Monster Energy Drinks attack VT Microbrewery

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Doing what's right when everyone is watching is very different than doing what's right when no one is. In this case, because of the internet/media/grassroots support, everyone was watching.

I understand your comments and rational, but my opinion of Monster hasn't changed.

I totally agree. Here is the latest statement from the rock art website.

Thank you ! Vermont, America and everyone for your efforts. you can all say that you were a part of this event!
I raise a glass to you all as I type this in Morrisville, Vermont U.S.A.
I have the statement here, a three part letter including a time line of events from September 14th to October 21st.
This media event lasted only 21 days!
[PDF Warning]
America, you have contributed to a powerful tool, traditional media combined with social media, what do you want to do with that tool as we move forward?
Sincerely, Matt Nadeau
 
I just re-read that letter and it brings a tear to my eye. Matt Nadeau is one happy man, rightfully so. He won that battle, hopefully without too many personal costs, and that is a huge step forward for small businesses. And for Matt.

Not only has he received a massive amount of publicity due to this issue, he came out victorious. I'll be buying a t-shirt from him to hopefully help him recover some of his legal costs, and I'll be going to the brewery next time I'm home in VT to buy his beer, so that he can get all the mark-up value.

Long live craft breweries, long live Rock Art, long live Vermonster(s)!
 
Doing what's right when everyone is watching is very different than doing what's right when no one is. In this case, because of the internet/media/grassroots support, everyone was watching.

I understand your comments and rational, but my opinion of Monster hasn't changed.

I agree 100%
 
Why did Monster want to bully them anyway? They practically have a monopoly over here in Iraq as far as energy drinks go. There's some Redbull but mostly there are cases and cases of Monster which I, for one, will no longer be drinking. It's Green Beans Double White Chocolate Mocha Latte from now on.
 
There's a growing trend of having alcoholic energy drinks. So, there's little correlation NOW, but if Hansen wanted to make an alcoholic version of Monster, suddenly it's a lot closer in name and subject.

Depending on how their CEO responded, I likely would have made some smart ass comment about "Sure, we'll stay out of energy drinks, does that mean you're staying out of beer/alcohol?" Because now that it's agreed that Vermonster doesn't infringe, it gives them prior art for that in the beer/alcohol category, which means Hansen would either be infringing, or would need to create a new brand.
 
I'm just waiting for the word "the" to become trademarked and a furious legal battle ensuing.

Yeah really! The sad thing is that I could see this happening.....

Lance Armstrong's "Live Strong" Co. kind of left a bad taste in my mouth after I heard about them trying to sue a company that made rubber cat and dog collars that said "Bark Strong" and "Meow Strong". I don't know the outcome of that case, but the whole Hansen Beverage Co. debacle reminded of that. It's almost like these companies have nothing else better to do than start trouble. It's like they go lookin' for it!
 
Ack. Corporate greed knows no boundaries. Yeah, I know: there's a fine line between protecting your intellectual property and being a power hungry *******.
 
It's almost like these companies have nothing else better to do than start trouble. It's like they go lookin' for it!

Kind of true, most big companies have lawyers on salary to look for stuff like this. So if they don't find things they might become a good place to cut the budget. That said I still don't like it, but someone is just trying to do their job.

This really makes me happy thinking about how we still do have a democracy here. It is really awesome this worked. In response to his question about how we should use this tool. How about finding other cases and plugging that in to the network that was created through this injustice?
 
Kind of true, most big companies have lawyers on salary to look for stuff like this. So if they don't find things they might become a good place to cut the budget. That said I still don't like it, but someone is just trying to do their job.

This really makes me happy thinking about how we still do have a democracy here. It is really awesome this worked. In response to his question about how we should use this tool. How about finding other cases and plugging that in to the network that was created through this injustice?

They obviously weren't working too hard (Re: Brooklyn Brewery's "Monster Barleywine")
 
They obviously weren't working too hard (Re: Brooklyn Brewery's "Monster Barleywine")

Haha, no s***. That's a hell of a gig too, sit in a office all day, surfing the web for any product that slightly resembles your name, and then going after em'! I'm sure it pays well too.....

How do they sleep at night?!?!?!
 
Sounds like a good opportunity for a Rock Art Oktoberfest celebratory beer! Maybe the "Rocktoberfest" anyone? :p
 
There's a growing trend of having alcoholic energy drinks. So, there's little correlation NOW, but if Hansen wanted to make an alcoholic version of Monster, suddenly it's a lot closer in name and subject.

Depending on how their CEO responded, I likely would have made some smart ass comment about "Sure, we'll stay out of energy drinks, does that mean you're staying out of beer/alcohol?" Because now that it's agreed that Vermonster doesn't infringe, it gives them prior art for that in the beer/alcohol category, which means Hansen would either be infringing, or would need to create a new brand.
I might have misread an article, but I think an agreement, in writing between the two was reached. It sounded like Rock Art will not make energy drinks AND Monster can't make alcoholic drinks. Did I read into that wrong?! Hope not. That sounds like a fair deal to me.
 
Doing what's right when everyone is watching is very different than doing what's right when no one is. In this case, because of the internet/media/grassroots support, everyone was watching.

I understand your comments and rational, but my opinion of Monster hasn't changed.
Exactly. If they people start buying their products again, they'll just keep sending C&D:s to people for ridiculous reasons. If no one notices, they'll get a bunch of money. If people notices and start threatening them with a boycott, they'll just take it back and don't lose anything.
 
Went to Costco yesterday and I really wanted to empty all of the cans of monster they had for sale.

I really happy about the way this turned out. I never bouht monster stuff to begin with so sticking with the boycott is no problem. I did tell some friends about this last night, they had no idea, and they are going to switch to red bull.
 
Haha, no s***. That's a hell of a gig too, sit in a office all day, surfing the web for any product that slightly resembles your name, and then going after em'! I'm sure it pays well too.....

How do they sleep at night?!?!?!

On big piles of cash. :D
 
Even the language in the agreement is telling of the individuals and the companies. I had to read Rodney's statement twice to get it. Matt's point was understood in the first quick scan. I appreciate keeping it simple.

Congrats to Rock Art.
 
Just got this in an e-amil for Hansen

Hansen Beverage Company and Rock Art Brewery
Reach Trademark Agreement

October 26, 2009

Hansen Beverage Company and Rock Art Brewery today issued the following statement in connection with a recent trademark issue:

Hansen Beverage Company and Rock Art Brewery have reached an amicable agreement under which both companies' respective products will be protected - Hansen's Monster Energy® line of energy drinks and Rock Art's Vermonster beer products.

> Rodney Sacks, Hansen's chief executive officer, said: "We are pleased that we were able to resolve this matter expeditiously and put the concerns that had arisen behind us so that both parties can concentrate on their day-to-day businesses, selling their respective high-quality products. Our intent in this matter was simply to protect Hansen's trademarks and prevent any likelihood of confusion arising in the future through potential product extensions and was not to prevent Rock Art Brewery from selling their Vermonster beer."

> Matt Nadeau, owner of Rock Art Brewery, said: "Once Rodney and I were able to talk to each other we quickly appreciated each other's points of view and he acted reasonably, which allowed us to rapidly come to an agreement we are both happy with and allows both of us to move forward positively."

Contacts:

Rodney Sacks
Hansen Beverage Company
(951) 739-6200

Matt Nadeau
Rock Art Brewery
(802) 888-9400
 
FYI, here's the email Hansen Beverage just sent out (I guess I'm on their mailing list of people interested in the trademark dispute because I emailed them about it). Nice to see the uprising of social networks and Internet communities for Rock Art made some difference.

Hansen Beverage Company and Rock Art Brewery
Reach Trademark Agreement

October 26, 2009
Hansen Beverage Company and Rock Art Brewery today issued the following statement in connection with a recent trademark issue:

Hansen Beverage Company and Rock Art Brewery have reached an amicable agreement under which both companies' respective products will be protected - Hansen's Monster Energy® line of energy drinks and Rock Art's Vermonster beer products.

> Rodney Sacks, Hansen's chief executive officer, said: "We are pleased that we were able to resolve this matter expeditiously and put the concerns that had arisen behind us so that both parties can concentrate on their day-to-day businesses, selling their respective high-quality products. Our intent in this matter was simply to protect Hansen's trademarks and prevent any likelihood of confusion arising in the future through potential product extensions and was not to prevent Rock Art Brewery from selling their Vermonster beer."

> Matt Nadeau, owner of Rock Art Brewery, said: "Once Rodney and I were able to talk to each other we quickly appreciated each other's points of view and he acted reasonably, which allowed us to rapidly come to an agreement we are both happy with and allows both of us to move forward positively."

I saw some people on this thread talking about corporate greed. I don't think that's what this was really. The real problem is trademark law, which obligates a company to dispute any potential trademark infraction, even if there's only a remote overlap. So if you want someone to blame, blame the lawyers, not corporate greed. : ) (And in this case I'd say Hansen has over-zealous lawyers, since the connection between Monster and Vermonster is so remote. Now if a brewery decided to name themself "Monster", that would be a legitimate trademark concern).
 
On the Rock Art website:

America You have saved
THE VERMONSTER !!

Your voice has caused corporate america to rethink its position
We can continue to brew our beer as we have since 2006!!

Yea!!! huge victory for the people!!

POWER to the PEOPLE
POWER belongs to the people

MOVING FORWARD AMERICA:

This battle is over, please stop contacting Hansen Beverage !

:ban:
 
Matt just responded to my post on his FB wall that they bottled a new batch of Vermonster on Tuesday... I'm heading down to VT for the weekend, so I'll be doing my best to get a bottle or two. I can't wait to make it over to the brewery!
 

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