Monster Energy doesn’t like Fish Tank Forum using scarry M logo

By on Jul 19, 2012

Monster Energy is a well known brand of energy drink aimed at the male demographic.  The parent company Monster Beverage Corporation manufactures energy drinks, natural soft drinks, and fruit drinks including Monster Energy, Hansen’s Natural Soda, Hansen’s Energy, Hansen’s Junior Juice, Peace Tea, and Blue Sky. The company has robust sales with over 1,900 employees and currently holds over 2,500 trademarks. They own marks such as MONSTER™, MONSTER ENERGY®, and MONSTER “Claw M®” marks.  Apparently, Monster Energy feels threatened by a small fish forum and is sending out cease and desist letters. What for you ask?

The letters are being sent out in response to Monster claiming that Monster Fish Keepers, a small forum centered on large and unusual fish is infringing on their trademarks. The forum is popular among this “monster” niche crowd and has grown quite a following. Users of the site post pictures, descriptions and the like to other community members encouraging feedback and advice on how to raise these “monster” fishes.

Monster Energy drinks become popular when the company introduced a large style can, something that was not done before in the world of energy drinks. The largest market share belonged to Red Bull at the time, made popular with their “Red Bull gives you Wings” marketing campaign along with a smaller sized can, that could not be confused with other drinks on the market.

Monster Energy has several trademarks, most around beverages for goods and services including “Non-alcoholic beverages, namely, energy drinks, excluding perishable beverage products that contain fruit juice or soy.” However, they do have trademarks that protect goods and services including “Stickers; sticker kits comprising stickers and decals; decals “ and “All purpose sport bags; All-purpose carrying bags; Backpacks; Duffle bags”.

What Monster doesn’t like is the use of the “scary” looking logo that Monster Fish Keepers is using on their site. The logo, which does not look anything like Monster’s, is apparently “causing confusion” according to Monster’s lawyers. And to be fair the logo, including the “scary” M, is a registered trademark with the United States Patent and Trademark office.

In fact, “Monster Energy sent a series of demands including, but not limited to, abandoning the trademark applications for the Monster Fish Keepers “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.”

Granted, Monster Fish Keepers has no intention of doing anything that the Lawyers for Monster Energy demand, however it might not be as simple as that. While we mentioned earlier that Monster Energy has over 2,500 trademarks this is not the first instance in which it is using its large resources to bully companies.

The Consumerist, a large blog protecting the consumer has covered just about every instance in which Monster Energy has gone after companies. The Consumerist says that Monster Energy is known in the industry as a “trademark bully” which can be likened to a patent troll and all around a nasty company. Regardless if you’re into monster fish or their counterparts this is just another good reason to stop drinking Monster Energy.

Via [Consuermist, Support Monster Fish Keepers]

 

 

Posted in Industry |
Search More:
   
  • Phanboy

    not close enough to sue IMO

  • Frank

    This is an obvious bullying case. You can tell by taking a look at the MonsterCable.com website – not only is their “M” in their logo obviously “Monster fangs”, but they have a banner for the “Rock Star Energy Drink Mayhem Festival” on the front page. If that isn’t a closer trademark infringement case to pursue, I don’t know what is. It seems clear that Monster Energy Drinks won’t go after someone with deeper pockets.

  • http://reefgeni.us Jestep

    You may want to link to their support. website and petition. I’m definitely impressed at how this has spread through the aquatic forums and blogs.

  • http://mediabaskets.com/ inTank

    What a joke, guess their lawyers need something to do to fill the time. The logos look nothing a like and their industries couldn’t be more far apart.

  • Mike

    Not about if it’s close enough to sue, this is a very commonly used heavy handed tactic that big companies use against smaller entities where a C&D letter and the threat of a lawsuit usually is enough to get a compliance simply because the smaller entity doesn’t have the financial resources to fight it.

    It would be awesome if one could just say “fine I’ll go into arbitration, here’s the two logos, and if a judge decides they’re too similar we’ll change” unfortunately our legal system doesn’t work in such a rational way

  • XD_1

    They don’t go after Monster Cables because they’re also a deep-pocketed, litigation-happy trademark troll. A local kid theme minigolf was sued by Monster Cable for having the name Monster Golf.

    I don’t know which is the bigger con: energy drinks or $50 HDMI cables.

  • XD_1

    It’s always close enough to sue, but probably not to win in court. It’s a subtle but important difference because if the organization you’re suing can’t afford thousands of dollars in legal fees, you win by default just for the cost of sending a cease and desist letter.

  • http://www.facebook.com/marshallguillory93 Marshall Guillory

    Was this an ad for Monster Energy Drinks or a news story about the C&D letter?

  • http://www.facebook.com/marshallguillory93 Marshall Guillory

    Sue these guys too: http://www.ducatimonster.org/ In fact, you can sue me as well because I use just the letter “M” as my sig on emails.

  • reefergeeker

    yea it did sound like ad ad near the end there.

    I think they need to C&D about a hundred thousand font designers that use sharp serifs on their fonts. ridiculous. I have bought their product, but never again.

  • Kovy R

    People are willing to do anything for money these days…

  • http://www.facebook.com/people/António-Vitor/100001304930327 António Vitor

    This is a joke right?
    hilarious…
    so M is a proprietary of monster shit, that I never drinked… :D
    “it got electrolites so it’s good!”
    this is the real drink of the film idiocracy…
    http://www.imdb.com/title/tt0387808/ :)
    Hey sue me I am in Portugal, and I want you to sue me…
    this is why I do not think americans live in real and normal democracy, it’s a subtype of democracy where big corporations rules the justice and the politcs, with two puppets parties.

  • http://www.facebook.com/people/António-Vitor/100001304930327 António Vitor

    http://www.youtube.com/watch?v=e1fKzw05Q5A
    Monster got electrolytes….lol…
    now you can sue me.

  • JakesPeppermintAngelDoll

    This happens all the time, sadly. The Petland “Aquarium Adventure” stores originally opened as Aquarium Authority, but due to a C&D from the Sports Authority chain, had to change after the first store had opened. Cuz, you know, those two could easily be confused.

  • SoTM

    One would think that if the stupid little “M” actually reminded people of their stupid products- which it does not- they would welcome the indirect advertising. I’d love to threaten that i would never use their products because of this silliness, but their products are garbage anyways and I would not touch them. Watch me get sued now. Pathetic company.