Monster Energy vs Rock Art Brewery: Absurd case? UPDATE: Little guy wins!

[pandemic]

Information about a court case. Monster Energy vs Rock Art Brewery. I think it's absurd but I may also be missing something. What do you think?




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In case you missed this brew-travesty of justice in the making... Hansen Beverage Co. (maker of the wildly popular Monster energy drink) is demanding that tiny Rock Art Brewery in Vermont cease using the name "Vermonster."

Why?

Because the mega corp thinks the masses will confuse their world famous energy drink with Rock Art's beer.

Hansen obviously doesn't think too highly of consumers if they truly believe we will in any way, shape or form confuse these two wholly different beverages. Apparently the geniuses at Hansen missed the obvious and hilarious play on words. "Vermont" + the word "monster" = "Vermonster." Get it?!

Based in Morrisville, Vermont, Rock Art is owned and operated by Matt and Renee Nadeau. They employee seven people. "Vermonster," which has been in production since 2007, comes in in 22-ounce brown glass bottles and is sold in the states of Vermont, Massachusetts, Pennsylvania, New Jersey, Connecticut and Arizona.

In the other corner you have Hansen, a publicly traded company that employees hundreds. Their gross sales for the second quarter of 2009 were $345.8 million, up 6.7% from $324.1 million in the same period last year. They reportedly sold $1 billion worth of Monster energy drink last year.

Not only does the multi-million dollar mega corp want the tiny 7-person Rock Art Brewery to stop using the word "Vermonster," but they also want the brewery to compensate it for its attorneys' fees. On a frivolous lawsuit their attorney's brought to bare.

Nadeau says he's been told by five trademark attorneys that the law is probably on his side, but that proving it through lengthy litigation could bankrupt him.

"This is just about principle," said Nadeau, 43. "Corporate America can't be allowed to do this, in this day and age. It's just not right."

Damn straight it's not right. And I don't want to hear about how they are defending their trademark. The word "monster" can not be trademarked. And the idea that we the people are stupid enough - as Hansen asserts - to get these two vastly different products confused is beyond ludicrous.

This "dispute" (I like to think of it as corporate harassment) began last month when Hansen's ambulance chasing lawyer, Diane M. Reed, sent an e-mail to Nadeau's attorneys saying the brewer's beer would - and I quote: "undoubtedly create a likelihood of confusion and/or dilute" Hansen's trademark.

Nadeau reportedly contacted Reed and pointed out that the products were in two completely different beverage markets — beer and energy drinks — and offered to surrender any rights to use the name on an energy drink. Which he had no intention of ever making anyway. This mattered little to the bottom feeding attorney who told Nadeau that wasn't really the concern.

What is their concern then? Ah, here's where the real crux of the bogus lawsuit stems... Hansen wants to enter the alcoholic beverage market. Ba-blam!

Nadeau had a great comeback: "Too bad, I'm already here. I've been here. And I'm already brewing beer."

Nadeau has taken his beef online and his supporters are taking up the cause, spreading this across the Internet with several "Boycott Monster" rallies. So help support the little guy against the greed of corporate America on these sites:
__________________


http://rockartbrewery.com/

[JayBell]

tey can ask for a summary judgement...

Donald Trump sued a small handmade pottery maker who had used "You're Fired!" as thier business name... he lost.

you cant go after every iteration of a product that has "Monster" in it and expect to get your way...

i sincerely hope Monster crashes and burns on this.

[d90king]

Monster fail.

[pandemic]

I've emailed monster.

http://www.monsterenergy.com/web/guest/contact

[mikeypizano]

They also went after a movie monster company. This is sad because I drink a LOT of Monster. Lets see um sue Monster Cable!

[zackattack784]

This truly is sad. I don't drink a lot of energy drinks, but when I do I prefer Monster. I guess I'll have to switch to Rockstar for awhile.

[mikeypizano]

This truly is sad. I don't drink a lot of energy drinks, but when I do I prefer Monster. I guess I'll have to switch to Rockstar for awhile.

People were boycotting that too, something with Michael Savage I think.

[FormerUser123]

People were boycotting that too, something with Michael Savage I think.

Rockstar was co-founded by Savage's son, so the Gays and queers liberation union or whatever it's called decided to boycott. Just the fact that Savage's son was co-founder and is CEO makes me want to start drinking energy drinks again just to support them.

As someone who used to drink 5-6 energy drinks daily, I have do have to say Rockstar tastes like ass... Sobe Adrenaline is where it's at. But I've been clean for 3 years. Don't touch the stuff anymore...

[pandemic]

It seems like monster energy drink is picking on the little guy. They're not making anything of Monster.com... yet.

[pandemic]

Rock Art triumphs in Vermonster name dispute

http://www.burlingtonfreepress.com/a...n-name-dispute


Matt Nadeau poses at Rock Art Brewery in Morrisville, Vt., Monday, Oct. 12, 2009. The Vermont brewery that sells a beer called "Vermonster" has been told by Hansen Beverage Co., the maker of Monster energy drinks, to stop selling the brew.



By Dan McLean, Free Press Staff Writer • October 21, 2009
UPDATE: Oct. 21, 9:16 p.m.

Rock Art Brewery says it has won a trade-name dispute over its Vermonster beer with the maker of Monster energy drinks.

"VICTORY!" reads a posting on the brewery's Web site late on Wed. Oct. 21. "AMERICA YOU HAVE SAVED THE MONSTER!"

The update did not report details of the settlement but promised a statement "soon." Meanwhile, various posts on social-networking sites Facebook and Twitter also reported the Vermonster victory, saying the energy-drink maker withdrew its cease-and-desist demand after Rock Art agreed to stay out of the energy-drink business.

Monster officials could not immediately be reached for comment late Wednesday night.


Rock Art Brewery picked up the support of Sen. Bernie Sanders, I-Vt., in its battle with the maker of Monster energy drinks, which is arguing the Rock Art beer "The Vermonster" infringes upon its intellectual property rights.

"He called up here and just asked what was going on and asked me if there was anything he could do to help," Rock Art brewer Matt Nadeau said Tuesday. "It's wonderful to get called. It shows you just how much support we have." Sanders called Monday.

Bernie Sanders' letter to Hansen Beverage Company (PDF)

Cease and desist letter sent to Rock Art (PDF)

Rock Art response letter (PDF)

"The Vermonster" will "undoubtedly create a likelihood of confusion," the energy drink's attorney wrote early last month in demanding Matt and Renee Nadeau, owners of Morrisville-based Rock Art Brewery LLC, stop distributing or selling products with "The Vermonster" name.

The corporate strong-arming irked Sanders.

"I don't like to see large corporations who have endless amount of money and lawyers intimidate small companies that are struggling to survive," Sanders said Monday.

"I am not a trademark attorney, but I believe that any normal person would find your claim preposterous," Sanders wrote in a letter mailed to Hansen Beverage on Tuesday. "An energy drink is not a beer, and the word 'monster' is not 'Vermonster.' Any person who would get confused by these two different products and names should probably slow down a bit, and lay off energy drinks."

In addition to the cease and desist order, Corona, Calif.-based Hansen Beverage Co. initially sought reimbursement for legal expenses and called for Rock Art to abandon a trademark application. Hansen has trademarks for "Monster" and "Monster Energy."



Nadeau said he would fight the allegation, despite warnings from his attorney that it could become costly. Nadeau said he has already received the first bill from his attorney. "I don't even want to see this next bill. It's going to be horrendous," he said.

The legal battle may have turned in Rock Art's favor, Nadeau said, referring to documents received by his lawyer on Monday.

"It's looking good," he said. "The pressure of the people have caused this corporation to stop and think and take a new stand."

He credits the Internet with helping spread the word about his battle, noting his Facebook page has 15,000 fans and a YouTube video he created has been viewed 55,000 times.

Hansen Beverage's resources dwarf those of the Nadeaus. Hansen Beverage generated $98.9 million in profit on $624.6 million in sales during the first six months of this year, according to the most recent earnings statement.

Last year, Nadeau said, they produced 3,000 barrels, and the company plans to brew about 3,200 this year. By comparison, Magic Hat Brewing Co. brewed about 130,000 barrels of beer at its South Burlington location last year.Once his case is resolved Nadeau is hoping some long term changes can be made. "There is a need for some reform in trademarks... when they have a minute maybe they can take a look it," Nadeau said of Congress.

"I'm a mere blip in the screen. This will happen to someone else... another small business that will be told by lawyers: lose your money or change your name," Nadeau said.

Contact Dan Mclean at 651-4877 or dmclean@bfp.burlingtonfreepress.com.