Monster Energy Drinks attack VT Microbrewery

[Mantis]

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?!?!?!

 

[Shooter]

Awesome that everything worked out! I'm off to Rock Art website!!

 

[ThickHead]

Sounds like a good opportunity for a Rock Art Oktoberfest celebratory beer! Maybe the "Rocktoberfest" anyone?

 

[Xiren]

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.

 

[iddqd]

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.

 

[uglygoat]

how does energy drink and ale mix? wtf, has the world gone mad? /rhetorical

 

[forcera]

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.

 

[Ragutis]

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.

 

[endo]

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.

 

[forcera]

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

 

[agusus]

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).

 

[scrambledegg81]

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 !

 

[Baja_Brewer]

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!

 

[Jim Karr]

Cool, cool, cool.......common sense does still exist.