Monster threatens ‘Vermonster’ beer brewer
source: http://www.msnbc.msn.com/id/33282954/ns/business-small_business/
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- jmsrmy
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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.
(AP, 2009, October 12, par.2)
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.
(AP, 2009, October 12, par.3)
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.
(AP, 2009, October 12, par.10)
"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.
(AP, 2009, October 12, par.13)
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.
(AP, 2009, October 12, par.16)
Nadeau has taken his beef online. Rock Art's Web site headlines a description of the dispute as "Rock Art Brewery vs. Corporate America."
(AP, 2009, October 12, par.18)
(AP, 2009, October 12, par.2)
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.
(AP, 2009, October 12, par.3)
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.
(AP, 2009, October 12, par.10)
"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.
(AP, 2009, October 12, par.13)
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.
(AP, 2009, October 12, par.16)
Nadeau has taken his beef online. Rock Art's Web site headlines a description of the dispute as "Rock Art Brewery vs. Corporate America."
(AP, 2009, October 12, par.18)
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- tags:
- Lawsuit, Vermont, Breweries, Monster Energy Drink
