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Monster Cable sues the wrong party


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Read all about it - in a response to a patent infringement threat, Blue Jeans Cable - whose CEO is a former lawyer - rebukes Monster Cable telling them they don't have a case, that he is well aware of their modus operandi the past few years, and is ready to go to court to tear down their house of cards.

 

The last few paragraphs are most entertaining :thu:

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Here's a
link
to a rather long listing of trademark trials involving Monster. (Found in Craig Anderton's forum.) I'm all for the protection of "intellectual property" but is this what the world has come to?
:(

 

Wow I had no idea they were THAT bad... how long before a court brands them "vexacious litigants" (google for leo stoller)?

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"I say this because my observation has been that Monster Cable typically operates in a hit-and-run fashion. Your client threatens litigation, expecting the victim to panic and plead for mercy; and what follows is a quickie negotiation session that ends with payment and a licensing agreement. Your client then uses this collection of licensing agreements to convince others under similar threat to accede to its demands. Let me be clear about this: there are only two ways for you to get anything out of me. You will either need to (1) convince me that I have infringed, or (2) obtain a final judgment to that effect from a court of competent jurisdiction. It may be that my inability to see the pragmatic value of settling frivolous claims is a deep character flaw, and I am sure a few of the insurance carriers for whom I have done work have seen it that way; but it is how I have done business for the last quarter-century and you are not going to change my mind. If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims--or, to speak more precisely, the absence of merit from your claims--from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it.

 

I will also point out to you that if you do choose to undertake litigation, your "upside" is tremendously limited. If you somehow managed, despite the formidable obstacles in your way, to obtain a finding of infringement, and if you were successful at recovering a large licensing fee--say, ten cents per connector--as the measure of damages, your recovery to date would not reach four figures. On the downside, I will advance defenses which, if successful, will substantially undermine your future efforts to use these patents and marks to threaten others with these types of actions; as you are of course aware, it is easier today for your competitors to use collateral estoppel offensively than it ever has been before. Also, there is little doubt that making baseless claims of trade dress infringement and design patent infringement is an improper business tactic, which can give rise to unfair competition claims, and for a company of Monster's size, potential antitrust violations with treble damages and attorneys' fees."

 

PWND

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Monster is an elitist bully company. Their product is WAY overpriced for the quality you get. I made the mistake of buying their Pro-level Power conditioners and Voltage regulators. They blow fuses constantly- for no reason and am told there is design defect that will make them burn-out. I should have got the Furman stuff. A Radio Shack was going out of business and I scarfed a whole bunch of home AV and stereo cables at about 80% off. They're OK, but Id still go with some Mogami/Neutrik stuff any day of the week.

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