Monster Cable is a Consumer Electronics company focused on making new products. Check out icruzeipod.com for the latest bitchin' car audio accessory for iPod. Of the few 'high profile' complaints about Monster - namely from Mad Martian and Monster Vintage - find me an example of where we haven't resolved any trademark issues fairly and to everyone's satisfaction. We don't profit from protecting our name, it costs us money, but by current trademark laws, there is a complex process that happens when someone files to use a trademark, and thre trademark office makes that decision NOT us. OK, so Noel's letter is posted on some other sites, because he cares about his company and his name and does care enough to have people like me spend a lot of time trying to educate people so you don't go off half-c**ked with accusations that are mainly fueled by two people who got pissed off. In the case of Monster Vintage - they were granted absolutely royalty free use of their name...and none of the 1% of their revenue BS...the owner of that site needs to move on, it was resolved. Bring me a new and current scenario to the table, that one is getting dusty. Noel is more concerned about companies like Discovery, trading off his brand, not small businesses. It's easy to imagine a well-oiled machine reaping millions in profit off of this, but it's just not the case. Trademark protection is part of business and Monster plays by the rules and cares a lot about both parties involved.
This is taken DIRECTLY from the Monster Vintage website - do you see any 1% fee or cost associated with using his name? Yet the headline on his site says:
"THIS IS One of Many LICENSE AGREEMENTS From Monster Cable
And Have The Nerve to Demand Payment And 1% of Monstervintage.com Income" - http://www.monstervintage.com/#monstercable
And by the way - the owner was using our logo on his site to promote his products - that is what started all of this anyway....did you know that?
THIS IS One of Many LICENSE AGREEMENTS From Monster Cable
And Have The Nerve to Demand Payment And 1% of Monstervintage.com Income
Thank you for taking time on a Saturday to discuss this matter with me. I believe we are close to a settlement which will allow both parties to achieve their desired goals.
Here is summary of what we discussed on the phone today. If we can get through the two open issues (i.e. Term of License, and the money you want Monster to pay you), I will have have a final agreement drafted for your signature on Monday.
-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 charged 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 damages.
If I missed anything, please let me know.
Thank you,
Dave
David M. Tognotti
General Counsel
I think you guys should feel special on 12Volt personally - it's a good forum and a lot of Monsters use it, particularly our car audio guys.
Jim