, stereos and TVs. Starting today, I will no longer
recommend or sell Monster Cable products. I will just sell the much
cheaper, generic alternatives. If they drop all their frivolous
lawsuits, I may consider selling them again, but not before.
Now, I realize that they probably will not miss a couple hundred dollars
of lost sales a day, but if there are others that are thinking like I
am, it could add up to a lot more.
Do not waiver!
Toby
Strong Armed by Monster Cable, Ripped off with Poor legal representation by our own attorneys but we still continue to Rock with Vintage Clothing at Monstervintage.com!