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.
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...
Did you in fact read the article you're posting?
The Consumerist did no such comparison. Rather, a reader sent them a 4 year old post from a random dude on another forum, which the Consumerist quoted and posted, turning it into a popular Slashdot meme.
Groupthink at work, gotta love it. The burden of proof is always non-existent when it backs up your pre-existing notions of truth.
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?"
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.
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!"