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  1. #1
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    Boycott Specialized and Monster Energy...

    Until this is resolved, we should all boycott "Monster" energy drink, as well as Specialized, since they are in bed together with their racing team.

    It seems that the bastards at Monster are suing a small microbrewery in Vermont for making a barleywine named; "Vermonster". Check out the youtube link below, for more info, then register your dissatisfaction here: http://www.monsterenergy.com/web/guest/contact

    http://www.youtube.com/watch?v=kbG_w...layer_embedded

    Here is the message that I sent them:

    I am a mountain biker, and when I first heard that you were sponsoring a race team, I was very excited, and began using your product to support a company that supports the sport that I love.

    Today, I came across a message on an internet forum, that mentioned that you have filed a Cease and Desist order against a small brewery in Vermont, for marketing a barleywine called Vermonster. Somehow, someone at your company thinks that this is a trademark infringement. I, personally, as a consumer, would have never made any more connection between the two different names, than I would have made between FIRST Interstate Bank and the FIRST Baptist Church.

    That being said, I will say that having been a small business owner, myself, I find it abhorent that a billion dollar corporation would bully a small mom and pop business, over something that is really so much of a non-issue.

    I must therefore CEASE AND DESIST purchasing any of your products, until such time as you CEASE AND DESIST harrassing the folks at the Rock ART Brewery.

    Furthermore, I will campaign very aggressively on as many internet forums as possible to get as many mountain bikers and other people as possible to CEASE AND DESIST purchasing your products until such time as I receive notification from your company that you have dropped this frivolous lawsuit.

    Most mountain bikers are beer drinkers, and most of them prefer microbrews over watery crap like Buttwiper. Most of them are also likely to prefer microbrews over your energy drink, especially when there are now so many alternatives on the market. Mountain bikers have also been bullied over land access issues, by well funded equestrian groups and political parties such as the Sierra Club, so they are highly likely to identify with and align themselves with the small guy who is being bullied by the corporate giant.

    Until such time as I receive notification from your company that you have dropped your ridiculous lawsuit against the Rock Art Brewery, I will take all of the money I formerly spent on your product and spend it on theirs. I will aggressively campaign for as many of my fellow mountain bikers and other folks to do the same, and to spread the word to as many people as they can.

    When you look at your bottom line in the future, you WILL see the error of your ways!!! The sooner you CEASE AND DESIST with your frivolous lawsuit, the less economic damage you will cause yourselves!!!!!

    Lawyers suck!!!!! Frivolous lawsuits suck!!!!!
    If more people rode more bikes, more places, more often, the world would be a more better place!

  2. #2
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    Wow, specialized going after a small group. Shocking. Cant believe something like this would happen. I would be even more shocked if ellesworth did something like that.

  3. #3
    sixsixtysix
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    Seriously?

  4. #4
    ready to ride
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    wow

    but why boycott spesh?
    they dont produce nrgy drinks
    N* = <3 <3]

  5. #5
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    I agree what Monster is doing is a shame, but can you explain a bit more what Specialized has to do with this lawsuit?

  6. #6
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    I think he is going after specialized as well because "they are in bed together with their racing team."

  7. #7
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    FYI, monster already retreated, vermonster beer lives

  8. #8
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    Quote Originally Posted by yukisan
    FYI, monster already retreated, vermonster beer lives

    Thats the power of Bike Doc.

  9. #9
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    this hole thing is stupid, besides i have never found monster for sale so i wont find boycotting them hard at all, and i am all for micro brewery's.
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  10. #10
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    Quote Originally Posted by bxxer rider
    besides i have never found monster for sale so i wont find boycotting them hard at all
    You never been toa 7-11?

  11. #11
    Now with More Wood
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    Quote Originally Posted by 006_007
    You never been toa 7-11?

    He be from Oz.
    Tasteful avatar, BTW...

    EDIT: Crap, I meant the UK. Same story. No 7-11s, and not much Monster.

  12. #12
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    Quote Originally Posted by bxxer rider
    this hole thing is stupid, besides i have never found monster for sale so i wont find boycotting them hard at all, and i am all for micro brewery's.
    Oh, well that's good.
    Quote Originally Posted by General Hickey
    You’ve got to be kidding me. I’ve been further even more decided to use even go need to do look more as anyone can.

  13. #13
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    Like all similar lawsuits it's more to generate media atention than gain anything else. It's a bad practice but some companies still think it's good for them.
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  14. #14
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    Quote Originally Posted by Iceman2058
    He be from Oz.
    Tasteful avatar, BTW...

    EDIT: Crap, I meant the UK. Same story. No 7-11s, and not much Monster.

    Whats wrong w the avatar? Its just a lamp

  15. #15
    MK_
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    Bunching in Specialized into the boycott doesn't make any sense. I'm totally with you on Monster suing the small microbrewery, that's ridiculous. At the same time, I don't touch crap like Monster drinks for the sake of my liver and blood pressure. My liver is pretty busy filtering the microbrews.

    _MK

    Before you diagnose yourself with depression or low self-esteem, first make sure that you are not just surrounded by a*holes

  16. #16
    the unvarnished nonsense
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    As I just posted in my original thread, the corporate weasels at Monster folded under an avalanche of negative response from mountain bikers, snowboarders, MX'ers, and other fine people that still have a sense of right and wrong.

    Thank you to all who voiced their opinion to these bullies.
    "Sufficient to have stood, yet free to fall."
    -John Milton, Paradise Lost

  17. #17
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    The media attention...

    Quote Originally Posted by norbar
    Like all similar lawsuits it's more to generate media atention than gain anything else. It's a bad practice but some companies still think it's good for them.
    The media attention should mostly benefit the Rock Art Brewery, and will most likely hurt Monter energy and their parent company, Hansens.

    I, for one, have already contacted the Rock Art Brewery, to inquire about trying some Vermonster out here in Sedona. My friend, Knight, lives in Vermont, and if those folks are as good at brewing barleywine, as Knight is at riding his bike, then I'm in for a treat!
    If more people rode more bikes, more places, more often, the world would be a more better place!

  18. #18
    mnoutain bkie rdier
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    Quote Originally Posted by Bike Doc
    Until this is resolved, we should all boycott "Monster" energy drink, as well as Specialized, since they are in bed together with their racing team.

    It seems that the bastards at Monster are suing a small microbrewery in Vermont for making a barleywine named; "Vermonster". Check out the youtube link below, for more info, then register your dissatisfaction here: http://www.monsterenergy.com/web/guest/contact

    http://www.youtube.com/watch?v=kbG_w...layer_embedded

    Here is the message that I sent them:

    I am a mountain biker, and when I first heard that you were sponsoring a race team, I was very excited, and began using your product to support a company that supports the sport that I love.

    Today, I came across a message on an internet forum, that mentioned that you have filed a Cease and Desist order against a small brewery in Vermont, for marketing a barleywine called Vermonster. Somehow, someone at your company thinks that this is a trademark infringement. I, personally, as a consumer, would have never made any more connection between the two different names, than I would have made between FIRST Interstate Bank and the FIRST Baptist Church.

    That being said, I will say that having been a small business owner, myself, I find it abhorent that a billion dollar corporation would bully a small mom and pop business, over something that is really so much of a non-issue.

    I must therefore CEASE AND DESIST purchasing any of your products, until such time as you CEASE AND DESIST harrassing the folks at the Rock ART Brewery.

    Furthermore, I will campaign very aggressively on as many internet forums as possible to get as many mountain bikers and other people as possible to CEASE AND DESIST purchasing your products until such time as I receive notification from your company that you have dropped this frivolous lawsuit.

    Most mountain bikers are beer drinkers, and most of them prefer microbrews over watery crap like Buttwiper. Most of them are also likely to prefer microbrews over your energy drink, especially when there are now so many alternatives on the market. Mountain bikers have also been bullied over land access issues, by well funded equestrian groups and political parties such as the Sierra Club, so they are highly likely to identify with and align themselves with the small guy who is being bullied by the corporate giant.

    Until such time as I receive notification from your company that you have dropped your ridiculous lawsuit against the Rock Art Brewery, I will take all of the money I formerly spent on your product and spend it on theirs. I will aggressively campaign for as many of my fellow mountain bikers and other folks to do the same, and to spread the word to as many people as they can.

    When you look at your bottom line in the future, you WILL see the error of your ways!!! The sooner you CEASE AND DESIST with your frivolous lawsuit, the less economic damage you will cause yourselves!!!!!

    Lawyers suck!!!!! Frivolous lawsuits suck!!!!!



    Do you think that they will be smart enough to notice that while MTBR has a "Beer" Forum, it has no "Energy Drink" Forum?
    The USPTO can sort this one out. The law is the law. If there is "likelihood of confusion" among the two names: Monster and Vermonster, then the USPTO will not honor the brewerie's new drink name. Considering that they are both beverage companies, I believe the Monster is doing what successful companies do...protect their name with aggression. This sort of thing is standard practice in the world of capitalism... Afterall, it is not like Dove brand soap vs. Dove brand icecream. No likelihood of confusion there...different products completely. Just my 2 cents..

  19. #19
    on a routine expedition
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    Quote Originally Posted by 006_007
    Whats wrong w the avatar? Its just a lamp


  20. #20
    Equal opportunity meanie
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    I will go out of my way to buy beer from Rock Art Brewery, even if it tastes like crap, though I doubt it does. I wonder if they distribute to BevMo on the west coast.

    Screw Monster. It is asinine that they are actually paying someone to do that.

    I wonder what employee at Monster actually believes that "Vermonster" BEER will actually cause a dent in their sales. I also wonder if it is the same person who does not acknowledge that total jackass moves like that will dent their sales MORE than a microbrewed BEER.

    This is like Toyota thinking that a DH bike named a "Tacoma" or "Tundra" made from a boutique bike company is hurting their sales.

    As much as I like some of Specialized products, I will try to avoid buying them when I can. I didn't forget the same kind of sh*t they pulled with Stratos a few years ago that needlessly put them out of business. Not that I was a huge fan of Stratos products, but I knew the owner, and that move is something Specialized doesn't get forgiven for. This industry is far too small for that kind of behavior.
    805

  21. #21
    mtbr member
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    If you say so - just be careful your junk doesnt get burnt if you try to put it in there. Halogens burn hot.........

    Quote Originally Posted by Marshall Willanholly

  22. #22
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    Thanks for posting this in almost every corner of the forum. Now I feel the need to go to each one and tell the people that it is already resolved and the issue is over

  23. #23
    All 26.5" all the time!
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    Here's the Youtube video:



    <object width="560" height="340"><param name="movie" value="http://www.youtube.com/v/kbG_woqXTeg&hl=en&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/kbG_woqXTeg&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="560" height="340"></embed></object>

  24. #24
    the unvarnished nonsense
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    Quote Originally Posted by rydbyk
    The USPTO can sort this one out. The law is the law. If there is "likelihood of confusion" among the two names: Monster and Vermonster, then the USPTO will not honor the brewerie's new drink name. Considering that they are both beverage companies, I believe the Monster is doing what successful companies do...protect their name with aggression. This sort of thing is standard practice in the world of capitalism... Afterall, it is not like Dove brand soap vs. Dove brand icecream. No likelihood of confusion there...different products completely. Just my 2 cents..
    Wow. That must be some REALLY good weed.

    "Yeah judge, I was totally deceived. I meant to buy the normal sugar/caffiene in a can that I always buy, and instead I ended up buying this bottle of 10% ABV barleywine. No, it didn't look anything like the product container that I have purchased a million times before, and I couldn't understand why the guy asked for my ID. I was surprised to see the bottle, as it always comes in a can. And no, I couldn't really understand why there was Kokopelli label and the words "Rock Art Brewery" on the bottle either, but hey, I pay $3 bucks a pop for something that tastes like a mix of anti-freeze and pi$$, so I'm obviously an idiot who wouldn't know any better. Thank you for protecting me from my own stupidity."

    And the end result is what should and can be standard practice in capitalism; consumers calling the shots.
    "Sufficient to have stood, yet free to fall."
    -John Milton, Paradise Lost

  25. #25
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    yeah - beer and over-hyped soda are 2 completely different products and markets. It isn't "aggressive" defending of their name, just bullying.

    At least the masses have spoken and monster / hansen pulled their complaint. Hopefully the damage has already been done. I've had hansen's sodas, they aren't that great.

  26. #26
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    Quote Originally Posted by DHidiot

    As much as I like some of Specialized products, I will try to avoid buying them when I can. I didn't forget the same kind of sh*t they pulled with Stratos a few years ago that needlessly put them out of business. Not that I was a huge fan of Stratos products, but I knew the owner, and that move is something Specialized doesn't get forgiven for. This industry is far too small for that kind of behavior.
    Dear sire would you be so kind and enlighten me with the details of that story?
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  27. #27
    My other ride is your mom
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    Seems like a pretty quick turnaround to me......either way....good on them for dropping this...it was pretty silly.

  28. #28
    the test dummy
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    screw monster they are now on my list of don't buy any way im always down for a boycott
    f authority and corporate billion airs trying to destroy America and small businesses and any what is every ones bet the place monster is pissed at has been around longer any way peace out
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  29. #29
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    Northern VT beer-drinkers thank you!!!

    I've never had a Monster Energy Drink. Rock Arts on the other hand . . .

    toby

  30. #30
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    Quote Originally Posted by Bike Doc
    I, personally, as a consumer, would have never made any more connection between the two different names, than I would have made between FIRST Interstate Bank and the FIRST Baptist Church.
    True enough gotta watch the vid now

  31. #31
    ozz
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    Quote Originally Posted by davis
    "Yeah judge, I was totally deceived. I meant to buy the normal sugar/caffiene in a can hat I always buy, and instead I ended up buying this bottle of 10% ABV barleywine...

    This reminds me of the guy who bought NOS Energy Drink and put it in his gas tank. Believe it or not some people are actually that stupid.

  32. #32
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    I drink redbull anyways haha.
    Go BIG or Go HOME

  33. #33
    the unvarnished nonsense
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    Quote Originally Posted by in the trees
    Northern VT beer-drinkers thank you!!!

    I've never had a Monster Energy Drink. Rock Arts on the other hand . . .

    toby
    You are sincerely welcomed. I'll send a PM with my address so you know where to send that complimentary case of Vermonster.


    But seriously, I'm willing to pay for a six pack. I love big hopped barleywines.
    "Sufficient to have stood, yet free to fall."
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  34. #34
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    no thanks.
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  35. #35
    ballbuster
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    Yeah....

    [QUOTE=Bike Doc]

    Lawyers suck!!!!! Frivolous lawsuits suck!!!!!
    /QUOTE]

    They suck until you need one. We got hosed when we bought our house, and our lawyer got us $20k back. Not our entire loss, but most of it.

    Frivolous lawsuits suck, but who's to say your problem is frivolous... I dunno... a court of law? I'd rather have the 'frivolous' lawsuits and still retain the right to my day in court. If I have no case, I get thrown out.

    That said, Specialized sucks ballz. They can (and do) sue everybody for stupid reasons. For just that, I will never buy (at least a new) a Specy product.. not to mention the crap they pulled on my favorite local bike shops.

    F' Specialized.

  36. #36
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    In the AM Forum version of this twin posting someone posted that Monster's attack was recently dropped due to all the bad publicity.

    http://forums.mtbr.com/showthread.ph...31573#poststop

  37. #37
    K Lives
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    Quote Originally Posted by CountryBoy
    I drink redbull anyways haha.
    it's capitalism at work....but lawyers do suck. I hope the microbrew finds a way out but these things usually end badly..guess who wins? Lawyers, both sides.

  38. #38
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    If more people rode more bikes, more places, more often, the world would be a more better place!

  39. #39
    dontcha?
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    who cares? the brewery and monster are both being stubborn... Vermonster is only sold in Vermont and Rock Art Brewery has the rights to the name in Vermont... They are just trying to get the rights on a national level and Monster's giving them a hard time..
    "The future belongs to those that believe in the beauty of their dreams."

  40. #40
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    If more people rode more bikes, more places, more often, the world would be a more better place!

  41. #41
    dontcha?
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    Makes perfect sense now..
    "The future belongs to those that believe in the beauty of their dreams."

  42. #42
    moaaar shimz
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    Energy Drinks suck big time, take one scoop of Superpump 250 or No-Xplode and you'll see what I'm talking about.

  43. #43
    dontcha?
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    Quote Originally Posted by tacubaya
    Energy Drinks suck big time, take one scoop of Superpump 250 or No-Xplode and you'll see what I'm talking about.
    Blow a line off a hooker's ass and THEN you'll see what I'm talking about.
    "The future belongs to those that believe in the beauty of their dreams."

  44. #44
    yeah, uh............bikes
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    Quote Originally Posted by Eric Z
    no thanks.
    exactly, why the **** should I care about Monster energy's lawsuit. They make a shitty product that capitalizes on EXTREME sports.

    **** monster, that guy should save his money and change the damn name. what do you think he'd do if monster had said that they wanted to pay him millions of dollars and help him distribute his PRODUCT?

  45. #45
    Wanna ride bikes?
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    To TS:

    No.

  46. #46
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    I'm surprised they haven't taken on Monster Cable. Those bastards took on Monster MiniGolf. Seriously. I'm sure neither Monster Cable nor the purveyors of Monster Energy Drink want to get in the ring with each other. It would most certainly be a test of who can fund their lawyers longer.

  47. #47
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    Quote Originally Posted by norbar
    Dear sire would you be so kind and enlighten me with the details of that story?

    Where were you in 2006?

    It was pretty much on every MTB forums:

    stratos sued and out of business...
    http://www.ridemonkey.com/forums/arc.../t-165385.html

  48. #48
    the unvarnished nonsense
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    Quote Originally Posted by FloridaFish
    ...that guy should save his money and change the damn name....
    Absolutely. We don't have nearly enough spineless d-bags in this country.
    "Sufficient to have stood, yet free to fall."
    -John Milton, Paradise Lost

  49. #49
    yeah, uh............bikes
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    Quote Originally Posted by davis
    Absolutely. We don't have nearly enough spineless d-bags in this country.
    good idea self-righteous guy, your suggestion could bankrupt his company with lawyers and court costs. tell his kids that daddy fought the good fight while they eat bread crusts and get rickets.

  50. #50
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    Can't the microbrewery just change the name of the beer?

  51. #51
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    Quote Originally Posted by 4mula1
    I'm surprised they haven't taken on Monster Cable. Those bastards took on Monster MiniGolf. Seriously. I'm sure neither Monster Cable nor the purveyors of Monster Energy Drink want to get in the ring with each other. It would most certainly be a test of who can fund their lawyers longer.
    Try vise-a-versa monster Cable already sued them , and a bunch of others
    http://www.tabberone.com/Trademarks/...terCable.shtml

    Companies Sued By Or Threatened With Law Suit By Monster Cable

    * Bally Gaming International (Monster Slots)
    * Blue Jeans Cable (letter)
    * Boston Red Sox (offering Monster Seats)
    * Boudreaux's Cajun Kitchen (Monster Shrimp)
    * Butler Chemical, (protective order), (dismissal)
    * Chicago Bears (Monsters of the Midway)
    * Coleman, Steven T. (Doctor Zarr's Amazing Funk Monster)
    * Disney Enterprises (Monsters Inc), Disney's answer.
    * eMachines.com (eMonster computer)
    * Hanna-Barbera Productions (Scooby-Doo and the Monster Of Mexico)
    * Monster.biz
    * MonsterBook.com
    * Monster.com
    * Monster Computer Cases
    * Mosnter Energy Drink (Hansen beverage)
    * Monster Garage (Discovery Channel TV show)
    * MonsterHTPC
    * Monster Mash
    * Monster Mini Golf (filed May 12, 2008 case 08cv1037)
    * MonsterMoney.com
    * MonsterSoundProduction.com (letter page 1), (letter page 2)
    * MonsterVintage.com (protest), web site is MonsterCable1.com
    * Monster Transmission, (April 8, 2009 article)
    * Revell-Monogram (Swamp Monster)
    * Snow Monsters
    * Timex
    I'm Better known as Splat

  52. #52
    Live 2 Ride
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    I applaud your efforts but I can't help.
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  53. #53
    ROBOTIC RESERVE
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    This is the H1N1 of posts, its EVERYWHERE!!!!!!!!!!!!!!!!!
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  54. #54
    the test dummy
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    haha swine flu thats a good one
    Quote Originally Posted by craftworks750
    Riding a mtb is like a reset button, 10 mins in and there is nothing else in the world that matters.
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  55. #55
    ROBOTIC RESERVE
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    Boycott this thread!
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  56. #56
    moaaar shimz
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    Quote Originally Posted by captain spaulding
    Blow a line off a hooker's ass and THEN you'll see what I'm talking about.
    Touché sir.

  57. #57
    mnoutain bkie rdier
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    Quote Originally Posted by davis
    Wow. That must be some REALLY good weed.

    "Yeah judge, I was totally deceived. I meant to buy the normal sugar/caffiene in a can that I always buy, and instead I ended up buying this bottle of 10% ABV barleywine. No, it didn't look anything like the product container that I have purchased a million times before, and I couldn't understand why the guy asked for my ID. I was surprised to see the bottle, as it always comes in a can. And no, I couldn't really understand why there was Kokopelli label and the words "Rock Art Brewery" on the bottle either, but hey, I pay $3 bucks a pop for something that tastes like a mix of anti-freeze and pi$$, so I'm obviously an idiot who wouldn't know any better. Thank you for protecting me from my own stupidity."

    And the end result is what should and can be standard practice in capitalism; consumers calling the shots.
    You clearly have a small mind and have difficulty seeing the bigger picture. The USPTO deals with this sort of thing on a daily basis. I am guessing...while I don't necessarily agree with it...that Monster may have actaully won based on "likelihood of confusion".

    Maybe you should direct your extreme anger towards the USPTO's policies instead of Monster Energy Drink.

    Do some research. Go to the USPTO site. You will see that often large companies trademark everything under the sun that is or possibly could be confused with their name so that they can limit "L.O.C.".

    While you may be extremely familiar with this particular brewery..not everyone is. Believe it or not...like others have said....some people aren't all that bright and COULD possibly confuse the two... They ARE both bev companies. In order to eliminate the possibility, the guidelines are extremely clear.

    1. Same product = yes (they break it into categories...this would be the "beverages" category)
    2. Similar names = yes (one is monster and the other is monster with a "ver" in front)
    3. Do I agree with the USPTO = does not matter...just trying to enlighten you a bit...

    Not saying I agree with this....just the facts angry guy...

  58. #58
    all your base
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    they sponsor peaty and I didn't see this on the SC forum.... I don't even own a spesh and this is annoying (but I have, and certainly might again). It would seem that having a huge company help sponsor DH is a good thing for everyone; who spesh can talk into funding the team with them shouldn't carry so much weight.

    Do you really think Monster Energy gives a rats ass what a co-sponsor of their DH mtn bike team has to say about their business pracices?


  59. #59
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    "vermonster"

    Ben&Jerry's ice cream have something called the Vermonster that has been around longer than Monster energy drink so if anyone should have beef, they should .

  60. #60
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    OH MY GOD REALLY! I"M SELLING ALL OF MY SPECIALIZED BIKES NOW!

    actually no, I'm not, in fact I'll probably buy more. btw your letter was so professional and well written I'm sure they sent that straight to the paper shredder.

  61. #61
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    its a beer from Vermont called the Vermonster...come on now! I thought it was pretty clever.
    Livin' the dream.

  62. #62
    Just Ride.
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    I don't give a fukk about what Monster Energy is doing. They can do what they want, I will still be drinking the stuff (I couldn't care less what people say about that either). Not my problem and I do not care one little bit about what Specialized are doing either.

    People who decide to flame me about this GO FOR IT! I am waiting for the lulz.

  63. #63
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    Quote Originally Posted by jmeldrum26
    Can't the microbrewery just change the name of the beer?

    But why should they have to change their name? Rockart has been using the Vermonster name for a number of years already. I live about 25 minutes from RockArt and frequently drink their beers. They are a very small company, I'm glad they stood up to Hansen. I'm sure that they do this all the time, and most small companies would just back down. Many stores in VT pulled all Monster products immediately when they found out about this There is a number of places in VT that use the Vermonster name for a product, including Ben & Jerry's at their scoop shops, don't see all of them complaining?

  64. #64
    the unvarnished nonsense
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    Combined response to rydbyk and Florida Fish...

    I would have separated these two responses but they overlap, so here goes.

    First an apology to rydbyk. I apologize for making the insinuation that you may have been under the influence of an illegal drug for not agreeing with my opinion. I was wrong to discount your opinion which you are clearly entitled to. Forgive me.

    Secondly, let me point out that I never proposed boycotting any person, company, or corporate entity. I never claimed that all lawyers are evil. I believe that every business is entitled to protect their names and trademarks so others do not conspire to increase sales by misleading consumers. I believe there are good people and bad people. Good corporate entities and bad corporate entities. (Like many Americans, I am a stock holder in large corporations, but only the ones I believe are acting in a responsible manner.) Good lawyers and bad lawyers. Good pit bulls and bad pit bulls. Life isn't black and white.

    Thirdly, when Matt received the Cease and Desist letter, believe it or not, he did not call me up, a total stranger, and say, "davis, I need you to tell me what to do. I value your opinion because you like beer, dislike energy drinks, and have degrees in Economics. It's not me that's trying to cause financial hardship to himself, his business, and his family, its the fine folks at Monster/Hansen.

    Also, I understand that in capitalistic America, we have a court system that is assigned to decide these situations. We may not agree with the decisions, but we live with them. So why not just let the court deal with it? Why not just change the name of the beer?

    My degrees are in economics, so I do have a small understanding of the situation. Businesses, all businesses, operate with one main goal: Maximize profits. Rock Art began as a one man basement operation and in 10 years has become successful enough to employ 8 others. Matt has taken his previous profits and invested them in another product, Vermonster. To change the name now, Matt's profits that were invested in labels, six-pack holders and all other packaging, and previous marketing of said product would be total losses. Why should he be forced to take a loss that may bankrupt his business when, in his opinion, he has done nothing wrong?

    So let the court decide, right? Matt's own financial and legal advisors told him that even if he were "right", he simply can not compete on an even playing field with a billion dollar corporation. They get to tell him how to run his business because they have deep pockets and he doesn't. That sounds fair, right?

    In our society, we are all consumers and we have input into which products we purchase and the businesses we support. It is my opinion that Monster/Hansen was acting a bad corporate entity, so I did what a consumer is entitled to do. I voiced my opinion to them, decided to not support them, and shared the information that I was aware of with others that may support the companies involved. Everyone is entitled to their opinion, and the more information one has the better able they are to make an informed decision. (Monster supports mountain biking, and many mountain bikers support their company by purchasing their product, that is what this has to do with this forum, BTW.)

    In the end, I respect both of your opinions. I believe that a lot of good things have come out of this situation. We all learned that individuals, in large masses, can indeed change what we believe are bad corporate decisions. Matt will surely see a large increase in sales and profits. Large corporations may have learned that sometimes it is more profitable in the long run to make responsible corporate decisions as opposed to being bullies and making a couple of extra bucks in the short run. You want to continue to buy Monster energy drink? Want to stick your head and the sand and say I don't care who does what to whom? That's fine with me, that's your decision. This is America. That's how it works.

    I'm done with these threads, now. As far as I'm concerned, the admins can send all of these related threads to the recycle bin.

    Now, lets all take a deep breath, and go for a bike ride. Enjoy our lives today. We will never get today back. We may die tomorrow. Thank you for your precious time.
    "Sufficient to have stood, yet free to fall."
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  65. #65
    All my faucets is Moen.
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    When I saw the title of this thread I assumed Monster and Specialized had done something wrong. If Monster feels that it is a copyright infringement they have the right to try and get them to cease and desist. If there was no copyright infringement the judge would dismiss the case. That’s how the law works in America.

    Personally I boycott Monster because their product is unhealthy.

    You should also leave Specialized out of the argument they are a fantastic bike company and most likely have absolutely nothing to do with the lawsuit.

  66. #66
    the train keeps rollin
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    Screw Monster !! They suck, the word Vermonster has been used in VT on many products long before Monster Energy. I'll never buy their crap again, all Hansen products are off the list. Specialized, I'll give a pass on this, but they suck anyway.
    beaver hunt

  67. #67
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    Unfortunately that is not how the law works in America. I believe the owner of the brewery is right, Monster would keep appealing the judge's decisions until Rock Art ran out of money or gave up.

    These kind of frivolous complaints are the problem with our justice system. With our laws, in this case had it gone to court and been thrown out, Rock Art would still be responsible for their own legal expenses. Even though they were brought on by Monster for no reason. I think a "loser pays" type system would help curb these kinds of suits.

    An example - my grandfather owned a tennis club. A member lost a tennis ball in the attic, somehow climbed a ladder that had a padlocked cover and sign that read employees only, to get to the attic. Then she fell through the drop ceiling and sued for her injuries. A judge agreed to hear the case and a jury found no wrongdoing on my grandfathers part. However, he still had to pay his attorney fees.

  68. #68
    I heart the drops
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    This thread makes me want to go buy a lamp.
    "its not how slack your head angle is, its how you ride the bike"

  69. #69
    (not that fast)
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    awww, that's cute. he started this thread AFTER the information was out the Monster was backing down and somehow managed to drag specialized into it.

  70. #70
    redefined
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    LOFL, how did Specialized get thrown into all this? Those guys just can't get a break.
    And though I can hide my cold gaze and you can shake my hand and feel flesh gripping yours...I simply am not there.

  71. #71
    Masher
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    Damn, I was hard at work figuring out how to boycott a product I would never use in the first place.

  72. #72
    Mai
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    This over and the micro brewery won

    Two roads diverged in a yellow wood and I,
    I took the road less traveled by and
    It has made all the difference. R Frost

  73. #73
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    It should be Ben and Jerry's who sues

    For as long as I have been alive, I remember Ben and Jerry's having a 25 scoop treat called the "vermonster"

  74. #74
    Its got what plants crave
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    Monster is dumb but so is this thread. Can't say I care too much about some obscure brewery much less the Monster corporation.
    Ocala Mountain Bike Association - www.omba.org

  75. #75
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    i love lamp. op go eat a chocolate covered squirrel

  76. #76
    mnoutain bkie rdier
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    VerMcDonalds

    I have a plan. I am going to start a hamburger chain and call it VerMcDonalds. Instead of the Big Mac, we will call ours the Ver Mac.

    Do you think I might have any issues here? I need some advice

  77. #77
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    rydbyk: Inconceivable.

    Inigo Montoya: You keep using that word. I do not think it means, what you think it means.
    Before you assert your vast legal insight too much, you may want to consider "AMF Inc. v. Sleekcraft Boats"

    There's also this issue of the strength of the mark. I would consider "Monster" to be a descriptive or suggestive mark, and as such not afforded the level of protection that a fanciful or arbitrary mark would be.

    I'm no expert in IP Law. I wouldn't consider the lawsuit frivolous. I don't think Monster's lawyers believed they would win this one in court, either. I think they were playing "my legal budget is bigger than your legal budget."

    Par for the course, yes, but still a rat b@stard thing to do...
    Last edited by Dreamerof1; 10-22-2009 at 08:58 AM.

  78. #78
    (not that fast)
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    Just so we are for sure about who to boycott, here is the rest of this list on who is in "bed" with monster. We're talking one giant california king here, big old sponsor orgy.
    Attached Thumbnails Attached Thumbnails Boycott Specialized and Monster Energy...-bed.jpg  


  79. #79
    My other ride is your mom
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    well dang.....if I boycot everyone connected to monster....all I will have left is a naked frame with no components.....

  80. #80
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    Quote Originally Posted by Maadjurguer
    well dang.....if I boycot everyone connected to monster....all I will have left is a naked frame with no components.....
    no kidding!

    I won't give up my 5.10s though!

  81. #81
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    OP:

    I apologize for the fact that you're retarted.

    You fail to realize that Monster sponsors a bunch of athletes, not just the two that Specialized also happens to sponsor. Specialized's only relationship with Monster is that they both sponsor the same two dh racers. If you have a problem with Monster you should be bitter at Sam and Brendan, not the company that makes the bike they race on.

    I can think off the top of my head a pretty large amount of sponsored mtb personalities that have Monster as one of their sponsors... Why don't you go do some homework and whine about them being terrible people because they have jobs and get paychecks from a company.

    Give me a freakin break.

  82. #82
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    Quote Originally Posted by rydbyk
    I have a plan. I am going to start a hamburger chain and call it VerMcDonalds. Instead of the Big Mac, we will call ours the Ver Mac.

    Do you think I might have any issues here? I need some advice

    Except the brewery had entered a completely different market. Beer / Energy Drink - not the same thing. And monster did not go after a much larger company who also used the term "vermonster".

    They're picking on the little guy.

  83. #83
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    Congrats Rock Art Brewery! time to find your beers!
    2010 Trek 4300 Disc

  84. #84
    mnoutain bkie rdier
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    I am going to boycott mountain biking as a sport

    We as fellow mountain bikers have let an energy drink company infiltrate the system. I am extremely dissappointed in all of you...including myself. I quit. I hope Monster is not involved in jogging. I will dedicate my free time to jogging now.

  85. #85
    Afric Pepperbird
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    I'd rather shave off my nipples than buy a Specialized, anyway.

  86. #86
    Pastor Josh
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    they won... all is right with the world again...

    http://www.rockartbrewery.com/
    Character trumps Charisma every time.

  87. #87
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    Wonder why they did not go after Ben and Jerry's as well. http://en.wikipedia.org/wiki/Vermonster

  88. #88
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    b/c Hansel Beverages(Monsters parent company) sent a Cease and Desist due to Monster Energy Drink possibly entering the alcoholic beverage market.

    Should Monster want to release an energy ice cream, i'm sure they'll try with Ben & Jerry's, except Ben & Jerry's is also a billion dollar corporation with the means to fight Monster and win.

    besides Ben and Jerry's has more pressing issues at hand, like supporting a cop killer.
    http://www.wnd.com/news/article.asp?ARTICLE_ID=22524
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  89. #89
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    Thanks Marshall Willanholly

    without your lamp this thread would be worthless...

  90. #90
    willtsmith_nwi
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    1) Specialized didn't do anything. The fact that they make the only gloves, shoes and saddles that fit me correctly means I will keep buying. I just ordered a pair of Specialized Defrosters. Why do I care if Monster is a Co-Sponsor of the same race team. I don't drink the stuff anyway.


    2) Part of the trademark deal is that you are required to defend it. "Vermonster" beer is probably harmless, but someone else could use their failure to defend as precedent. Basically, they HAVE to sue. The brewery should just change the name and get it over with.

  91. #91
    Just Ride.
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    The trolls are funny in this thread. ahhaha

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