Axiom Home Page Forums General Discussion The Water Cooler OT sort of Monster Law suits

A while back there was a post stating that Monster Cable was suing everybody for copyright infringements. The founderof Monster released this statement in his defense and audioholics is posting it on their site. figured i would make thread as an FYI

I just read Noel Lee's diatribe at Audioholics. I'm now compelled to aimlessly walk around the house with a dead, glazed look in my eyes, arms held out in front of me repeating "MONSTER CABLE IS GOOD" over and over.

Definitely interesting reading. Funny how misinformation spreads, isn't it?

That being said, do you think they would back up the allged performance of their cables if enough people griped that their cables are no better than ones costing half as much or less?

also check out this

Oh, but they love kids! If we stop buying Monster cables, nobody will think of the children!

Wow. Just wow.

The plot thickens!!!!!

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A reply to Noel Lee from the owner of Snow Monsters:

From Snow Monsters website:

Brad:
Thanks so much for your support of Snow Monsters. Thanks also for copying me on the response that Dave Tognotti sent to your email. It never ceases to amaze me how Monster Cable’s attorneys can twist the truth.

I am attaching a copy of the License Agreement that Tognotti emailed me on July 7, 2004. Read it carefully and you will see that Tognotti lies when he makes the statement, “We are not trying to take their trademark, nor are we trying to stop them from using it.”

That’s a pretty amazing statement when Tognotti expected us to sign a License Agreement that states:

1. At its own expense, Licensee [Snow Monsters] shall endeavor to obtain registrations for each of the Licensed Marks. Within sixty (60) days after the issuance of each such registration, Licensee shall assign each such registration to Licensor [Monster Cable] using a form that is mutually satisfactory to Licensor and Licensee.

2. Licensee [Snow Monsters] shall be responsible for recording each such assignment with the United States Patent and Trademark Office, and shall be responsible for paying all fees, costs and expenses associated with recording each such assignment.

3. Upon timely submission to Licensor[Monster Cable] by Licensee [Snow Monsters] of all necessary documentation and fees for maintaining registrations with the Patent and Trademark Office, Licensor shall within sixty (60) days file such submissions with the Patent and Trademark Office.

To add insult to injury, Tognotti has the gall to tell us that SNOW MONSTERS MUST PAY MONSTER CABLE’S COSTS TO STEAL OUR TRADEMARK! Here’s another gem from the License Agreement:

“All additional costs, including attorneys’ fees incurred by Licensor [Monster Cable] shall be reimbursable by Licensee [Snow Monsters] within sixty (60) days of written evidence of expense.”

You can read more in the License Agreement, but it among other things it requires that Snow Monsters:

1. Seek approval for virtually every aspect of our business – marketing, product design, etc. (we can’t put anything out that does “not conform to applicable standards approved by Licensor” [Monster Cable]),

2. Monster Cable can terminate the agreement whenever they want – “Licensor [Monster Cable] may terminate this Agreement by notice given to the other if Licensee does not perform any of its obligations when due.” Of course Monster Cable determines what the obligations are – such as submitting everything to them for approval,

3. Monster Cable would have the right to approve all our sub-contractors, and

4. We must get Monster Cable’s approval to sell our own company! - Licensee may not assign or delegate any right or duty under this Agreement (voluntarily, involuntarily, by operation of law, by transfer of control or otherwise) without the prior written consent of Licensor.”

So how truthful do you think David Tognotti and Monster Cable are?

Thanks, feel free to pass this email along to anyone you like. We’re going to post it and the License Agreement on our website.

Jack
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More on this can be found here, and here

Sounds to me like Noel Lee is a spin master.

I started reading this, but it just way to much legal stuff to dive into for a company whose products I already don't plan to ever buy. I don't see any reason to pay extra money for a brand name like Monster (am I allowed to type the word in a message like that, or will I be sued too?) when there are plenty of lower cost options that are just as effective.

I remember when this story broke on some board I was reading, I posted about how all those listing were NOT lawsuits, mainly just regular goings on in the patent/trademark business (I work at an patent/trademark lawfirm, so I understand how those things work). I explained the its the UPTO that decides actual oppositions, but the owners are required by law to bring into question anything that might infringe on their trademark. My post went largely ignored, and people just continued to bash Monster.
I don't understand why people feel the need to routinely bash a company for making a product. If you think its over priced, just do what I do: don't buy it. There's really no need to slag a company every chance you get, espeically when I'm sure there are far greater offenders in the business of overcharging for audio products.