Rock Art Brewery Vs. Monster

[HotRodZilla]

Has anyone seen this...

? My brother sent it to me earlier today and a couple searches shows it's already all over the place. Our parents have owned a small business since we were kids, so I know how hard it is to feed, clothe, and otherwise support a family while working your ass off. Stuff like this pisses me off, so I thought I would post it here for your information. I won't buy anymore Monster (Hansen) stuff until they knock this **** off.
I filed a complaint with them here: Monster URL. You do what you want.

 

[FJRBluesman]

I'm no lawyer, but....

First off legal notices are NOT sent via E-mail.

I don't believe a drink can not call itself "Monster". An Energy drink can't do this, and it is a good case Monster could pursue, but.... The word monster is not a name like "Budweiser." They just can't sue anyone for using the word monster.

Monster would have to prove that Rock Art Brewery is trying to capitalize on their "Monster" name, and prove that the public would be confused between Monster energy drinks and this guys Beer. Only the beer is named monster, not the brewery, so...

I'd say it's easy for Monster to strong arm such a small business and this reminds me of Disney doing the same to small private schools for having Mickey Mouse painted on a wall.

I don't drink energy drinks, so they won't get my money anyway.

 

[scubatech]

It's definitely a crock! They know he is no threat at all. Corporations support a lot of families in our country with salaries and benefits,but this is the ****** side of big business.

 

[HotRodZilla]

I realize this stuff Bluesman, but you'd be surprised with the stuff that is being sent via e-mail these days. I don't think it's normal, but I also don't think it's impossible. Anyway...

I looked all over the place to make sure I wasn't being a ******* and posting some BS internet hoax. A couple of searches in a couple of different search engines turned up all kinds of news paper articles on this issue. After about an hour of reading up, I'm pretty convinced it's real.

I don't think the issue is whether or not Monster can win in court. I think the issue is that even if they can't, they can afford to drag this out in so many different courts that the brewery would go bankrupt trying to win the fight before the fight was over. If this were two large companies going at each other, I would not give a crap. The fact that one is Monster, backed by Hansen, owned by Anheuser Busch and the other is a 9 person operation struggling to make an honest living pisses me off. If the brewery made a commercial calling their beer "King of Beers" or they were making an energy drink and calling it Vermonster, I could see Hansen's bitch. In this case, I don't think it is valid; which is why I posted it and filed a complaint.

 

[Wanderer]

Wait, so Hansesn's beverage company can sue this guy for calling his beer 'Vermonster' but its all hunky-dory from the online resume site "Monster" to share that word? Am I missing something very central here?

F You Hansen's. I don't drink your nasty **** anyway, but even if I did, I'd choose this guys beer over your product to support him and give all micro-brewers a better chance. Well that, and I just love micro-brews.

Edit: complaint registered

 

[FJRBluesman]

I hear ya HRZ. I'm for the small guy, especially for brews. We're on the same page, nuff said from me.

 

[jzzmusician]

I'm a small business owner and my business name has been used all over the U.S. and even in Scotland!

This guy poses no threat, his product does not compete, and no one with an IQ over 70 would mistake his beer for an energy drink.

I am going to support this guy.

 

[Rogue]

Well I sent this:

I work over 12 hours a day and drink energy drinks. I switched from Red Bull to Monster after trying it when my son-in-law's band was sponsored by Monster.
I just heard about the law suit from Monster to The Rock Art Brewery.

I am now boycotting Monster Energy Drinks.

I also drink Dr. Pepper (a Coca-Cola product), I am also boycotting all Coca-Cola and Hansen's products and encouraging everyone I know to do the same.

To Monster & Coke.

 

[dsmack]

Thanks for posting this, HRZ!

It is a sad commentary that huge corporations can try to run over little Mom n Pop operations, using tactics such as this. I sent the following to Hansen (Corporate arm of Monster Drinks). Also sent an e-mail to Rock Art, encouraging them to keep up the fight long enough to let the court of public opinion and the 'net work it's magic.

I have from time to time enjoyed your Monster Energy Drink. I also have appreciated your support of motor sports through your sponsorships.

I do not, however, feel that your firm's stance on the use of the name VERMONSTER by a Vermont micro-brewery as being a threat to you has any merit.

The cease and desist order is overbearing, heavy handed, and a serious tactical error on your part.

Consequently, my family and I have ceased the purchase of any of the items sold by Hansen's until this action is dropped.

The lack of foresight on the part of your legal team is beyond comprehension to me. Even as screwed-up as things have become in our formerly wonderful country, one thing you should move to the forefront of your thought process is as follows: David and Goliath is still a popular story in our country. It is not good to be perceived as the heavy handed "Overdog" in a disagreement like this.

Underdogs are popular, Overdogs are not.

I will be following developments in this situation with interest.

... I'll bet your marketing and sales folks are really loving this latest from "Legal", eh?

Good Luck... NOT!

 

[Wanderer]

Recieved this email today from Hansen's.

Hansen Beverage Company and Rock Art Brewery Reach Trademark Agreement
October 26, 2009

Hansen Beverage Company and Rock Art Brewery today issued the following statement in connection with a recent trademark issue:

Hansen Beverage Company and Rock Art Brewery have reached an amicable agreement under which both companies' respective products will be protected - Hansen's Monster Energy® line of energy drinks and Rock Art's Vermonster beer products.

> Rodney Sacks, Hansen's chief executive officer, said: "We are pleased that we were able to resolve this matter expeditiously and put the concerns that had arisen behind us so that both parties can concentrate on their day-to-day businesses, selling their respective high-quality products. Our intent in this matter was simply to protect Hansen's trademarks and prevent any likelihood of confusion arising in the future through potential product extensions and was not to prevent Rock Art Brewery from selling their Vermonster beer."

> Matt Nadeau, owner of Rock Art Brewery, said: "Once Rodney and I were able to talk to each other we quickly appreciated each other's points of view and he acted reasonably, which allowed us to rapidly come to an agreement we are both happy with and allows both of us to move forward positively."

Contacts:

Rodney Sacks

Hansen Beverage Company

(951) 739-6200

Matt Nadeau

Rock Art Brewery

(802) 888-9400

Wonder what the agreement was....?

Hansen's: "STFU or we crush you"

Rock art: '...OK....'

Hansen's: Good. then we are agreed. That was easy.'

 

[HotRodZilla]

Hahaha...You would think it may have gone that way, but apparently not. I actually talked to Matt this morning. I was trying to see if he could ship beer to New Mexico.

After the internet ruckus and Hansens/Monster getting a **** load of complaints, they backed down. The agreement was that Rock Art would not market and energy drink, and Hansens would back off. Hansens also backed off their request taht Rock Art pay their legal fees. I guess they just chalked this one up to the cost of business. Rock Art made out pretty well, in that the agreement was fair to both them and Hansens. That's the good news.

The bad news is: They don't ship beer to NM and I will have to goto Arizona to get it. If you want some, you can go to their web-site RockArtBrewery.com and find out where their distributers are. I called the place listed in AZ and told him I would be in Mesa in November. He gave me the name of the place they distribute to there; so all I have to do is go buy some. So the bad news wasn't that bad after all. Awesome.

 

[TCMike]

Well I sent this:

I work over 12 hours a day and drink energy drinks. I switched from Red Bull to Monster after trying it when my son-in-law's band was sponsored by Monster.
I just heard about the law suit from Monster to The Rock Art Brewery.

I am now boycotting Monster Energy Drinks.

I also drink Dr. Pepper (a Coca-Cola product), I am also boycotting all Coca-Cola and Hansen's products and encouraging everyone I know to do the same.

To Monster & Coke.

DR. Pepper is not a Coca-Cola product. It is owned by a separate company, and distributed by whom ever wins the distribution rights to the different parts of the country. In the Twin cities market it is distributed through Pepsi. I grew up in IA, and and the company that did 7-up, and RC cola had the rights to it there.

Just a FYI.

 

[Wanderer]

Hahaha...You would think it may have gone that way, but apparently not. I actually talked to Matt this morning. I was trying to see if he could ship beer to New Mexico.
After the internet ruckus and Hansens/Monster getting a **** load of complaints, they backed down. The agreement was that Rock Art would not market and energy drink, and Hansens would back off. Hansens also backed off their request taht Rock Art pay their legal fees. I guess they just chalked this one up to the cost of business. Rock Art made out pretty well, in that the agreement was fair to both them and Hansens. That's the good news.

The bad news is: They don't ship beer to NM and I will have to goto Arizona to get it. If you want some, you can go to their web-site RockArtBrewery.com and find out where their distributers are. I called the place listed in AZ and told him I would be in Mesa in November. He gave me the name of the place they distribute to there; so all I have to do is go buy some. So the bad news wasn't that bad after all. Awesome.

That's about the perfect outcome to that situation. I'm reasonably sure that Rock Art had no intentions of making an energy drink anyway, but I'm glad it was resolved.

As for the distributor in AZ, well I guess I know one place I gotta go when I'm home for Thanksgiving!

 

[Fred W]

Yup, it is over before it started.

Rock Art Brewery Web site

A nice story. Little guy stands his ground and wins out against big corp.

And it probably didn't hurt Rock Art in the least to get so much viral advertisement over the past few days.

I live in the neighboring state, and if you know New England you'll know we are close neighbors, but I have never before heard of the Rock Art Brewery. I'll have to ask my 22 y/o son about them as he is much more current on the beer and brewing scene than me, but I am a beer lover. :thumbsup:

FWIW, I have seen a load of heavy handed advertising for Monster, especially as associated to X-sports and motorcross, etc. But everyone I talk to that has ever tried the stuff says it's overpriced swill. YMMV