659537 Wed Oct 14 18:08:33 -0700 2009 12 35 Beer 0 5103876 Brew free or die trying Rock Art Brewery in Vermont received a cease and desist order from an energy drink maker in California demanding they abandon their Monster brew. A sign of the times? Can the little guy ever win? http://www.youtube.com/watch?v=kbG_woqXTeg Wed Oct 14 18:08:33 -0700 2009 74192 chuckl 1 5105584 Really despicable. But nice to see SO much activity on this on the web in the past few days. I hope they can survive the fight. Hopefully they are getting some gratis legal advice/counsel from some concerned lawyers who love good beer. Lets do our part by buying their product if its available in your area and letting Hansen Beverage know what greedy scum bags they are: http://www.hansens.com/contact/ Thu Oct 15 11:07:31 -0700 2009 5103876 238787 Insidious Rex 1 5113305 This is really sad. I wanted to visit Rock Art when I was recently visiting a bunch of New England breweries, but they didn't have tours the day I was up there. I did buy a bottle of their "75 and Sunny" while I was up there but haven't tried it yet. I had never even heard of Rock Art until I started looking up breweries to visit on my trip, how did Monster even find out about them? Ridiculous. Sun Oct 18 19:24:45 -0700 2009 5103876 66556 Solstice444 2 5113413 I'm no expert on trademark law, but it's my understanding that a company needs to defend its marks or risk losing them. A couple of other such cases involving small breweries: http://findarticles.com/p/articles/mi_m3469/is_n43_v43/ai_13635252/ http://www.realbeer.com/library/rbpmail/rbpmail-199808.php (near end of page) Sun Oct 18 20:19:52 -0700 2009 5113305 10998 Jim Dorsch 3 5115499 you're probably right; there's likely a corporate justification for doing this. But there has to be a more civilized solution than threatening to litigate a small company into bankruptcy. I'm not a patent lawyer either, but where's the justice if there's no real infringement, as the video implies, and yet the deep pockets litigant can simply prolong the process until the small company can't afford to continue the fight? Mon Oct 19 15:49:01 -0700 2009 5113413 74192 chuckl 4 5117963 Here'a a nice article about it http://www.kcworthog.com/2009/10/where-wild-things-may-not-be-for-long.html Tue Oct 20 13:40:39 -0700 2009 5115499 63643 niquejim 5 5118505 Peter Egelston's blog post, which the page above links to, is very interesting. http://smuttynosetavern.blogspot.com/2009/10/trademark-disputes-vermonster-v-monster.html Tue Oct 20 17:30:04 -0700 2009 5117963 10998 Jim Dorsch 6 5119363 Sometimes, the reverse is true. Pete's Wicked Ale & Spuds MacKenzie. Boards Head Meats & whatever Portland Brewery. Wed Oct 21 06:42:37 -0700 2009 5118505 10491 MOREKASHA 3 5115691 Those cases make more sense at least b/c they were involving breweries only. It seems silly for Monster to claim that people would ever confused the Vermonster beer with their energy drink. There is a Facebook page about it that provides more info, and I can actually see where Monster is coming from to a small extent, but then I'm not sure why they never went after any other breweries that have drinks with Monster in their name (Brooklyn's Monster Ale, for example). Mon Oct 19 17:09:51 -0700 2009 5113413 66556 Solstice444 4 5117333 I understand Monster might be releasing its own beer -- a truly scary thought -- so that might have something to do with the timing. Tue Oct 20 10:24:32 -0700 2009 5115691 74192 chuckl 1 5121033 Seems as if Monster might be backing off: http://www.rockartbrewery.com/ Wed Oct 21 16:24:40 -0700 2009 5103876 74192 chuckl 1 5121036 For all those who have been following this story for the past few weeks, and/or have made your opinion known to the powers that be- Rock Art has announced on its home page that the Vermonster has been saved (a full statement is coming soon)! Victory! http://www.rockartbrewery.com/ Wed Oct 21 16:26:15 -0700 2009 5103876 12713 TongoRad 1 5122333 Another perspective: http://www.beerscribe.com/2009/10/22/so-has-rock-art-actually-won-anything/ Thu Oct 22 07:12:16 -0700 2009 5103876 10998 Jim Dorsch