OT: Legal Intrigue In the World of Cables

[bovinehost]

Thanks to Strangeglow for linking me to this, which I found fascinating reading.

Blue Jeans Cable Strikes Back - Response to Monster Cable — Audioholics Home Theater Reviews and News

Monster Cables has a history of crushing smaller guys under their wheels.

I have a feeling they won't be crushing Blue Jeans Cable this week.

Interesting no matter which side you think is correct. Biff, I'd be curious about your thoughts on this one.

Jack

 

[muggsy]

That's a great letter. I've been a lawyer for almost 20 years, and by far the most enjoyable part of my job has been the occasional opportunity to write a polite "screw you" letter to somebody who richly deserves it. I think I'm a pretty good writer, but I know great legal writing when I see it, and that's classic.

 

[hankSRay]

As a guy who had 3 monster cables crap out on him within a few months of owning them, I thought that letter was awesome.

 

[RocketRalf]

"Dear Monster Lawyers..."

 

[RitchieDarling]

That made my day!

Absolutely hilarious!

The clowns at Monster are probably looking for new skivvies after reading that!

R

 

[Kristopher]

That is a lot of words.

 

[RobertB]

"Not only am I unintimidated by litigation; I sometimes rather miss it". lol ... that's great.

 

[cky4ever]

the claim not reaching 4 figures got me. pretty true. i found it cynical not funny. although depends how u read into it.

I like it when little guys stand up and wont be stepped on.

 

[TNT]

I'm a big fan of "trademark" protection, especially in this day and age of so many counterfeit and copied products flooding our shores.

However, I understand the need to hold at bay large companies, from intimidating and threatening smaller companies, attempting to gobble them up if the feel they may become competition.

Monster, just do what everyone else does - buy the company!

 

[Big Poppa]

wow

I dont know Blue jean Cables...have been on both sides of ip issues....If they are infringing then his letter is equal smoke but more believable by the masses by virtue of the little guy.

Monster Cable has a tremendous business. The is heavy speculation as to the countries of orgin for the product that they sell at very high prices. Some have out and out said that that there could have been questionable claims in the past regarding country of orgin...
I can tell you that 60 dollar hdmi cables is just not right.

 

[PzoLover]

hats off to the Blue Jeans guy

great thread ... thanx, Jack ...


Go, Little Guy, GO !!!


ATB,
/PL

 

[ekb16b]

That is a lot of words.

i agree

quite hard to read it all in one sitting

 

[kirkm24]

Monster appears to be a massive marketing machine that is pretty effective. When you can get someone to pay $50-$150 for an instrument patch cable that will delivery little to no noticeable improvement in sound quality (especially for live use), you have an excellent marketing campaign. I know a guy that bought a $100 AC power cable from Monster thinking it would be more effective at reducing noise, hum and protecting his gear. While it may do this, a good surge protector with filtering will do the same and at a much cheaper price.

I am not a lawyer but I work in the contracts field so I am very familiar with legalize and this letter is great. I can understand where both sides are coming from as both sides want to protect their interests. I would have to agree that Blue Jeans probably has the upper hand on this one.

 

[Smakbass]

Brilliant letter, something like this happened to our company several years ago by a company that had much success in bullying other companies in a similar manner. Again perhaps unaware that we have on our staff someone very knowledgable about patents and patent law (he wrote the patent for Tang juice crystals). In the process of this, the company was bought out by a larger company who when they saw what we were about to do to them promptly reimbursed us all of our legal fees plus a settlement not to go to court....In someways I think we should of gone to court but as we still had other dealings with the parent company it was not expediant at that time.

 

[Beth]

If I were Blue Jeans Cables, I'd just waste the Monster lawyers' time by sending a quick, to-the-point and polite request for more detailed proof that I was infringing. Playing litigious letter tennis with Monster incessantly would waste their time and spend Monster's money (and probably drive them nuts) -- but I can understand Blue Jeans' position in wanting to take care of it with one big whack.

 

[MingusBASS]

+1

 

[muggsy]

If I were Blue Jeans Cables, I'd just waste the Monster lawyers' time by sending a quick, to-the-point and polite request for more detailed proof that I was infringing. Playing litigious letter tennis with Monster incessantly would waste their time and spend Monster's money (and probably drive them nuts) -- but I can understand Blue Jeans' position in wanting to take care of it with one big whack.

It wasn't necessarily quick reading, but that's exactly what he did. First, he made it clear that he's a lawyer and he knows IP law. Then, he reviewed Monster's "claim" of infringement based on the apparently limited information they provided, while noting a boatload of potential problems with their position. Finally, he asked for specific evidence that would be necessary for Monster to litigate and win an infringement case, as well as relevant evidence that he would be entitled to in discovery that could cut the other way.

His tone was professional and polite, but the ultimate point was: if you intend to come after my company, you'd better be sure you're right, because we will fight back and the consequences for Monster (if you lose) are likely to extend beyond this case. He also made it clear that if they could demonstrate to him that they had a valid infringement claim, he'd back down. He could have simply said "put up or shut up," but where's the fun in that?

 

[TNT]

. . . .Playing litigious letter tennis. . . . /QUOTE]

Beth,

Yeah, you're right.

Lawyers love "litigious letter tennis" (on both sides of the net), they know how to "volley" quite well, with the hopes that a Wimbledon full match will be the outcome, paid for by their clients!!

 

[midopa]

Dear Ernie Ball,

This is a cease and desist. You are infringing on our guitar products and copyrights. The similarity of our guitar models causes brand confusion and detracts from our sales. Namely, your guitars have strings, a bridge and headstock upon which they are afixed, a neck, and a body. If production of your guitars does not stop immediately more formal legal action will be pursued.

 

[KennethB]

Didn't Monster Cable sue Disney over Monster's Inc?