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Monster Cables Pushes Around the Wrong Small Company

Journal written by Alien54 (180860) and posted by Zonk on Tue Apr 15, 2008 12:34 PM
from the keeps-the-electricity-demons-out dept.
Government The Courts Patents Businesses The Almighty Buck News Technology
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.'"
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Journal: Monster Cables pushes around the wrong 'small' company by Alien54 (180860)
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  • The word "owned" comes to mind (Score:5, Funny)

    by Anonymous Coward on Tuesday April 15 2008, @12:36PM (#23079842)
    I read every word of that rather long article, and all I have to say is "OWNED". Wow. Normally I refer from such Internet slang, but I really believe in my heart that it applies here.

    • Re:The word "owned" comes to mind (Score:5, Insightful)

      by 91degrees (207121) on Tuesday April 15 2008, @12:45PM (#23079984) Journal
      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.

    • Re:The word "owned" comes to mind (Score:5, Insightful)

      by evanbd (210358) on Tuesday April 15 2008, @12:54PM (#23080124)

      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.

    • My favorite part is where he obliquely mentions that if they do take him to court and try to bleed him dry he'll kindly foward along their sham company tax shelter methods to the IRS that they use to avoid paying income tax on their Intellectual Property. That's gotta scare the hell out of most companies.

      • Re:The word "owned" comes to mind (Score:5, Insightful)

        by Valdrax (32670) on Tuesday April 15 2008, @01:11PM (#23080338)
        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.

      • Re:The word "owned" comes to mind (Score:5, Insightful)

        by mr_death (106532) on Tuesday April 15 2008, @02:14PM (#23081096)
        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

    • Re:The word "owned" comes to mind (Score:5, Funny)

      by ComSon0 (473373) on Tuesday April 15 2008, @01:01PM (#23080208) Homepage
      That is the most beautiful letter I ever read. It teared my eyes. I am a dude, but I think I love that guy.
    • I think you refrain more than you refer, but I refrigerate.

    • Re:The word "owned" comes to mind (Score:5, Interesting)

      by Workaphobia (931620) on Tuesday April 15 2008, @02:12PM (#23081064) Journal
      Indeed. I especially liked the transition from the beginning of the letter, where he responded with feigned interest and dozens of requests for more information, to the middle where he gave a detailed technical justification for his design, to the end where he became downright threatening to Monster, and rightly so. Here is a man who knows how to scare off a litigation troll.

      Also, notice how he replied on the last day of the two week period Monster's lawyers gave him. This, combined with the number of requests for clarification he made, demonstrates that he will ensure any actual court proceedings drag on for as long as possible.

      He sure as hell didn't blink.
  • 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.

    • They might have had some (quickly rebutted) case in the analogue era, but with the digital era they are just outright cheating customers. You can get an HDMI cable for as low as 15 cents [amazon.com], but Monster continues to charge up towards $100 for theirs. Obviously with digital any cable is as good as another, because the system has error correction built into it and is not susceptible to distortion from nearby wiring.

      Still, on Usenet I've seen people who, probably because they already "invested" thousands of dollars in Monster Cables, placed so much trust in the company that they brought out arcane arguments that, yes, Monster digital interconnects are better than anything else on the market. After all, can't you hear how "brighter" and "warmer" the sound is once you've blown money on the interconnects?

      • Quality matters for some high-speed cables. (Score:5, Insightful)

        by Animats (122034) on Tuesday April 15 2008, @01:14PM (#23080370) Homepage

        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.

    • Re:Monster cable has been taking advantage... (Score:5, Funny)

      by elrous0 (869638) * on Tuesday April 15 2008, @01:06PM (#23080272)
      You mean that Monster Cables running to Bose speakers WON'T make me cool?

    • Re:Monster cable has been taking advantage... (Score:5, Informative)

      by Sandbags (964742) on Tuesday April 15 2008, @01:10PM (#23080314) Journal
      Equal performance is subject to debate. True, a simple increase in cable guage provides better signal, but filtering of external interference, Monster does that a bit better than their competitors. Is it worth it though? If you install properly sized cables and route them away from sources of interference, it's no big deal.

      Now, that's really for analog signals... As for digital, it's not really a concern. A $15 HDMI or DVI cable is just as good as a $85 HDMI cable, assuming they're both rated for the same frequency response and distance (HDMI has several classifications, and it CAN make a difference).

      As for fiber cables, light is light. A thicker, stronger shell simply helps protect you from over bending the cable and refracting the beam, but it adds no shielding or signal quality improvement of any kind, and in fact, the fiber core itself must be a very specific size in microns. Changing this size like you do in ordinary cables is not optional.

      If you have a high end system, increasing cable thickness, adding better cable contacts, and improving shielding can be important, and can improve audio and video quality. On the other hand, unless you're running cables across power lines, very close to speakers, close to tube TVs, or over long distances, Monster offers no "discernable" differences vs their half priced competitors.

      That said never use the cheap shit cables that actually come in the box. Allways buy quality replacements, and ensure the connectors are made from materials that don't corrode (i.e. not copper, silver, or aluminum) gold contacts are great, platinum is not worth the expense. In most cases you'll need new cables anyway just to make the distance between devices as 3' is almost never enough, but don't buy cheap unshielded cables ever. Allways look for decent stuff.

      When buying a stereo or speakers, look to buy models that support screw on connections or tightening rings for the speaker wire. The cheap little clip style slots, like you typically find on the back of cheaper speakers and all-in-one stereo units do not provide a sufficient contact surface for 100 watt and higher outputs.

      As for filtering, modern home theater equipment is more computer than TV or stereo, and this stuff is VERY sensitive to low quality poewr. A surge protector is WORTHLESS! You need power filtration with real time voltage regulation. Monster does a good job providing very high quality filtering systems for as little as $200-300. If you have high def, a suround sound stereo, a PS3 or xbox360, keep this in mind. 97% of all electronic failure is the result of low or inconsitent power. Surge protectors only stop massive oversurges (typically over 160 volts). Damage to computer electronics cn occur at voltage below 104 or above 116. Do your lights ever flicker in your house? Especially when your AC turns on or when your fridge kicks in? If so, GO BUY A POWER FILTER for every digital device in your house!!!

      • Re:Monster cable has been taking advantage... (Score:5, Funny)

        by sheldon (2322) on Tuesday April 15 2008, @02:28PM (#23081300)

        As for filtering, modern home theater equipment is more computer than TV or stereo, and this stuff is VERY sensitive to low quality poewr. A surge protector is WORTHLESS! You need power filtration with real time voltage regulation. Monster does a good job providing very high quality filtering systems for as little as $200-300. If you have high def, a suround sound stereo, a PS3 or xbox360, keep this in mind.


        LOL!

        Those are probably one of the biggest scams yet from Monster. ;-)

  • Once again... (Score:5, Funny)

    by Iphtashu Fitz (263795) on Tuesday April 15 2008, @12:37PM (#23079854)
    Slashdot reposts a story found on Gizmodo that Gizmodo found on Digg that was first seen on reddit that...

    • Re:Once again... (Score:5, Insightful)

      by iamhigh (1252742) * on Tuesday April 15 2008, @12:42PM (#23079924)
      Then submit it to /. sooner.

      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 /. to hear halfway intellectual commentary on current issues.

      • Amen, brother, Amen (Score:5, Interesting)

        by A nonymous Coward (7548) * on Tuesday April 15 2008, @12:54PM (#23080126)
        When digg first came out, I thought it an incredible improvement on /. as far as getting timely stories, if they would only get nested comments. But then the fanboys hit, duplications made /. look as staid and conservative as the New York Times, and I gave up on digg. Far too much noise for far too little signal.

        And since then, /. has improved immensely. No doubt the competition helped, but I care not where the incentive came from, only that /. gets better and better.

  • From TFA (Score:5, Funny)

    by madjalapeno (1052094) on Tuesday April 15 2008, @12:43PM (#23079946) Homepage
    The best line of the reply has to be "Not only am I unintimidated by litigation; I sometimes rather miss it."

    • Re:From TFA (Score:5, Funny)

      by croddy (659025) * on Tuesday April 15 2008, @12:52PM (#23080086)
      the whole thing is just a litany of pwn. this is the most badass response to legal threats i've seen in a long time; this guy has given even the pirate bay's collapsible baton gag a run for its money.

    • Re:From TFA (Score:5, Interesting)

      by everphilski (877346) on Tuesday April 15 2008, @12:52PM (#23080092) Journal
      I love what he's doing but I said "damn, damn, damn" when he went on and on about about his experiences as a lawyer. Something tells me that might be the difference between Monster pursuing and not pursuing this case. Had he not laid all his cards out on the table, he might have got the fight he was looking for, and showed Monster they can't bully everyone around. Part of me is afraid that won't happen now.

      But either way, I'm glad he's sticking up for himself, and not just himself but making it public. Others will catch on, I hope, and be able to use similar arguments and techniques to evaluate settling versus taking a stand.

  • Summary... (Score:5, Funny)

    by binaryspiral (784263) on Tuesday April 15 2008, @12:43PM (#23079948)
    Dear Monster Lawyers,

    The mention of similarity between my company and yours makes me throwup in my mouth a little. Your threats are empty and vague. You provided no details to your patent hissyfit.

    If you're actually attempting to prove you own a patent on the RCA connector, then fuck you and the horse you rode in on.

    Sincerely,
    Kurt Denke

    • Re:Summary... (Score:5, Insightful)

      by Zordak (123132) on Tuesday April 15 2008, @12:52PM (#23080088) Homepage Journal

      If you're actually attempting to prove you own a patent on the RCA connector...
      Actually, they're not. All they asserted were design patents, which are flimsy little patents drawn to the ornamental design of the product. They're actually a sort of bastard child you'd get from a weird threesome between copyright, trademark and patent laws. You infringe a design patent by selling a product that looks like the patented design. It has nothing to do with the technology. The fact that they sent five (essentially saying, "You're too close to all five of these different ornamental designs") is pretty good evidence that this was just anti-competitive grand standing. They were just hoping that Blue Jeans would see the word "patent" and think $4M litigation and roll over and stop competing.

  • A shorter answer (Score:5, Interesting)

    by Hognoxious (631665) on Tuesday April 15 2008, @12:43PM (#23079954) Homepage Journal
    I refer my learnèd friend to the case of Arkell v Pressdram [wikipedia.org].

    • Re:A shorter answer (Score:5, Funny)

      by debrain (29228) on Tuesday April 15 2008, @01:10PM (#23080322) Journal
      Great reference. For those not inclined to click the link ...

      [The plaintiff, Arkell, was the subject of an article relating to illicit payments and so sued the defendant magazine Pressdram. The] magazine had ample evidence to back up the article. Arkell's lawyers wrote a letter in which, unusually, they said: "Our client's attitude to damages will depend on the nature of your reply". The response consisted, in part, of the following: "We would be interested to know what your client's attitude to damages would be if the nature of our reply were as follows: Fuck off".

  • This is exhibit "A" ..... (Score:5, Insightful)

    by 8127972 (73495) on Tuesday April 15 2008, @12:44PM (#23079972)
    ... As to why patent reform can't come soon enough.

  • This sounds familiar (Score:5, Interesting)

    by arotenbe (1203922) on Tuesday April 15 2008, @12:53PM (#23080106) Journal

    I am evaluating your claim that the connectors on certain Tartan brand products infringe Monster's design patents and trademarks. However, the information supplied with your letter is plainly inadequate to support a claim of infringement and so I am writing to you to ask for further information and clarification regarding your claims.

    I will begin by addressing your trademark/trade dress claim. You have referred to two trademark registrations, and have attached some printouts from the USPTO system but the depiction of the marks on the drawings provided is small and indistinct, making it difficult to determine exactly what the alleged resemblance is, and I need further information from you.
    This made me laugh. Monster Cable wants to initiate a trademark suit and can't send a legible image of the trademark? Sounds like something SCO would do...

  • The world needs more Kurt Denkes (Score:5, Insightful)

    by TheHappyMailAdmin (913609) on Tuesday April 15 2008, @12:53PM (#23080114) Journal

    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.

  • When I was more naive (Score:5, Interesting)

    by Thelasko (1196535) on Tuesday April 15 2008, @12:55PM (#23080132) Journal
    I purchased some Monster Cables for my home theater. Now the damn connectors are coming off my speaker wires. I took them apart to find out that connectors are held on by a shoddy crimp job. For what they cost they could at least solder them. The rubber shielding is even starting to deteriorate. Not worth the money. [gizmodo.com]

  • Ahhh, that was joyfull (Score:5, Funny)

    by mlwmohawk (801821) on Tuesday April 15 2008, @12:58PM (#23080180)
    I have not enjoyed a letter like that in a long while.

    I think I have a new rule, right after "never go in against a Sicilian when death is on the line!" "Never challenge a former litigator who misses his old job."

  • Porcupine (Score:5, Funny)

    by Bananatree3 (872975) on Tuesday April 15 2008, @01:28PM (#23080546)
    It looks like a porcupine, and boy does it growl like a porcupine. Monster Cable Products Inc, would you like to try a bite and see if it tastes like a porcupine?

  • Calling the bluff (Score:5, Interesting)

    by rumblin'rabbit (711865) on Tuesday April 15 2008, @01:29PM (#23080558) Journal
    My company has received warnings letters about possible patent infringements on our part. As manager of R&D, I've helped respond to them.

    The main thing to keep in mind is that such patent infringement claims are mostly bluff. Sending a letter to a company claiming patent infringement is a relatively cheap thing to do, and might result in a competitor discontinuing a product or paying a license fee. But responding to such a letter in a coherent, technically competent, and determined manner is often enough for the patent holder to back off. They don't want a legal battle any more than you do.

    Indeed, if you can make a case for prior art then the patent holders will really want to avoid a fight, for such a battle might invalidate their patent.

  • Looking for a job? (Score:5, Funny)

    by sherpajohn (113531) on Tuesday April 15 2008, @01:41PM (#23080668) Homepage
    Monster is hiring a paralegal - bet you would be kept busy! https://jobs-monstercable.icims.com/monstercable_jobs/jobs/candidate/job.jsp?jobid=1503&mode=view [icims.com]

  • Good cheap cables... (Score:5, Informative)

    by xTK-421x (531992) on Tuesday April 15 2008, @01:45PM (#23080708) Homepage
    Just in case anyone doesn't know of them, Monoprice [monoprice.com] has been my cabling place for years. Good prices, reasonable shipping.

    • Re:Monster Cable versus wire coat hangers (Score:5, Informative)

      by hudsonhawk (148194) on Tuesday April 15 2008, @01:03PM (#23080232)
      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.

    • Re:I'll be sure to .. (Score:5, Informative)

      by ivan256 (17499) on Tuesday April 15 2008, @01:27PM (#23080534)
      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...

    • Re:Wow (Score:5, Interesting)

      by edremy (36408) on Tuesday April 15 2008, @01:57PM (#23080844)
      I used to hate all lawyers all the time, then I ran into a mortgage company that tried to screw me out of my house two days before settlement. I spoke with a lawyer for a bit, got some exact words to tell them along with some very specific legal threats, then called the company back.

      The 5 seconds of silence on the other end of the line before the "Uuuh, I think I need to talk to my supervisor" was classic. Took them only a few more minutes before all those horrible problems with my mortgage just vanished.

      Since then I've been a lot more accepting of lawyers- calling down the legal napalm on those assholes was one of the most fun things I've ever done.

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