Rock Art Vermontster vs. Monster Energy Drinks… just silly…
Update #1: The drama continues to grow on this conflict between a mega-corporation and a small Vermont brewery. Matt Nadeau (Rock Art) has responded to the “cease and desist” and has been rebuffed again. The root of the problem between them seems to be an unwillingness by Monster to negotiate a deal. Rock Art has offered to retract is trademark application in the “energy drink” category, which was thought to be Monster’s primary concern. Documents made available late last week now indicate that Hansen, Corp. (a.k.a., Monster) may intend to produce alcoholic beverages at some point in time, which would potentially compete with Rock Art’s beer offerings. Hansen has no “prior use” to fall back on in this case and it seems likely that Rock Art would prevail… it it can afford to fight off the bully!
On September 14, just six days before his birthday, Matt Nadeau, owner of Rock Art Brewery in Morrisville, received an unusual email. Attached to it was a PDF full of legalese in which an attorney for the Hansen Beverage Company — maker of Monster brand energy drinks — demanded that the Vermont brewery “cease and desist” its use of the name “Vermonster” for a high-test barley wine. “Your client’s use and registration of the Vermonster in connection with beer will undoubtedly create a likelihood of confusion and/or dilute the distinctive quality of Hansen’s Monster marks,” the document reads. Nadeau was given two weeks to respond.
Nadeau, who holds the “Vermonster” trade name in Vermont, thinks the letter was probably triggered by his application to trademark it nationally. “I don’t get those people out there in California,” he says. Given that Nadeau sells about 95 percent of his beer “within 50 miles of Morrisville,” the feisty brewer says he fails to see how giving a single product a name that’s a play on its home state could damage a massive corporation making a completely different type of beverage.
So Nadeau called to offer a concession: He would promise to stay out of the energy-drink biz if Hansen stayed out of brewing. No luck. “Their third-party lawyer … believes they’ll likely pursue lawsuits and [proceedings against] trademark infringement,” Hansen says.
Simply continuing to pursue his trademark application against Monster’s opposition could cost Nadeau up to $15,000. And he’s willing to take the matter to court — an even pricier proposition — if necessary, he says. For one thing, five trademark lawyers located all over the country have told him he’ll probably win in the end. More importantly, adds the brewer, it’s a matter of principle: “They have no morals,” he says of the beverage giant. “They think, We’re just gonna steamroll it … We’ll take this little Vermont company and squash them. Well, sorry.”
You decide… confusion… not likely!!
Rock Art Vermontster
5 Comments to “Rock Art Vermontster vs. Monster Energy Drinks… just silly…”
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Doesn’t Ben & Jerry use the Vermonster name for their huge Sunday, maybe Matt Nadeau needs to contact the laywers at Ben & Jerry’s to get on his side.
Ben & Jerry’s does use that name and has for quite a while (BTW, it is *massive* and delicious). There are plenty of other beers that use “Monster” in their name… that turns into quite a body of “prior use”, in trademark law terminology, for Hansen to fight against. I am sure that Hansen did not expect the amount and overwhelmingly negative response from the beer community. While “they” say that any advertisement is “good”, I am not so sure that this one will be to their benefit… there is a lot of ill will coming there way!
Hi, koenemann.hoppress.com – da best. Keep it going!
[...] Rock Art’s battle last year with the company that produces Monster energy drinks (see Rock Art vs. Monster and Rock Art Wins “Monster” Battle). The very large company had taken Rock Art to court in an [...]