A 'Monster' lawyer comes knocking at a small brewery
Filed under: Food, Consumer Ally
For the owner of a small craft brewery in Vermont, the legal letter on behalf of Monster Energy Drink parent company Hansen Beverages was baffling: Stop using "Vermonster" as the name of one your beers because consumers might confuse it with the energy drink."Your client's use...of VERMONSTER in connection with beer will undoubtedly create a likelihood of confusion and/or dilute the distinctive quality of Hansen's MONSTER marks," wrote attorney Diane Reed of the California law firm Knobbe Martens Olson & Bear.
Matt Nadeau, who with his wife and seven employees operate tiny Rock Art Brewery in Morrisville, Vt., couldn't believe what he was reading.
"I was just in disbelief," he said recalling the day he got the letter. "Oh my God, what is this all about?"
At first blush it seemed absurd. How could a sugar-laden, 16-ounce caffeine-infused can of energy drink sold nationwide be confused with a 22-ounce of high alcohol content beer (10%) that you can't buy in a whole lot of places outside of Vermont? Add in that the Monster label is a big, scary, drippy "M" and the Vermonster has the gentle Rock Art logo with a Vermont farm in the background and the issue gets even stranger. And, while we're at it, why is it that Hansen didn't go after the Vermonster at Ben and Jerry's? Couldn't a 20-scoop ice cream sundae with extreme quantities of toppings cause brand dilution to Monster Energy Drink?
Nadeau said it was pretty clear from the outset that Hansen wasn't fooling around. This was serious.
"On all fronts I'm fighting this on principle," Nadeau said. "I just don't think in America this should happen."
Nadeau, who said this battle has been a big distraction from his normal brewery fun, is spending "big bucks" to defend his Vermonster brand -- trademarked in Vermont in 2006 to mark the brewery's 10th anniversary. He said he consulted with several trademark lawyers and then pledged to Hansen to never step into the energy drink market with his brand if they would drop their legal pursuit.
That drew a response, he said, that tipped Monster's hand. Hansen, the attorney told Nadeau, doesn't care about his brand in the energy drink arena -- they want to go into the beer market. Even still, Nadeau said, he doesn't see how Vermonster and its decidedly different look and name poses any threat.
Hansen officials did not return a call seeking comment. Reed, the attorney, said she would not comment.
So, the question now is will the little brewery be able to survive a war of attrition against a big beverage company with much deeper pockets?
"What I'm hoping is that people are going let Hansen know that it's time to let it go," Nadeau said.
Reader Comments (Page 1 of 3)
10-12-2009 @ 8:23PM
Josh Smith said...
You'd think with every state against energy beers like Sparks no energy drink company would still be considering entering the market.
Reply
10-13-2009 @ 6:01AM
Rubic said...
This is a wonderful instrument. The things mentioned are unvaried and needs to be comprehended by everyone.
Rubic
Debt Management
Reply
10-13-2009 @ 8:37AM
Sean said...
I wrote them a letter regarding this. I am astounded that a company that big and doing that well would pull a legal stunt like this. It's deplorable.
If they continue to persue legal action with this brewery, I'm done with the Monster brand. I will also make sure to get all my friends to drop them as well.
Get your act together Monster.
Reply
10-13-2009 @ 9:43AM
Ben said...
Brooklyn Brewery has a Monster Ale.
Why doesn't Hansen go sue Brooklyn Brewery too.
There is a big different in the class of products from energy soft drinks to liquor. Depending upon how the trademark name was filed initially there may be room in the class of product.
However, Vermonster is a descriptive term, a monster ale (double digit ABV) made in Vermont.
This shouldn't go very far in the courts, but is a waste of time and legal expense for Matt Nadeau.
Good luck to Rock Art Brewery in Morrisville, VT.
Reply
10-13-2009 @ 10:08AM
TheBrewologist said...
This is so dumb it's got to be a marketing gimmick for Monster. One commenter made a good point: why didn't they go after Brooklyn Brewery? Doesn't make any sense.
Reply
10-13-2009 @ 11:12AM
Desiree Knott said...
I think Nine-Inch-Nails should sue Monster for infringing on the look of their logo. It could be seen as affiliated with the band because they look so similar.
The word monster is a common word and can't be trademarked just like I couldn't trademark the words high gravity for our homebrew store. What was trademarked was the "look" of the logo and the words high gravity when used with the words homebrewing & winemaking supplies.
How sad that Monster has no grounds for this lawsuit but seems to be doing it just to bankrupt a small company. No Monster drinks in this house.
Reply
10-14-2009 @ 2:37AM
James NomadRip said...
I am no longer supporting Monster or Hansen products unless they drop this BS (and I'm cross-posting this everywhere).
Reply
10-13-2009 @ 11:59AM
RDGERNR said...
I will vouch for this beer completely kicking ass too. I specifically get it as a treat for myself.
Reply
10-13-2009 @ 1:22PM
Aaron said...
You can contact Diane Reed (lawyer who wrote the letter) at 949-760-0404 or dreed@kmob.com
Reply
10-13-2009 @ 1:44PM
SMaj said...
Posted this article on my Facebook page, I encourage everyone to do the same.
Reply
10-13-2009 @ 2:39PM
Henry said...
Bear and soft drinks are in the same trademark class, Int Class 32.
"CLASS 32
(Light beverages)
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages."
So we have:
Same class of products,
Name very similar.
Sold in the same outlets, super markets
Monster is a pretty famous mark, so may be diluted by Vermonster
It is reasonable for people to assume Monster may make beer, or may be licensing the name.
Vermonster should have cleared the name first, and did not.
Hansen/Moster is just protecting its name, and looks to be in the right here, under the law.
Reply
10-13-2009 @ 3:14PM
Henry said...
Monster is using a thin argument about its energy drink mark to clear ground for a "monster" beer. They'll pick on the small guys first who are senior users on monster marks for beer, by using monster's registration for energy beverages.
Reply
10-13-2009 @ 3:04PM
Henry said...
Bear and soft drinks are in the same trademark class, Int Class 32.
"CLASS 32
(Light beverages)
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages."
So we have:
Same class of products,
Name very similar.
Sold in the same outlets, super markets
Monster is a pretty famous mark, so may be diluted by Vermonster
It is reasonable for people to assume Monster may make beer, or may be licensing the name.
Vermonster should have cleared the name first, and did not.
Hansen/Moster is just protecting its name, and looks to be in the right here, under the law.
Reply
10-13-2009 @ 3:21PM
olllllo said...
You are insane Henry.
We are all diluted by your lack of common sense.
10-13-2009 @ 3:17PM
Henry said...
Sorry #12, but class number doesn't cut it. People share marks for different products which are located in the same class all the time. And Monster doesn't qualify as famous - it's not Nike. Not a cut and dried case. Alot depends on when Vermonster came to market. Intent will be a big issue.
Reply
10-13-2009 @ 3:23PM
olllllo said...
#12, You are insane.
We are all diluted by your lack of common sense.
Reply
10-13-2009 @ 8:02PM
Nick said...
Let’s send a clear message to these corporate idiots
BOYCOTT MONSTER ENERGY DRINKS!
I usually drink them before gigs on the weekends to stay sharp
I will never buy another product from Hansen/Moster ever!
I will tell of this story every weekend and publicly denounce Hansen/Moster every time I have a MIC in front of me. (Which happens to be twice a weekend in the local bar establishments in 3 states)
This is legal at its worst! This is Stupid at its best! This is big guy slapping the little guy around! Let’s see if a little voice can make a big impact. Just for fun!
Reply
10-13-2009 @ 3:46PM
Juno said...
Hey Matt,
I work at a social marketing firm specializing in Viral campaining and we have a new process creating campaigns and we would love to make an example out hansens for you.... Stay tuned for a campaign similiar to a boycott that will roll out in the next few weeks....
Sincerely,
Black Hat Guerilla Marketing
Reply
10-13-2009 @ 7:21PM
matt nadeau said...
Hello Juno and all thanks so much for the support! It means so much.
Look for a u -tube clip that friends of the brewery put together today......live in 3-4 hours. I'm not sure how you locate something like that on U-tube, but when i have the link, I'll post to rockartbrewery.com
Thanks !!! and I look forward to your help, let me know what I can do in return.
Power to the People
Matt
10-13-2009 @ 4:25PM
James E. Parry said...
EVERYBODY- fight this, report it, comment on it, exercise your consumer muscle- this is ridiculous and it's a prime example of corporate bullying and facist tactics. Those of you worried about facism in America need look no further.
Reply