The value of copyright and registered trademark laws is undeniable. Anyone that provides a product or a service can put forth the effort to create a brand that will effectively represent their work and when one reaches a level of success they can rest easy knowing that there are laws in place that protect their efforts and their brand from being copied. This is fair play, a by-product of our democracy where everyone is allowed their shot at the American dream as well as a right to defend it once they are successful.
Recently, Rock Art Brewery, a small, homemade company in Vermont just received a cease and desist order on their newest product called The Vermonster. This order came from the Hansen Beverage Company, makers of the Monster Energy drink, stating that Vermonster is too close to Monster and could prevent the large company from successfully extending their brand to alcoholic beverages in the future.
Husband and wife team Matt and Renee started their brewery in their basement, worked hard and had success. Their new creation called Vermonster was made to celebrate their tenth year in business. This is an American dream come true, an inspiration to anyone seeking to make a living doing what they love.
The Hansen Beverage Company is a billion dollar giant which in many ways IS the American dream. They will take Rock Art Brewery to court over the name of their product and they will lose the case costing Rock Art tens of thousands of dollars, pocket change to the corporate heavy weight Hansen. Hansen will appeal and take Rock Art to court again, and again, and again until Rock Art is facing bankruptcy and forced to comply.
“I have input from 5 trademark lawyers in various states saying: no infringement issue. Clearly a ‘nuisance lawsuit’. You will lose because they have the financial resources that can wear you down till you can not afford to fund the fight, (and) they win by default”
Monster Energy Drink vs Vermonster Beer
Monster Energy drink is another one of those Red Bull copy cat drinks, an overpriced, crappy tasting alternative to coffee. Vermonster is an alcoholic beverage, a barley wine which I have never tried. They are different types of beverages and they market to different demographics yet they are both indeed beverages with the word monster in it. One school of thought says that Hansen should respect the family owned, start up business and let them have their shot at success. But, consider a product called X, and some other company puts out a similar product called VerX. Perhaps VerX is trying to get in on X’s action via name association.
This story is not unique, it happens all the time. “Money talks” and “everyone has their price” are mantras we’ve all heard many times. Companies with huge bankrolls can afford legal procedures and hire lobbyists and are able to get away with malefactions against the environment, and against their fellow business men using the same system of laws and constitutional rights that enabled them to grow their own companies in the first place. This is the just the nature of the beast. I truly can not say I wouldn’t do the same because I don’t have a big company or a brand to defend. The law of the wild is survival of the fittest and we are indeed wild animals, the most ruthless, self serving ones on the planet. I think the main point here was stated by Allyn Hane on his blogger illustrated website, wouldn’t it have been more productive if Hansen gave Rock Art a call and tried to work something out before sending in their dogs.
February 28th, 2010 at 5:10 am
Nice write up. Reminds me of when we got a call from Richard Bransons copyright lawyers. We had run a radio campaign and the voice over referred to our base materials as virgin, ie; not contaminated with any additives. Bransons lawyers maintained that they owned the rights to the word virgin and nonone could describe anything as virgin unless they paid for the privilege… Yep, not even your virgin bride.