Monster Cables Pushes Around the Wrong Small Company
Alien54 writes "Audioholics has a fun read regarding a recent legal dustup involving Monster Cables. The well-known (some might say notorious) cabling company sent a cease and desist letter to Blue Jeans Cable over a supposed patent violation. What the Monster folks couldn't have known was that Blue Jeans president Kurt Denke used to be a lawyer. His response is as humorous as it is thorough. ' Let me begin by stating, without equivocation, that I have no interest whatsoever in infringing upon any intellectual property belonging to Monster Cable. Indeed, the less my customers think my products resemble Monster's, in form or in function, the better ... If there is more than one such connector design in actual use by Monster Cable as to which appropriation of trade dress is alleged, of course, I will require this information for each and every such design. On the basis of what I have seen, both in the USPTO documents you have sent and the actual appearance of Monster Cable connectors which I have observed in use in commerce, it does not appear to me that Monster Cable is in a position to advance a nonfrivolous claim for infringement of these marks.'"
In my opinion, Monster cable has been taking advantage of the lack of technical knowledge of the general public to convince people to buy EXTREMELY expensive cables, when much cheaper cables would provide equal performance.
Performance of audio systems is not heavily affected by cables, if only the size of the wires is adequate.
For more proof that Monster has nothing special, see the Consumerist's comparison of Monster Cable versus wire coat hangers. Nobody could tell the difference.
Further, if any of these patents or trademarks has been licensed to any entity, please provide me with copies of the licensing agreements. I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions.
No comprende? Let me type that a little slower for you...
I believe the proper iSlang is PWNED!
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
Further, if any of these patents or trademarks has been licensed to any entity, please provide me with copies of the licensing agreements. I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions.
I don't think he necessarily wants to go to court. The reason he's warning them of both his experience and the near-total lack of any reasonable claim against him is so that they walk away and stop bothering him. I'm fairly certain they will do that. They're not interested in a fight, only in making competitors cower and pay them money. It's rather classic bully behavior, but all bullies, big or small, will tend to stay away from anything that looks even remotely like an even match, or worse, one where they're bound to lose.
What will piss them off, of course, is that the letter has been made public. But that's his perogative.
The world's burning. Moped Jesus spotted on I50. Details at 11.
Any patents held by RCA would have expired many decades ago. They invented the connector in the 1930s.
Mea navis aericumbens anguillis abundat
Their prices on long lengths of HDMI cables are actually downright reasonable. $38 for 24 gague, 50-feet in your choice of color and connector? That's better than Monoprice...
Just in case anyone doesn't know of them, Monoprice has been my cabling place for years. Good prices, reasonable shipping.
"TK-421, why aren't you at your post?"
That's completely legal. Unethical and unpatriotic, yes, but not illegal. In fact, since Bush took office those kinds of arrangements have actually been sanctioned and encouraged by the government.
Actually high end cables dont have gold but nickel.
Gold plated ends are a sham, the gold wears through so fast (because it's barely plated on to begin with) it's not funny and the brass underneath it looks like gold so you dont know. The real high end stuff are solid nickel connections.
Do not look at laser with remaining good eye.
"I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income;..."
Wonderful. Monster Cable hates America!!!!
When considering Tax issues, just keep in mind this little nugget of trivia...
Tax law is the only area of the law where a lawyer is expected to obtain
a speciality post doctorate degree (that is another advanced degree above
and beyond the usual JD) just so that you can be considered qualified to
START practicing in it.
A Pirate and a Puritan look the same on a balance sheet.
"You are in possession of at least seven orifices. Your website demonstrates fifteen cables, one of which you may discard. If so, the other fourteen are still under the terms of your retributuion. You will now insert those cables into the orifices in the 1-1-1-1-3-1-7 configuration."
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
I'm sure Monster would do the same thing - they license the tech from their Burmuda entity, and also have full rights to pursue patent infringement on behalf of their licensor.
Browsing at +1 - no ACs, I ignore their posts. So refreshing!
High end cables are for e-peen. There is actually no measurable sonic difference between the output of speakers and systems connected with Monster or Blue Jean cables, and garden-variety cables from Radio Shack or any other non-premium cable vendor. In short, premium cables of any brand are basically ripoffs. Buyers pay a large premium solely to feel better about their expensive home theater system. You spent $10,000 on the electronics, a $5 cable seems - unworthy. And yet, every double-blind study and every sonic measurement ever done on this question has shown that not only is there no measurable difference in the final signal, but persons who claim to be able to hear the difference are always shown to be under the influence of wishful thinking. They are no better at fingering the premium cable than a random guesser.
http://www.joyoftech.com/joyoftech/joyarchives/1082.html
Edith Keeler Must Die
But, but it wasn't Monster Cable International, Ltd, that issued him with the letter and claim. It was Monster in the US, so keen to litigate that they did something they had no onus to do ("on behalf of") - they completely forgot that their corporate shell game had given the patents to a company in Bermuda, and that they had no right to claim patent infringement when they weren't the patent owners.
More clear now?
"That, that's not ours! We don't have to pay tax on it! Oh, wait, you're using this thing of ... uh ... not ours ... and we ... uh ... they ... can't have that!"
Consider legal insurance. I pay about 6 euros per month for it, and with that I can access a hotline which gives immediate access to one of the insurance's lawyers specialized in the covered area. They will first help you solve the matter the cheapest way, without going to court (e.g. by writing a letter or giving advice like the parent poster had). This already saves you a lot of time and money and stress. And if it would go to court, the insurance fee will pay itself back in no time.
molmod.com - computing tips from a molecular modeling
Although Kurt is the owner of Blue Jeans Cable, I need to remind some of you that Monster is coming after Tartan Cable (which is also owned by Kurt). Tartan cable is Kurt's economy line of cables... it's all "Made in China", it's inexpensive, and by all standards, just as good as any of the other stuff bought at Best Buy or Circuit City - just less money. Blue Jeans Cable sells what is known as broadcast quality cabling. Basically, it's the same stuff you'll find being used by professional broadcast engineers in television studios, radio stations, A/V post production houses, and the like. Yes, it's more expensive than the chinese stuff, but it is mostly Belden Cable and anyone who knows about this stuff will see the value. Yes, for the most part, a lot of what Blue Jeans sells may be considered "overkill" for your run of the mill home theater - that is why the Tartan line of products was introduced. But for those who want what the pros use, Blue Jeans will deliver and not suck your wallet dry in the process.