Comments on: Announcing the “IP Bully of the Month” Award http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/ Harnessing the strategic power of Intellectual Property Mon, 26 Jul 2010 18:10:34 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: I don’t want to share my Legos! | TacticalIP.com http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/#comment-189 I don’t want to share my Legos! | TacticalIP.com Tue, 06 Apr 2010 13:56:47 +0000 http://tacticalip.com/?p=153#comment-189 [...] We here at TacticalIP like to monitor intellectual property news and try to report it to you.  You may have noticed that we pride ourselves on pointing out improper enforcement actions taken by trademark owners.  For example, we have previously posted a feature called IP Bully Of The Month.  (see here and here). [...] [...] We here at TacticalIP like to monitor intellectual property news and try to report it to you.  You may have noticed that we pride ourselves on pointing out improper enforcement actions taken by trademark owners.  For example, we have previously posted a feature called IP Bully Of The Month.  (see here and here). [...]

]]> By: Update on “IP Bully of the Month” Award Nominee | TacticalIP.com http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/#comment-33 Update on “IP Bully of the Month” Award Nominee | TacticalIP.com Fri, 23 Oct 2009 19:45:16 +0000 http://tacticalip.com/?p=153#comment-33 [...] 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. [...] [...] 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. [...]

]]> By: tacticalip http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/#comment-17 tacticalip Mon, 19 Oct 2009 20:51:15 +0000 http://tacticalip.com/?p=153#comment-17 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! 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!

]]> By: Jer C http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/#comment-10 Jer C Thu, 15 Oct 2009 02:45:19 +0000 http://tacticalip.com/?p=153#comment-10 Heres a vote for Monster! Nothing like pretending to be "indie" and cool while picking on the little guys with your lawyers. Heres a vote for Monster! Nothing like pretending to be “indie” and cool while picking on the little guys with your lawyers.

]]> By: Brock http://tacticalip.com/2009/10/14/announcing-the-ip-bully-of-the-month-award/#comment-9 Brock Thu, 15 Oct 2009 01:35:49 +0000 http://tacticalip.com/?p=153#comment-9 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 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

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