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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.'"
Then submit it to /. sooner.
/. to hear halfway intellectual commentary on current issues.
Plus, since when is slashdot in competition with them? If I want to read stupid stories (surprised all the legal talk didn't scare the farkoids) and even worse comments, I will go to fark/reddit/digg. I come to
No comprende? Let me type that a little slower for you...
Were Monster cable "owned"?
They're just going to harass someone else now. They don't really care that much. The basic business plan here is "threaten to sue", "threaten some more", "If target refuses to settle then give up, else settle". They know full well that some people are going to call their bluff. He just happened to do it in a very long winded, wordy way that has saved them a lot of time and effort.
The long-winded and wordy way, combined with being released on the Internet, will go a long way towards keeping Monster from doing this again. The next company they threaten to sue will likely turn up this letter in a simple Google search, providing that company's legal counsel with a bucket full of ammo.
I would say Monster's days of running around suing competitors will be drawing to a close soon.
My Sysadmin Blog
And we need them in a serious way. People who know their stuff, know what the legal system is supposed to be used for, and stand up for themselves in a positive way.
I hope we see more small companies and individuals do this in the future.
My favorite quote:
Not only am I unintimidated by litigation; I sometimes rather miss it.Good to see a little guy who seriously intends to go not only to trial but to final judgement against a big patent bully. They definitely picked the wrong person to pick on.
Several times, and the physics of why Monster cables do nothing that plain wire can't do is well understood. Bulk 12 gauge multi strand copper is all you need for the highest end gear, and most people won't be able to tell the difference between that and lamp cord without an oscilloscope.
I was taught to respect my elders. The trouble is, it's getting harder and harder to find some.
I also love when he threatens Rule 11 sanctions, demands extensive discovery, and threatens to challenge each and every one of their patents. Oh, and he accuses them of acting in bad faith, without candor.
But really, you're right -- threatening their tax shelter was a masterstroke.
If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
Amusingly, for many years Monster stayed away from the types of cables where quality matters, like VGA cables. VGA cables have a high-bandwidth analog signal, and long (10m or so) VGA cables have transmission-line type problems, where mismatches or crosstalk result in ghosting or blur at the monitor. For short tables, it's not a big deal, but as length increases, it matters. There are lots of crap VGA cables out there. Still, above $15 for 10m, you're overpaying.
HDMI cables have to carry 340MHz, so they're transmission lines. There's a certification process, and if the cable passed it, it should be OK. There are phony HDMI cables out there that don't pass the spec, but all certified cables should work equally well.
There's something to be said for gold-plated connectors, especially for something that's frequently unplugged, but the cost of the gold is trivial.
There's no "sham company tax shelter methods" -- just the usual legal method of tranferring income from a high tax juristiction to a lower one. Companies and people do this all the time (e.g., US/Bermuda, California/Nevada) to avoid their biggest and unnecessary expense.
The threat here is not "you're going to jail", but "we're going to expose you to political ridicule for not passively bending over and paying whatever the government demand."
If you don't consider this method as a part of your tax planning, you're paying more than you need to. As Judge Learned Hand said, "Anyone may arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the Treasury; there is not even a patriotic duty to increase one's taxes. Over and over again courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible, everyone does it, rich and poor alike and all do right; for nobody owes any public duty to pay more than the law demands. Taxes are an enforceable action, not a voluntary contribution."
Helvering vs Gregory
60 Fed (2d) 809
It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
No, you see, if they abandon their effort, Tartan can still pursue them for improper business practices, vexatious litigation and antitrust violations. It's beautiful. If they pursue it, they risk damaging future cases, and if they drop it, it becomes apparent that they merely intended to put out meritless claims, hoping that others would settle. Doing that would be a clearly improper practice, and they can be placed under injunctions to prevent them from doing it to others. It's LOSE/LOSE for Monster.