Monster Energy Drinks attack VT Microbrewery

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Baja_Brewer

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This just really rubs me the wrong way. Rock Art Brewery located in Morrisville, VT is being attacked by Hansen Beverage Company, owners of Monster Energy Drink, in attempt to get them cease and desist with their Barleywine's name "The Vermonster".... Hansen Bev Co says they're considering moving into the beer market (I call bullshi+) and that the name of this beer would cause confusion. I'm sorry, but beer drinkers will have heard whatever hype Hansen decides to create for whatever drink they make, and should know the difference between that and an $8-9 bomber of (AWESOME) Barleywine. And if they don't...they won't make the mistake more than once.

Here is the article , but I'm just seriously peeved that such a large company would attack an incredible small time operation like this (I know, it happens all the time)

I have never purchased Monster, and now you can be damn sure that I never will. I'm a fan of the boycott put forth by some Vermont businesses, and I hope it will spread. If you're an energy drink consumer, please consider NEVER buying Monster again!!

(I don't really want to debate on this, thats why put it here, I'm just pretty pissed.)
 
This is up there with Beretta Holdings suing Chevy because having a car and a handgun with the same name would be too much for their customer to deal with. Or Sony America suing a delicatessen.

Hansen should also shutdown truck shows and horror flicks.
 
I think the real tragedy here is that some POS lawyers are going to charge them a minimum of $65,000 for legal fees if they take Hansen to court. The problem isn't that large companies attack little businesses, it's that our legal system has become so corrupt that little businesses can't even afford to make a stand!

BTW, Rock art's Belgian IPA is pretty good...
 
I received a cease and disist letter from whomever owns Pete's Wicked because I had a clone homebrew kit for several of Pete's beers.

We had to change the name because the customers would get confused.

They always pull the customer will get confused bull.

Forrest
 
I received a cease and disist letter from whomever owns Pete's Wicked because I had a clone homebrew kit for several of Pete's beers.

We had to change the name because the customers would get confused.

They always pull the customer will get confused bull.

Forrest

Did you change the name to Pete's a Dickhead ale?
 
I think the real tragedy here is that some POS lawyers are going to charge them a minimum of $65,000 for legal fees if they take Hansen to court.

I somewhat agree but I'm sure its not just the lawyers charges, there are plenty of court fees and documentation charges. Not standing up for lawyers here, but I imagine the owners of Rock Art know some decent folks that would possibly cut them a break. Lord knows I would if I was in that position, I'd do as much of it for free as I could... But the lawyers have an excellent point...taking on a company that gross that much in profit may not be in their best interest.

I still, however, think that large companies shouldn't be able to take on the little guys in this manor though...
 
It drives me up the wall when a company or person try to own any use of a word that's been around long before them. I remember when Spike TV adopted their name, Spike Lee sued them over it. They brought in the family of Spike Jones who said they had it first and didn't mind at all. :D
 
i wrote monster telling them I'll never drink their products again. I don't anyway, but if I ever need a caffeine rush, it'll be red bull. . .
 
HBT has nearly 40,000 members. That gives us the power to help a fellow craft brewer. Just sent an email telling them how I will be drinking RockStar from now on.

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

Awesome idea fifelee, I'll be doing that too.

This is the kinda thing that makes me sick about the way our country is being handled sometime, but you have to take the bad with the good.

Anyways, this is serious F**king **** that could really end up hurting an incredible brewery with an incredible story. I can't seem to find their history in print for on the web right now, but they started in a basement in Johnson VT. A BASEMENT. This is exactly what anyone of us has considered at least half a dozen times, and he actually did it. He's worked so hard and deserves his success, not to be hassled because of some stupid name similarity on his product...
 
This is the second post I have read about this kind of thing and its time we all did something about it.

I gave em my .02
 
i wrote monster telling them I'll never drink their products again. I don't anyway, but if I ever need a caffeine rush, it'll be red bull. . .

Ditto.

I don't drink Monster, but I do occasionally buy their "natural" sodas. I won't be doing that anymore.
 
MOD EDIT: Threads merged

In this post Baja_Brewer brought to our attention how a craft brewer is being bullied by Monster Energy drinks for their barleywine named "Vermonster". I fully understand the need for brands and trademarks, but this is a way over the top. Monster Energy is a near global brand. "Vermonster" only makes sense to those living in Vermont and in no way diminishes the Monster Energy brand.

HBT has nearly 40,000 members. I would guess about 10,000 active. Lets see what we can do to help a fellow craft brewer.

I wrote and let them know that I will be drinking RockStar.

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

+1
 
Well, just remember coke puts out monster (they may or may not own them, I don't know) PBG (pepsi bottling group, Pepsico) owns rockstar now. feel free to keep drinking rockstar or switch over. you'll help me keep my job.
 
From my understanding this also happened to Avery brewing. Ell(sp) fashion magazine went after them for Ell's Brown. From the story the Avery brewing rep told us it sounded like Avery's lawyer told him "add an e" and call it done. Apparently then one of the newspapers in NY did a story on little company getting bullied by a big company and his distribution took off. From like 5 states to 13 if memory serves.

Hopefully he can make it a boon as well.
 
I drink a LOT of Java Monster (Well I used to at least) and I just sent mail.

I won't be consuming their product again unless they stop this madness.
 
Pretty sure Ben and Jerry's should be involved on this, since they've had the 'Vermonster' ice cream bucket for years (decades?)

Anyway, sent Monster a nice little comment ending with 'go **** yourselves'
 
From the (poorly written) wiki:

Marketed and distributed by Hansen Natural Corporation, a NASDAQ listed company of Corona, California. Though Monster Energy is not widely advertised in the media it receives a large amount of recognition from its sponsorship of various sporting events. Hansen Natural Corporation announced a distribution agreement with Anheuser-Busch in the U.S.[2] and Grupo Jumex in Mexico.[3] Hansen Natural Corporation has recently announced a distribution deal with PepsiCo Canada.[4] On November 10, 2008, the distribution of Monster turned over to CCE, Coca Cola United, and other Coke bottlers in many markets. Contracts with existing distributors were bought out in these markets. In late 2009 or early 2010 Monster Energy will expand their market and release their products to other countries including Germany. It is distributed in Australia by Schweppes.


Maybe someone should also update it to include their recent legal moves?
 
I love The Vermonster! Its sad to see such a big company trying to push around a little brewery that has such a small market. Just another crappy power move that would not benefit Monster and only hurt Rock Art. Hopefully this backfires for Monster and Rock Art benefits from the publicity like Grummle mentioned.
 
I will name my next beer monster something. Maybe even Monster Something. Or This Is Not Monster Enegry Drink Whick Totally Sucks Goats And Tried To Bully A Great Micro Brewery Called Rock Art Which Totally Rules! Unlike Monster Energy Drink That Totally Sucks Goats. Man Goats At That.
 
Probably should quit drinking the $hit any how.

I am a long time consumer and supporter of monster energy drinks. Usually two every week day and one every day of the weekend. I have recently read an article regarding a cease and desist order issued to Rock Art Brewery for selling The Vermonster Ale on behalf of Hansen Beverage Company. I am thoroughly disgusted by your scorched earth tactics, especially when employed on such a small Vermont mom and pop operation. To cite that the name confuses your customers is inane, not to mention insulting to your customer base. I will no longer a company who use their deep pockets to manipulate the justice system to create such grief for a small honest company. You will not be doing it with my money at least, as I have bought my last Hansen Beverage product... I will also make it a point to share my opinion with my acquaintances at every given opportunity.

Regards,
Jason
 
Pretty sure Ben and Jerry's should be involved on this, since they've had the 'Vermonster' ice cream bucket for years (decades?)

Anyway, sent Monster a nice little comment ending with 'go **** yourselves'

Exactly what I was thinking.
 
I encourage all VT folks to talk to their local business' and encourage them to pull Monster products and Hansen natural products.

Here is a letter I will be handing out to my local business'. Feel free to use it verbatim or modify it as you see fit.

Free the Vermonster, leash the monster!

Dear Vermont Business owner,

As a concerned citizen and supporter of local homegrown Vermont business' I ask you to
please consider showing your support for a fellow Vermont business, Rock Art Brewing of
Morrisville VT.. Rock Art brewery is a local VT micro-brew started by Matt and Renee Nadeau
in 1997. They are producers of hand crafted fine artisanal & imaginative beers of excellent
quality. Made in a relatively small operation with a small crew.
As we all know Vermont is really a special state with many excellent homegrown business'
creating renowned products. We Vermonters are grateful for that fact an choose to buy local
first! Here then is the issue at hand. Corona California based Hansen Natural Corporation has
issued a cease and desist order to Matt and Renee over the use the name Vermonster, one of
Rock Arts fine beers a barleywine style ale. Hansen claims, "...use and registration of the
Vermonster in connection with beer will undoubtably create a likelihood of confusion and/or
dilute the distinctive quality of Hansen's Monster marks.". Monster is a brand of ENERGY drink
(not beer) that Hansen produces. This action is ludicrous and unfounded. Matt plans to stand
up for his product and his rights. I ask that you stand up with him.

What can you as a business
owner do to show support?
• Remove all Monster energy drink ads, displays and products along with any other
Hansen naturals products you stock. Inform your distributors and customers that you
are not carrying these products in show of support for Rock Art, a fellow Vermont
business.
• Contact Nick Gagliardi the COO of Hansen and let him know this is unnacceptable!
Email: [email protected],
Address: 550 Monica Circle, Suite 201 Corona, CA. 92880 Phone 951-520-8120
(work)
• Email Monster and Hansen Naturals Corporation online through their websites:
http://www.monsterenergy.com/web/guest/contact http://www.hansens.com/contact/
• If you carry Rock Art's fine beers consider creating a special display of their products if
you do not already have one.
• Place this letter or other information concerning this matter where customers can see it
so they can make up their own mind

Thank you for your time in reading my request, and thank you for supporting local Vermont
business'!

Best Regards,

There is more information here

and a facebook page here for anyone who thinks this is BS to join

Please help spread the word. Leash the Monster!
 
Excellent links, Zymurgrafi, thanks for putting those up. Glad to see that FB has such a following for it and that BA has already had 4k+ views!!!
 
What's strange about this is it's usually those over priced ******** at Monster cable...

[ame]http://www.google.com/search?client=opera&rls=en&q=monster+cable+company+sues&sourceid=opera&ie=utf-8&oe=utf-8[/ame]

Check the search for the dozens of people they try suing...
 
There is a pretty big uproar at Beer Advocate as well. Here is what the brewer from Rock Art has to say about it. its a pretty long excerpt but has a nice history of the company. Heres the link to the whole thread: http://beeradvocate.com/forum/read/2319476

Hi All,
Matt here from Rock Art, the guy who busted his *&%$@! to create this brewing company 12 years ago. Thank you everyone for your support not only with our beers, but on this ridiculous issue as well.

Here's the skinny: This fight is about principles, right should prevail over wrong, it should not depend on who has more money! When I recited the pledge of allegiance to this great nation of ours I don't remember it saying "and justice for all with the deepest pockets"

These guys want me out of beer with this name because as their lawyer said, and I condense quote "they are not concerned with energy drinks, that monster wants to now get into beer"

I said, "Too bad, I'm already here and I have the name trademarked in the State of Vermont"

I can't let Corporate America steamroll me because they now want to enter my category of love, beer!

Yes, as some suggested, I could change the name and move on. This is not a do or die issue for Rock Art; I have created many successful beers, names and labels and will continue to do so for many years to come. But I'll be *&^%$ off if some corporation from California wants me out of a business that I truly love, just so they can roll in with a new product.

Besides I am a native Vermonter, this name is a play on the state name, I am beer you are energy drinks. Feed back from trademark lawyers in various states say no infringement issue. Why should the deep pockets of Wall St. (yes this is a publicly traded company) be allowed to push me out of what is rightfully mine?

I'm living the American Dream; I've created a successful company doing what I truly love to do, Brew Beer! I believe that what is right will prevail over wrong especially with support from all of you folks.

Here's a snap shot of how I began this wonderful journey of brewing fun, flavorful, beer:

This is where my story comes from. I was the guy at the family dinners that would order some obscure beer off the menu so I could see if it had any flavor to it that I enjoyed. All the family would roll its eyes over at me when I did not follow the norm and order the same industrial beer as the rest. I was the guy who enjoyed going to Montreal for rock concerts at the Forum, not only because green American money would buy you beer at almost any age, but because the Canadian beers back then had flavor to them. I loved the taste of the beers there. So of course home brewing was the next step in this love of great beer. I brewed like a madman. I was brewing one level of beer while reading about the next level. Soon I was cultivating yeast from test tubes and propagating them up to pitching quantities and keeping that culture going for 4-6 months at a time. I loved this new hobby! And to top it all off, you have a great beer at the end. It was classic, I brewed so much that I gave away tons of beer, people would say, "wow this is great you should sell this stuff". Of course after the umpteenth person said this I began to think, can I really do this? I knew it would be one thing to give a person a beer for free and have them love it, but it would be a whole other ball game to have them pay for it and still love it. Well as my day job began to wear on me I started giving this brewery thing traction, I started a supply store in my basement so I could get ingredients at cost( my previous homebrew shop must have felt my loss in sales, sorry guy's no harm intended, I just needed to feed my passion) And there it began.
So there I was working a full time job 13 years ago, made all the phone calls and meetings associated with starting a brewery (and there is a ton) on my 15 min. snack break and half hour lunch break. It was great when the work bell rang in the background of the phone and the ATF Officer ( yes ATF at that time not TTB) would ask what is that?, I'd say, I got to let you go, I have to go back to work now, can I call you later? He even had to meet me in the break area one day to fill out forms!
After licensing I brewed at night and on the weekends while still working the full time job as Renee and I started this with almost no money, a small family loan and credit cards (yes they can do some good for people) I remember kegging beer at 3am and needing to work the day job at 7am, I did this for 3 months until one week I forgot to make the bank deposit, and I found this out because overdraft notices were coming in. Renee and I agreed that I could not keep burning the candle at both ends, so I left my day job, yikes!! Now we are living off Renee's day job only, we had no money. I brewed alone in my basement for 4 years, yes this all started in my basement in 1997 at the same time regional breweries were coming on line with brand new multi million dollar breweries, and the "micro" category sales went flat. Along comes this little Podunk brewery in the basement of someone's house. Yes we had a tough go of it trying to get established at that time, but I knew in my heart that great beer would prevail! And it has! After 4 years with all the money going back into the brewery for more kegs, tap handles, and paying down debt, we had like $12,000 left over at the end of the year! Wow, we were making money now, oh yeah; I forgot I was not getting paid a salary, so after 4 years of busting ass I was paid $12,000. But things were on a roll; I brewed 800 bbls that year all by myself and all that beer had to get lugged out of the basement and loaded on a truck. Yes that was the tough part off the job, but our fans wanted more and I was at capacity in the basement at 25,000 gallons of beer! Then it happened, one of the scariest things for a brewer, I put my back out. During a usual hell week of work 6 -7 days at 14 - 18 hours a day my back tweaked. I had help from family and friends to keg beer, load trucks, eventually hired my first employee, Jesse a Johnson State College Rugby player, to load trucks. Well we made it through that mayhem, and I said to Renee "we either move this brewery, or I'm shutting it down" That year we moved to our present location in Morrisville, VT in 2001. Again we were going negative on the books, more money going out than coming in, we needed to get the bottle line up and running. We bought the old Catamount bottle line in White River Jct. VT. Went down myself to take it apart and help move it along with family and a rigging company.
We put the bottle line in operation, began with 12 oz then expanded to 22 oz (I made all the change over bottle parts for the filler and rinser myself. We've grown to be a well respected craft brewery in the Northern Atlantic area and beyond. Thanks everyone for your support, you have pulled us out of financial distress and made us solid. We are very grateful for all of your support, trust and faith in our beers. If this Monster issue does not wear us down, we hope to be building a new brewery in the near future! So Rock On all my friends, long live THE VERMONSTER!
 
From my understanding this also happened to Avery brewing. Ell(sp) fashion magazine went after them for Ell's Brown. From the story the Avery brewing rep told us it sounded like Avery's lawyer told him "add an e" and call it done. Apparently then one of the newspapers in NY did a story on little company getting bullied by a big company and his distribution took off. From like 5 states to 13 if memory serves.

Hopefully he can make it a boon as well.

Yeah I thin I read that in zymurgy lately. WTF does brown ale have to do with a fashion magazine?? There's even a picture of the dog on the label.

It would be funny to see a bunch of supermodels imbibing imperial pints of avery!
 
I've sent Monster and Hansens a piece of my mind and I hope everyone else does too.

I wish them all the best. If we can't get enough community support to get Hansens to back down or it turns out they don't have the resources to fight the fight, I think they should change the name to VermonTster and then devote half of their label space to explaining exactly why it's spelled that way.
 
I've sent Monster and Hansens a piece of my mind and I hope everyone else does too.

I wish them all the best. If we can't get enough community support to get Hansens to back down or it turns out they don't have the resources to fight the fight, I think they should change the name to VermonTster and then devote half of their label space to explaining exactly why it's spelled that way.

If the T settles it then I'd hope an explanation would be given. That would be a great story to tell at the least. I'm behind Rock Art 100%... keep making that great beer. Change the name to spite Hansen.. then smear embarassment all over their faces with the new label!
 
Ridiculous. It looks like Hansen wants Rock Art to reimburse them for legal fees, too! Seems to me that it should be the other way around! If Rock Art were to win the case, Monster should have to pay the damn bill for both sides! :mad::mad::mad:
 
It really does suck. Any large company will employ attorneys permanently. Their sole job is to look for crap like this and exploit some of the questionable forms of our legal system in attempt for minimal financial gain.
I've always said that people and corporations are inherently evil and it's up to the court system to be above it all. Once again this shows an unfortunate failure of our court system...
 
As a Canadian I told them that I'd never heard of the 'Vermonster' but I'll buy that product long before I'll ever buy 'Monster' drinks. Any possible confusion has been quite adequately straightened out.
 
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