Trademark Law

Monster Mini-Golf uses eBay to raise money for defense against Monster Cable trademark infringement lawsuit

By Ryan Gile

Techdirt has an interesting article (link here) about a small mini-golf course in Rhode Island that goes by the name Monster Mini Golf that has been embroiled in a trademark infringement lawsuit with Monster Cable Products, Inc. ? the company behind ?Monster? cables and which is well-known for filing trademark infringement lawsuits against other small companies in the U.S. that use the name ?Monster? in connection with any goods or services (although the company apparently has no beefs with the likes of energy drink maker Monster Energy or job hunting website Monster.com). Justia.com has a link to the court filings in a similar case filed by Monster back in May against a different, California-based mini-golf course also named Monster Mini Golf. See Monster Cable Products v. Monster Mini Golf, et al., Case No. 08-cv-01037 (E.D. Cal.).

The Rhode Island Monster Mini Golf decided to ask the public to contribute to its defense fund via eBay ? the link was subsequently taken down as a violation of eBay?s terms of service agreement (for bidding on ?no item?), so now the company has put up a new auction for a ?coupon? at Monster Mini Golf that serves the same purpose.

The title of the item is ?Buy a Monster Mini Golf Coupon, fight Corporate bully!? Here are the ?item specifics?:

• Weirdness : Totally Bizarre
• Subject Area: Stop bullys now!
• Year : 2008
• Type: Sad, Very Sad

There is a lot more in the detailed description of the item, but you can check out the listing for yourself (click here). I think the company at least deserves some credit for its creative thinking.

Of course, how long do you think it will be before Monster files a VeRO Notice of Infringement with eBay against the listing for infringing its MONSTER mark?

Full post as published by Las Vegas Trademark Attorney on December 03, 2008 (boomark / email).