Monster Energy Drinks attack VT Microbrewery

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FreakinA said:
In order to protect Hansen's valuable Monster Energy(R) trademarks,
Hansen is legally obliged to, and routinely sends, cease and desist
letters to any entity and person who use or attempt to register similar
trademarks for products that are similar or related to Monster(R)
products.
Click to expand...

I guess I'm just obliged to routinely never buy your products again.
 
They attached something to me, but im not exactly sure how to post it up here, I opened it in google documents, but dont really know how to get an attachment into this. Anyone with advice and Ill throw it up here?


"HANSEN BEVERAGE COMPANY
550 Monica Circle, Suite 201
Hansen Beverage Company Responds to Inquiries
About Vermonster Cease and Desist Letter
October 14, 2009
About Hansen Beverage Company and Monster Trademarks:
“Monster Energy ®,” “Monster®,” “ ” and “
®”
Hansen Beverage Company manufactures and distributes the famous MONSTER
ENERGY® line of energy drinks and owns trademark registrations for the famous marks
in the U.S. and throughout the world for beverages, branded apparel and other products.
Over the last eight years, Hansen Beverage Company has spent many millions of dollars
promoting and establishing awareness for these trademarks around the world and has
additionally spent millions of dollars registering and protecting these trademarks which
are the Company’s single most valuable asset.
In July 2009, it came to the attention of Hansen Beverage Company that Rock Art
Brewery, LLC had filed an application to register a federal trademark throughout the
United States in connection with Rock Art’s Vermonster beer product.
In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is
legally obliged to, and routinely sends, “cease and desist” letters to, and where
appropriate, pursues litigation against, entities and persons who use or attempt to
register similar trademarks for products that are similar or related to Monster
Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on
September 4, 2009.
Hansen is a publicly traded company with an obligation to its shareholders to
vigorously defend its valuable trademarks and intellectual property rights against
dilution, potential infringement or confusion. Opposing the same or similar
trademark applications is standard protocol for Hansen Beverage Company, as it is
for all other consumer product companies.
1
Hansen has not, and does not, target or single out one company over any other, nor
distinguish between big or small companies or individuals when enforcing our
trademarks. The size of the third party misappropriating or infringing the Hansen’s
trademark rights is irrelevant.
Hansen management has been working with Rock Art Brewery toward an amicable
solution.
As part of prudent business practice, Hansen Beverage Company will continue to
take appropriate action to protect its trademark rights and property."
 
Here is the text of their press release that they sent to those that have complained:

Hansen Beverage Company Responds to Inquiries About Vermonster Cease and Desist Letter

October 14, 2009

About Hansen Beverage Company and Monster Trademarks:
“Monster Energy ®,” “Monster®,” “” and “ ®”

Hansen Beverage Company manufactures and distributes the famous MONSTER ENERGY® line of energy drinks and owns trademark registrations for the famous marks in the U.S. and throughout the world for beverages, branded apparel and other products.

Over the last eight years, Hansen Beverage Company has spent many millions of dollars promoting and establishing awareness for these trademarks around the world and has additionally spent millions of dollars registering and protecting these trademarks which are the Company’s single most valuable asset.

* In July 2009, it came to the attention of Hansen Beverage Company that Rock Art Brewery, LLC had filed an application to register a federal trademark throughout the United States in connection with Rock Art’s Vermonster beer product.

* In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is legally obliged to, and routinely sends, “cease and desist” letters to, and where appropriate, pursues litigation against, entities and persons who use or attempt to register similar trademarks for products that are similar or related to Monster Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on September 4, 2009.

* Hansen is a publicly traded company with an obligation to its shareholders to vigorously defend its valuable trademarks and intellectual property rights against dilution, potential infringement or confusion. Opposing the same or similar trademark applications is standard protocol for Hansen Beverage Company, as it is for all other consumer product companies.

* Hansen has not, and does not, target or single out one company over any other, nor distinguish between big or small companies or individuals when enforcing our trademarks. The size of the third party misappropriating or infringing the Hansen’s trademark rights is irrelevant.

* Hansen management has been working with Rock Art Brewery toward an amicable solution.

* As part of prudent business practice, Hansen Beverage Company will continue to take appropriate action to protect its trademark rights and property.
Click to expand...

In other words, it seems they've learned nothing from the public outcry and don't give a ****.
 
In defense of Monster (I know not popular) the law is on their side and their lawyers are going with the conservative approach to protecting their mark. Marks like Monster (R) are a big money thing and they cannot affoard to be "nice" by letting little guys slip through the cracks. The law and case law show that such action could severely hurt the value of their mark.

However, in this case, I do not believe they have a real leg to stand on. I am sure they know this too and are just crossing i's and dotting q's to protect themselves. I am sure they are not out to "screw the little guy". Very few lawyers are in-fact that big of jag offs. They will probably reach some settlement with Rock Art and all will be fine.

Maybe I will eat my words, but I hope Monster will be reasonable and not get out the tape measure to see who has bigger.... I mean.... more money.
 
Boerderij_Kabouter said:
In defense of Monster (I know not popular) the law is on their side and their lawyers are going with the conservative approach to protecting their mark. Marks like Monster (R) are a big money thing and they cannot affoard to be "nice" by letting little guys slip through the cracks. The law and case law show that such action could severely hurt the value of their mark.

However, in this case, I do not believe they have a real leg to stand on. I am sure they know this too and are just crossing i's and dotting q's to protect themselves. I am sure they are not out to "screw the little guy". Very few lawyers are in-fact that big of jag offs. They will probably reach some settlement with Rock Art and all will be fine.

Maybe I will eat my words, but I hope Monster will be reasonable and not get out the tape measure to see who has bigger.... I mean.... more money.
Click to expand...

The thing is that they filed their trademark under non-alcholic beverages and sodas, Rock Art filed theirs under beer. Plus when I heard monster when referring to a sugar'd up can of crap, I think of monster energy drink, when I hear vermonster I think of something totally different. Sorry, just typing out loud :)
 
humann_brewing said:
The thing is that they filed their trademark under non-alcholic beverages and sodas, Rock Art filed theirs under beer. Plus when I heard monster when referring to a sugar'd up can of crap, I think of monster energy drink, when I hear vermonster I think of something totally different. Sorry, just typing out loud :)
Click to expand...

You are right. This is why I think the whole thing will end fine. However, that is a very gray area which is why I can understand Monster's move.
 
I contacted Monster, Hansen's, and the local Bay Area news station. I'll contact more news sources after work.
 
This is a half serious idea here, but how about printing a bunch of these out and sticking them all over the monter products in stores

rock-art-the-vermonster.png
 
FreakinA said:
Oh gosh the bay area will be alllll over that.
Click to expand...

I pointed out that California alone has over 250 breweries, many of which are in our own (Bay Area people) backyard.

humann_brewing said:
This is a half serious idea here, but how about printing a bunch of these out and sticking them all over the monter products in stores

rock-art-the-vermonster.png
Click to expand...

I thought about that, but that'd cost the store owners more than company. I think a letter to smaller shops selling Monster products informing them of the company's actions and reminding them that Rock Art is a small "Mom and Pop" shop like their own, and that they should back their own kind, would be more effective.

humann_brewing said:
The thing is that they filed their trademark under non-alcholic beverages and sodas, Rock Art filed theirs under beer. Plus when I heard monster when referring to a sugar'd up can of crap, I think of monster energy drink, when I hear vermonster I think of something totally different. Sorry, just typing out loud :)
Click to expand...

I ended my email to Monster and Hansen by reminding them that nothing they ever put out (alcoholic or not) will ever be in danger of being confused with a QUALITY craft beer.
 
My buddy's comment on the situation... lol

"Monster tastes like a bag of ********, so it is only natural that the company would behave like bag of ********. Never buying their products again."
 
humann_brewing said:
The thing is that they filed their trademark under non-alcholic beverages and sodas, Rock Art filed theirs under beer. Plus when I heard monster when referring to a sugar'd up can of crap, I think of monster energy drink, when I hear vermonster I think of something totally different. Sorry, just typing out loud :)
Click to expand...


The issue at hand is uncovered here actually: http://blogs.pe.com/business/2009/10/maker-of-monster-energy-drinks.html

to quote the most telling part:
In other news reports, Nadeau said he appealed to Hansen with a deal -- he'd promise to not go into the energy drink biz if Hansen wouldn't go into the beer-brewing business.

Apparently Hansen declined, and there might be a reason why.

Infusing energy drinks with alcohol has become a popular pastime for drink makers looking to expand their market (why not if the likes of Red Bull and Coke become mixers for cocktails any way). In Hansen's list of "Monster" related trademarks are two that appear to be doa as far as a trademark application goes but makes it look like Hansen might try its hand at an alcohol-infused version soon.

"Monster Malt Liquor" was proposed as a trademark back in December 2004 but was abandoned by the company in July this year.

"M Monster Mutant", described as "flavored brewed malt beverages" was proposed in September 2006 and abandoned in July too.

Marsh, Hansen's lawyer, wouldn't discuss Hansen's beverage plans.
Click to expand...

So essentially Hansen is planning an alcoholic version of Monster. An ALCOPOP or as those in the industry prefer to call them malternative beverages or something silly like that. We all know who drinks like that are aimed at. Underage drinkers!

So sadly they will likely fight this to the end to defend their yet to be produced Alcopop brands.
 
I do hope they do work something out.
Their initial letter though really set the tone though. Stop using Monster in your products and pull all products and advertising associated with those product. Oh, and by the way, we need you to pay for the lawyer fees it cost us to draft this hemorrhoid up... Monster is showing quite a few teeth if you ask me.

If they were trying to come to an agreement then I certainly hope rock art brewery would announce it. I doubt it though and I will continue my boycott.
 
Oops! I just bought a bunch of Hansen's Apple juice to make some apfelwein! :mad:

Should have read this thread first...
 
Just got it too. Sounds like they are kind of trying to cover thier asses, but at the same time say they did nothing wrong. I think the public outcry made them realize they F-ed up big time and that maybe they should try to work something out.

I call BS. They claim to be "legally obliged to send cease and desist letters to anyone attempting to regiser similar produtcs..." Yea right. Even if they were trying to get into the alcopop industry, it still couldn't be more different from a quality Barleywine.

They also claim to be looking out for their shareholders by "defending their name". What threat does "Vermonster" have to their product?

Please note that Hansen Beverage Company presently has not filed a
lawsuit against Rock Art Brewery, LLC.

Hansen had sent a "cease and desist" letter to Rock Art Brewery on
September 4, 2009, after learning that Rock Art had filed an
application to register a federal trademark throughout the United
States in connection with "Vermonster" in July 2009.

In order to protect Hansen's valuable Monster Energy(R) trademarks,
Hansen is legally obliged to, and routinely sends, cease and desist
letters to any entity and person who use or attempt to register similar
trademarks for products that are similar or related to Monster(R)
products.

Please see the attached response from Hansen Beverage Company about the
cease and desist letter sent to Vermonster.

Regards,

Consumer Relations
Hansen Beverage Company
Click to expand...

Hansen Beverage Company manufactures and distributes the famous MONSTER
ENERGY® line of energy drinks and owns trademark registrations for the famous marks
in the U.S. and throughout the world for beverages, branded apparel and other products.
Over the last eight years, Hansen Beverage Company has spent many millions of dollars
promoting and establishing awareness for these trademarks around the world and has
additionally spent millions of dollars registering and protecting these trademarks which
are the Company’s single most valuable asset.
In July 2009, it came to the attention of Hansen Beverage Company that Rock Art
Brewery, LLC had filed an application to register a federal trademark throughout the
United States in connection with Rock Art’s Vermonster beer product.
In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is
legally obliged to, and routinely sends, “cease and desist” letters to, and where
appropriate, pursues litigation against, entities and persons who use or attempt to
register similar trademarks for products that are similar or related to Monster
Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on
September 4, 2009.
Hansen is a publicly traded company with an obligation to its shareholders to
vigorously defend its valuable trademarks and intellectual property rights against
dilution, potential infringement or confusion. Opposing the same or similar
trademark applications is standard protocol for Hansen Beverage Company, as it is
for all other consumer product companies.
1
Hansen has not, and does not, target or single out one company over any other, nor
distinguish between big or small companies or individuals when enforcing our
trademarks. The size of the third party misappropriating or infringing the Hansen’s
trademark rights is irrelevant.
Hansen management has been working with Rock Art Brewery toward an amicable
solution.
As part of prudent business practice, Hansen Beverage Company will continue to
take appropriate action to protect its trademark rights and property.
Click to expand...
 
"Hansen is a publicly traded company with an obligation to its shareholders to
vigorously defend its valuable trademarks and intellectual property rights against
dilution, potential infringement or confusion. Opposing the same or similar
trademark applications is standard protocol for Hansen Beverage Company, as it is
for all other consumer product companies." The only damn common denominator is you must drink both of them. DUH, I thought I was drinking an energy drink but just after lunch, I puked on my boss and passed out......... WTF
 
I just sent another letter calling bull****, and saying I'd continue my public boycott of all Hansen's products until they make a public apology and resignation to Rock Art Brewing Co.

Hopefully all of this will increase publicity for Rock Art.
 
humann_brewing said:
Yeah, I get to boycott Anheuser Busch too:

http://www.anheuser-busch.com/Press/hansen_distribution_020907.html

found here:
http://www.washingtoncitypaper.com/...ck-art-brewery-can-twitter-and-facebook-help/
Click to expand...

Actually, I never sent a letter to hansen's. I sent my letter directly to AholeButtlicker so it must have been forwarded. Just thought you all would like to know. I just couldn't bring myself to send a letter and make the queer on the website cry so I just went right to the source with all the money. Weird huh?
 
I kinda figured someone would have got that e-mail before me, however I never e-mailed Hansen's.....Scouts honor. It was really surprising to me unless it came from the Monster website. I did write there and AB. Oh well, I see there point and I still hate it no matter where it originates. It just doesn't make sense. F***ers. Next thing you'll hear is that the American Flag is offensive and the theme song to Monday night football is sung in Spanish.
 
They can write all the press releases they want. As long as they want Rock Art to change its Vermonster then the are being a bunch of bullies.
 
I got the same lame form letter response from them too.

Being a Vermonter it is all over the place here, and I am very excited every time I hear that it is making national headlines. Thanks to all of you for your support of one of our local breweries. I hope that people continue to cry foul until Monster backs down.
 
k1200rsvt said:
I got the same lame form letter response from them too.

Being a Vermonter it is all over the place here, and I am very excited every time I hear that it is making national headlines. Thanks to all of you for your support of one of our local breweries. I hope that people continue to cry foul until Monster backs down.
Click to expand...

Well if they say they are just doing what will earn the most for their shareholders, they'll definitely back off with all of the bad press.
 
I'm drinking a Vermonster right now. I would definitely recommmend it. A good strong barleywine with a very bold hop presence(100 IBU). I figure that I usually drank about 6 Monster Energy drinks per week @ $2.50 apiece. The Bomber of Vermonster cost $7.50. I boycott Monster, and every third day, drink a bomber of good barleywine. Same amount of money, diverted to the people who deserve it. Sounds like a good plan to me.
I actually called Rock Art today to find out where they distribute in PA. I told her that I heard about what was going on, and she seemed very happy and excited to field my phone call. Long story short, I found out where I could purchase their product. I'm glad I did.

P.S. F%&K Monster!!!
 
annasdad, I am SO happy to hear that. I didn't know you could get it down there but good job on finding where you could get it. 7.50 is not bad at all, they go for about the same in VT too.

I'm talking to my girlfriend now (I'm in Montreal for school, she's in Burlington) and according to her its the talk of the town. Students, people on the street, people in restaurants: all outraged.

A Monster truck (distribution or free Monster, generally) passed her and an instructor today and the instructor asked "Is that truck even allowed here?"

GOOD!!
 
Hell, I would have stopped that truck and told him the story. I certainly told the roach coach driver to stop selling that crap or I wouldn't buy from him again, even though I shouldn't anyway. Homebrew + Coach = a loud day.
 
Baja_Brewer said:
annasdad, I am SO happy to hear that. I didn't know you could get it down there but good job on finding where you could get it. 7.50 is not bad at all, they go for about the same in VT too.

I'm talking to my girlfriend now (I'm in Montreal for school, she's in Burlington) and according to her its the talk of the town. Students, people on the street, people in restaurants: all outraged.

A Monster truck (distribution or free Monster, generally) passed her and an instructor today and the instructor asked "Is that truck even allowed here?"

GOOD!!
Click to expand...

Well, good luck to Rock Art Brewery, and for that matter, to "little guys" everywhere. WE are the consumers, WE are the ones who spend our hard earned money, and WE are the ones who will make the difference. Fight on my friends. Before long, we'll have hansen apologizing for it's schoolyard bully actions.
 
My reply to their form letter:

I have read your complaint and still find it reprehensible. Your 'cease and desist' order still amounts to nothing more than bully tactics with no reasonable business case for prosecution other than to use court proceedings to stifle marginal future competition. If the company in question had greater resources I don't think it would be any more of a target than any other company that uses the 'monster' series of letters in its product. I stand by my earlier position.


Dan Geddes
 
All we have to do is keep spreading the word. Even if Monster feels that they will lose millions in future revenue due to the "confusion" caused by these names we can easily cut that amount off of their bottom line with a widespread boycott.

What do you guys think I would be able to put on a t-shirt without getting my a** sued? You can make them at www.cafepress.com and sell them for the minimum amount and not make any profit. I'm sure there's other similar resources as well.
 
As Gremlyn1 pointed out on page 2, Ben and Jerry's has offered a "Vermonster" for well over 20 years. It's a massive sundae that takes a lot of people to finish. Funny thing, as it's a) prior art, b) Hansen isn't going to touch Unilever, and c) Unilever *might* have a complaint, but they haven't said a peep (Also, ice cream is not beer).

What a load of BS. Great advertising for Rock Art though, they make some tasty stuff.
 

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