Corporate BS

[Slogo]

Monster-maker to Vt. brewer: No 'Vermonster' beer

MORRISVILLE, Vt. – Forget David and Goliath. This fight's between Matt and Monster.

The maker of Monster energy drinks has taken aim at a Vermont brewery that sells a beer called "The Vermonster," ordering it to stop selling, advertising and promoting the craft brew because it could confuse consumers.

The energy drink-maker, Hansen Beverage Co., wants tiny Rock Art Brewery to stop using the name "Vermonster" on the barley brew and to compensate it for its attorneys' fees.

Matt Nadeau, who owns the brewery with his wife, Renee, says he's been told by five trademark attorneys that the law is probably on his side, but that proving it through lengthy litigation could bankrupt him.

"This is just about principle," said Nadeau, 43. "Corporate America can't be allowed to do this, in this day and age. It's just not right."

The beer is made at Rock Art's small warehouse brewery in Morrisville, which employs seven people, and is sold in 22-ounce brown glass bottles. It hit the market in 2007, and is now sold in Vermont, Massachusetts, Pennsylvania, New Jersey, Connecticut and Arizona.

Based in Corona, Calif., Hansen sold over $1 billion worth of Monster drinks last year. The products carry a distinctive three-line logo designed to look like a claw mark.

"A lifestyle in a can," its Web site proclaims.

The dispute began last month, when a lawyer for Hansen Beverage sent an e-mail message to Nadeau's attorneys saying the brewer would "undoubtedly create a likelihood of confusion and/or dilute" Hansen's trademark.

The Hansen lawyer who wrote the e-mail, Diane M. Reed, declined to comment. A telephone message left for a Hansen spokeswoman wasn't returned.

Nadeau contacted Reed to say the products are in two different markets — beer and energy drinks — and offered to surrender any rights to use the name on an energy drink. According to Nadeau, Reed said that's not Hansen's concern, but that Hansen wants to enter the alcoholic beverage market.

"I said `Too bad, I'm already here.' I've been here. And I'm already brewing beer," said Nadeau.

Such warning letters aren't unusual in trademark disputes.

"The way the law is arranged, the holder of a trademark has to be very aggressive in defending it, even when it's overreaching," said Douglas Riley, Nadeau's trademark attorney. "If you miss a legitimate infringement, people will point out in later years that you weren't defending your properties. You can lose it if you don't defend it, so you err on the side of caution.

"Escalator, aspirin, celluloid were once trademarks and they became common jargon because the owners didn't defend them or find a way to stop people from using those names," Riley said.

He said he's in discussions with Hansen Beverage representatives.

David S. Welkowitz, a trademark law expert who's not involved in the case, says there isn't a hard-and-fast answer, but that litigating the dispute could take a long time — and a lot of money.

"People don't have to believe that Hansen makes the beer, they simply have to believe that Hansen approved of it or licensed it," he said.

Nadeau has taken his beef online. Rock Art's Web site headlines a description of the dispute as "Rock Art Brewery vs. Corporate America."

And his supporters are taking up the cause.

"Letting you know I've stopped buying all Hansen/Monster products until you back off on rockartbrewery," one person wrote on Twitter. "Cheering for David v. Goliath," wrote another.

One Vermont store decided to boycott Monster.

At Beverage Warehouse, in Winooski, co-owner George Bergin has taken Hansen and Monster products off the shelves and is telling customers why. Monster is the store's best-selling energy drink, and sales may be lost, but that's OK, he said.

"At least we're getting their attention," Bergin said. "Maybe, hopefully, (Hansen) thought they'd send a threatening letter and realized that Vermont's the kind of place where people stand up for each other, and this might've been a mistake."

[KatRN05]

God forbid they have a bit of competition.

[TitsMcGee]

What douche bags...

[jynxxxedangel]

Just because they have sold a few bazillion energy drinks, they think they own the word "monster"?!

Is there such thing as energy drink-induced megalomania? Lay off the sauce, guys. Seriously.

[darknight1]

How is he infringing on their name? He named his beer "Vermonster" didn't he? He's not calling it Monster or anything. Panicky corporate bastards.

[candyman]

Wait! We need a taste test to see who gets the rights! Ahh shit who am I kidding Vermonster is going to be much better than the nasty Monster...especially after four or five of them.

[Tacohitts]

This is why I hate corporations and that shitty corporate attitude.

there is a "business" attitude and then there is a "corporate"screw over everyone attitude.

[Msterbeau]

God forbid they have a bit of competition.

It's not even competition. They each sell products in different market segments. Idiocy...

[Rev.Reverence]

There ARE other alcoholic beverages of this caliber...whilst I do recognise your rights to poison yourselves as you see fit...I must tell you...anytime you are mixing the taurine with the caffeine with the alcohol, you ARE making your kidneys & liver work triple time; in addition to processing the other poisons in your diets...not to mention the staggering amount of peoples that are out drinking tese cocktails WITH their prescription meds...BAD IDEA...unless if you WANT to have failing livers before you are 55, like Grampa-Chaz did...he at least got to drink beers ALL DAY for 20 years...these new cocktails are far more deadly than just beer...

*This has been a message of TRUTH.*

*Brought to you by GOATMINISTRIES, a subsidiary of Haus Ov Khaos.*

Edited October 13, 2009 by Rev.Reverence

[KatRN05]

I think most energy drinks are disgusting, nothing but excessive amounts of sugar and caffeine. Soda is equally as terrible. I'll stick with my decaf tea, my decaf coffee and my water with my little lemonade-to-go thingies.

[n0Mad]

I'm all for boycotting Monster. Where do I sign up? Go Vermont! And Vermonster!

[creatureofthenyte]

He could just change the spelling of his beer's name to: Vermontster.

I know that looks lame, but it would probably get the issue over with.

[Slogo]

The part that gets me on this is that Monster knows they don't have a case but they don't care, because this guy can't afford to fight it.

I think there was a thread on how we feel about American corporations. As far as this one's concerned... I'll be sure not to buy anything of theirs again

[Tacohitts]

[Slogo]

I LOL'd

[Tacohitts]

[Slogo]

^ Which is what we have become

Can we please just make me emperor already

Edited October 14, 2009 by Slogo

[Rev.Reverence]

^ Which is what we have become

Can we please just make me emperor already

This...is a tight pic...reminds me of a Highlander flashback....

(I am viewing it via the hulu...G*D BLESS THE HULU!)

[Slogo]

Napoleon to be exact

[Nightgaunt]

I think it says something about how much the average American has been dumbed down to the point that people would confuse the two products.

[taysteewonderbunny]

Funniest thing about the Napolean portrait following the logo flag is Google's logo on the portrait. I guess we ARE that logo flag already.

[TheGimp]

Napoleon to be exact

you cant forget his horse Pumpernickle

yes his horse was named pumpernickle after the bread

btw

GO BEER

[n0Mad]

Funniest thing about the Napolean portrait following the logo flag is Google's logo on the portrait. I guess we ARE that logo flag already.

I'm surprised nobody has mentioned the face yet. Look at Slogo's avatar, then look at Napoleon, then back at Slogo, and so forth.

[taysteewonderbunny]

I'm surprised nobody has mentioned the face yet. Look at Slogo's avatar, then look at Napoleon, then back at Slogo, and so forth.

Oh. Sorry. My eyes notice text first, like "Google" and "Hannibal." I'm not good at reading faces. That's why I prefer typing at folks. But, yeah, you're right. Slogo, I didn't know you were French. lol. How's the wife?

[Rev.Reverence]

I'm surprised nobody has mentioned the face yet. Look at Slogo's avatar, then look at Napoleon, then back at Slogo, and so forth.

Oh, yeah I did.....I think it first appeared over in the photoshop thread...