Re: The Scariest Monster of All Sues for Trademark Infringement

[David Farber <dave () farber net>]

Begin forwarded message:

From: Simon Higgs <simon () higgs com>
Date: April 5, 2009 5:45:38 AM EDT
To: dave () farber net
Cc: don () drakeconsulting com
Subject: Re: [IP] The Scariest Monster of All Sues for Trademark  
Infringement
Reply-To: simon () higgs com

Monster are certainly in litigious mode, but seem to be picking on the  
weakest victims simply to save face after striking out against fellow  
A/V cable suppliers Blue Jeans Cable:


Monster Cable recently (March 28, 2008) wrote to us claiming that we  
had infringed various design patents and trademarks owned by it or by  
its intellectual property holding company in Bermuda, Monster Cable  
International, Ltd. We reviewed the patent and trademark filings  
submitted by Monster Cable, and found that Monster's claims were  
completely frivolous--so frivolous, in fact, that there was something  
amusingly appropriate about the fact that Monster's letter had arrived  
in our mailbox on April Fools Day.

We wrote back to Monster's counsel on April 14, 2008, to demand that  
if Monster wishes to convince us that we have infringed its  
intellectual property, it at least take the trouble to identify the  
correct patents and trademark registrations on which it relies, and  
explain its position in a way that identifies some plausible,  
nonfrivolous claim. Along the way, we also let Monster know that we  
have no intention of being bullied by anyone, no matter the size. To  
our surprise and delight, our long and (to our eyes) boring six-page  
letter became the focus of a great deal of positive attention from our  
customers, the online audio/video community, and others concerned with  
the abuse of the intellectual property laws.

As of this writing, there has not been a further peep from Monster  
Cable. If this is the end of the matter, well--good riddance, Monster.  
If it is not, we will be sure to update this page from time to time to  
give our customers and others interested the blow-by-blow account of  
any ongoing conflict with Monster Cable.

Correspondence is here:

http://www.bluejeanscable.com/legal/mcp/index.htm

###

--
Best Regards,

Simon Higgs




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