Awaking the sleeping
dragon
I Received a letter from someone representing Monster Cables Inc.
The 're threatening me to remove my web site and transfer the
name to them because I used the words MONSTER and COMPUTER in
one place!
Here is
my response:
Nov 28th 2008
Mr. William R. Samuels
LaRiviere, Grubman & Payne, LLP
19 Upper Ragsdale Drive, Suite 200
PO Box 3140, Monterey, CA 93942
cc. Mr. Noel Lee
CEO. Monster Cable Products Inc.
455 Valey Drive
Brisbane, CA 94005
Concerning Docket
Number TEN0400US against Danel C. Mosher using the domain
name MonsterComputerCases.com (click
link to view)
This
is America I can say "monster" as much as I want. I
have some "monster" computer cases, they’re big,
they're bad, some have skulls and crossbones, and they're my own
creations. If you think I'm infringing on your name then you should
have picked a more unique name rather than using common words
in your trade name to accelerate your business. Use something
like "Monstor" or "Monstur" This is merely
personal web site and your legal rights of trade name infringement
are overruled by my constitutional rights as a United States citizen
to have freedom of speech and expression. This is largely due
to the fact that no business name has been registered. The name
of this domain is simply a personal statement where the adjective
form of the word "MONSTER" is describing my art that
uses computer cases and does not include the name that you have
registered to do business under (i.e. "Monster Cables Inc.")
You don't sell computer cases, or computers and neither do I.
I don't sell computer accessories, In fact I don't sell anything
at all and I am not a competitor or a business. Monster Cable
Inc. cannot possibly square its trade name infringement claim.
By claiming that any use of the word is a dilution to your company’s
identity is entering on frivolous-claim territory. For example;
if 90% of the country agreed to a written statement that the white
house is a huge, "monster" of a building, it does not
instantly entitle the U.S. govt. to transfer ownership and the
deed of the property to you.
This is my art, If you want my web
site then you can ask for it rather than causing me and my family
to suffer damages resulting from arguments due to fear from threats
to "comply" with unspoken consequences if I don't. You
don't own a word! And the audacity to tell me to "transfer
ownership to our client" (suggesting at my own costs.) How
dare you! Also know that those familiar with the trade can appreciate
that I cannot relinquish the domain name as it is the main account
domain name for several other personal web sites that will cease
to function and cause further personal damages.
You have stated that your reason
to believe you have a claim is that your client has registered
the marks "Monster, Monster Computer, Monster Cable, M Monster,
Monster USB, Monster Ultra, Monster Vision, Monster Networking,
Monster Internet, Monster Video, Monster Home Central, Monster
Technology, Monster Design, Monster Power and Monster Batteries."
but no where does this show that you have registered the mark
"MonsterComputerCases" and you can not take a partial
trademark and mix it with other words to claim ownership of another
mark. If the company Monster Cables Inc. registered the name MonsterComputerCases
as a business name today, there would be evidence to show that
I was using the name long before your registration and you will
not be able to require me by law to relinquish it to you as your
own intellectual property. I created this domain name as a unique
name that was not in use at the time of initial registration several
years ago. It was of my own creation not influenced by any products
or documentation of Monster Cables Inc. and this claim will remain
as fact until it can be proven otherwise beyond any reasonable
doubt. By claiming that your company has been doing business since
1978 (however under only a partially similar name) and I am required
to transfer ownership to you. This would also infer that since
Monstercomputercases is a personal, non business creation of my
own mind than you would be required to pay me penalties to use
the "Monster Computer" mark and name since my mind that
created the web site MonsterComputerCases was born on July 16
of 1975, and since your mark "Monster Computer" is a
portion of my mind’s invention "MonsterComputerCases"
you have violated Intellectual Property rights. (Since my mind
was created before your company) This would not seem like a reputable
legal claim to me, but if I must pursue it to defend myself then
so be it. Otherwise, if you would wish to request for me to do
work and spend my own personal time to re-build my entire web
site structure, or give you MY own intellectual property than
make me a monetary offer like any other reputable company would
do.
Furthermore, it is my interpretation
of infringement laws, whereas you are REQUIRED by law to protect
yourself from market dilution, that Monster Cables Inc. should
be required to change their name to one of a more distinctively
separate identification that does not utilize the standard spelling
of common words that are used in daily conversation. Monster Cables
Inc. should be also be required to use an alternate spelling of
equal phonetical value to further separate their trade name from
common confusion with others who utilize the word "monster"
in written materials, legal documents and so-forth. Your defensive,
public comments of being “Required” to peruse claims
to protect your trade name lest you loose it are ludicrous. I
have worked for General Electric Inc. and United Audiovisual Inc.
and if they had to sue all who use “General” “Electric”
“United” or “Audiovisual” In their name,
there would be outrage and a large disturbance in any public peace,
as well as a judicial system standstill from being so backed up
just to deal with the caseload.
As a side note to further show no
influence from your company in my art designs I can state, without
slander, as a broadcast wiring technician I do not like or own
any of Monster Cable Inc's products. Also I do not like any product
under any trade name that allows people to be misled into thinking
it is of better construction by using the popular "get what
you pay for" belief. This comment would not be said however
if the company did not initiate contact to me. So anything I say
from this point further cannot be construed as SLANDER since Monster
Cables Inc. has made the initial contact and would be guilty of
entrapment if they ever tried to prosecute me for slander in my
responses.
As all legal documents are of public
forum than my responses will also be made public via my personal
web site as is within my constitutional rights as a U.S. citizen.
If the company Monster Cables Inc. perceives this as a threat
to their sales or market reputation than they must only blame
themselves by allowing legal departments to initiate contact representing
their company. And Monster Cables Inc. should promptly put a stop
to any other claims of representation in matters of trade name
infringement to small businesses and personal identification as
there has been many complaints by stores and people who sell or
take hobby in anything from hair wigs to surf boards. If this
was not authorized by Monster Cables Inc. then they must follow
suit with William R. Samuels of LaRivere, Grubman & Payne,
LLP for falsely representing their company name.
To
settle this issue and remove my article from my web site under
a time period and method that I see fit I WILL REQUIRE A DROP
OF ALL CLAIMS & CHARGES IN WRITING WITHIN 10 DAY OF RECIPT
OF THIS RESPONSE. As was the same terms of your document mailed
to me and received the week of thanksgiving, ruining my holiday.
Thank you very much,
Daniel C. Mosher
Monstercomputercases.com
