October 14, 2009
Announcing the “IP Bully of the Month” Award
by Philip Zies
Due to the overwhelming popularity of our "IP Bully of the Week" award, or perhaps because of the prevalence of perceived IP Bullies, TacticalIP.com is rebranding its award as our "IP Bully of the Month" award and offers the following candidates for consideration, in addition to the award winner announced October 7, 2009:
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Big Boy Restaurants International, LLC — for demanding that a 14 foot big-boy-on-a-pole be removed from a memorial in Charlston, South Carolina. The memorial was created in honor of the original 1947 Shoney’s Restaurant, belonging to that chain’s founder, Alex Schoenbaum. At one point, Big Boy and Shoney’s were merged, but Shoney’s later split off again. (source)
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World Wrestling Entertainment, Inc. — for demanding that the The Wine School of Philadelphia stop using the name "Sommelier Smackdown" for the food and wine pairing competitions that it has held since 2007. (source)
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Hansen Beverage Co. (maker of Monster energy drinks) — for demanding that Rock Art Brewery, in Morrisville, Vermont, rename its beer, which is now known as "The Vermonster". (source)
Stay tuned for more nominees, and we may actually pick a winner at some point. Sound off in the comments with your favorite, or if you’ve got a nominee of your own.
4 Comments »
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Most certainly #3, Hansen beverages.
I assume this is a 43(a) issue, and a pretty fact-specific inquiry. Although I would never confuse a (very good) beer with an energy drink, Hansen probably gets some traction because they are both things you drink.
Can you offer any any comments, links or cites to cases, or scholarly writing on:
1) Similar cases where the products were obviously different but shared one significant trait (i.e. in this case both being things you drink).
2) The significance of other branding differences – very different labeling and packaging.
3) Common law trademark implications (Rock Art’s history of brewing and marketing the beer in Vt.)
4) Has there ever been such a thing as recovery by a defendant for the costs of a frivolous trademark suit? Any serious argument for the adoption of the English loser-pays rule in trademark suits?
5) What this might mean for 1) Ben and Jerry’s “Vermonster” ice cream cone? 2) Vermonster LLC (based in Boston!) computer consulting group (http://www.vermonster.com/), 3) Brooklyn Brewery’s “Monster Ale” (cf. http://beeradvocate.com/beer/profile/45/2231/) 4) anyone else using “Vermonster” in Vt.?
Thank you. I’ll take my answer off the air. And if I ever have a patent or trademark to protect, you guys will be at the top of the list.
– B
Comment by Brock — October 14, 2009 @ 9:35 pm
Heres a vote for Monster! Nothing like pretending to be “indie” and cool while picking on the little guys with your lawyers.
Comment by Jer C — October 14, 2009 @ 10:45 pm
Brock,
We’re working on a “likelihood of confusion” post that should answer most of your questions. Check back soon, and thanks for your interest!
Comment by tacticalip — October 19, 2009 @ 4:51 pm
[...] Last week, TacticalIP.com nominated Hansen Beverage Co., the maker of "Monster" energy drinks, for the "IP Bully of the Month" award for demanding that Vermont beer maker Rock Art Brewery, brewer of "Vermonster" beer, rename its fermented non-energy beverage. Well, as it turns out, maybe Hansen isn’t such a bully after all. It seems that Hansen CEO, Rodney Stacks, and Rock Art founder, Matt Nadeu, were able to work out their differences by talking to each other directly. Rock Art has agreed to avoid adding high energy drinks to its line and Hansen has agreed to back down on its renaming demands (source). Nice compromise, boys! The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. [...]
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