(unfortunately, i couldn't read the original story,
the link was broken, or taken down or something...)

It's still there, but here's the text:


The Denver Post
http://www.denverpost.com/Stories/0,...611825,00.html


Monsters battle it out
A California firm has tried to keep scores of U.S. companies from using
the word "monster." Now a Durango entrepreneur has launched a
pre-emptive strike.
By Jason Blevins
Denver Post Staff Writer

Wednesday, December 22, 2004 -

Monster Cable, a company that makes high-performance audio and visual
cables, is at war.

The Brisbane, Calif.-based company has filed trademark lawsuits across
the country against companies using the word "monster." Discovery
Channel has felt Monster's wrath for its show "Monster Garage." Bally
Gaming is under Monster's glare because of its Monster slot machine.
Monster sued Walt Disney Co., maker of the animated flick "Monsters,
Inc." Even the Chicago Bears, a.k.a. "The Monsters of the Midway," once
were eyed by Monster.

But Jack Turner is taking the offensive. The Durango businessman, who
six years ago started a video company called Snow Monsters, aiming to
get kids on skis, said Monster Cable has filed formal opposition to his
2-year-old trademark application. So he's suing Monster Cable.

"I run the most clean-cut business in the country," said Turner, whose
videos feature costumed skiers such as Powder Pig and Snow Snake
teaching kids how to be safe and have fun on the ski hill.

"I mean, why don't you go beat up on the March of Dimes?"

Assuming he will one day be sued by Monster Cable, Turner is asking a
Colorado district court judge to rule that Snow Monsters does not
infringe on Monster Cable's trademark. It's a pre-emptive move to foil
what could be years of legal wrangling that would break Turner's bank.

Monster Cable, which makes cables and wires for home, car and computer
audio and video equipment, has filed more than 250 oppositions to
trademark applications with the U.S. Patent and Trademark Office. Most
of the filings were simply requests for additional time so Monster
Cable attorneys could study various trademark applications. Others were
formal oppositions. Some ended in lawsuits.

Monster Cable sued Monster.com, the online résumé site. It sued Disney
and Discovery Channel. In all three suits, Monster reached a
confidential settlement. The company's general counsel, David Tognotti,
said the company is now involved in "great partnerships" with all three
companies.

Monster got its first trademark in 1978. It now has more than 300 marks
in categories from computer and audio equipment to marine electronic
equipment to educational and training services.

Tognotti said Monster Cable is simply doing what many "premium" brand
companies do: protecting a hard-earned image.

"We have spent millions of dollars and countless hours trying to build
a quality premium brand in the marketplace, and there are individuals
trying to leverage off that for their own gain," said Tognotti, noting
that Turner's trademark applications are in categories in which Monster
Cable has business interests. "It would be harmful to us for him to
have a "monster" trademark in those classes. We have a duty to protect
our trademark."

Like Turner, Cathy West is weathering Monster's glare. Her tiny
MonsterVintage.com in Camas, Wash., sells vintage clothing including
striped bell-bottoms and 1970s-era Grateful Dead concert shirts over
the Net.

She thought someone was joking with her two years ago when she got a
licensing agreement package from Monster Cable suggesting that she pay
the wire-maker $1,000 a year and 1 percent of gross sales in exchange
for use of the word "monster."

She threw the packet out, thinking it was junk mail. Now she has an
attorney who estimates legal fees could reach $50,000 in a trademark
fight.

"We don't have the money to fight this," said West, who named the
company after her cat, Monster. "We tried to negotiate with them, but
let me tell you, these guys are not nice characters. It's just bizarre.

"All we are doing is turning old rags into a decent way to pay the
bills. I'd never even heard of Monster Cable before."

Turner said he is shouldering the load for the little guys, much as he
has done for the next generation of skiers with his videos. He is
asking visitors to his website, snowmonsters.com, to boycott Monster
Cable products. He calls his fight a battle against "corporate
bullies."

Earlier this year, he told Monster Cable attorneys he would never
dabble in the speaker- and stereo-wire business. The company countered
with its own idea for Turner's company: give up all rights to the word
'monster,' sign a licensing agreement and give Monster Cable the right
to approve or reject Turner's marketing plan.

So now Turner is paying $500 an hour to two law firms - one in Boulder
and one in New York. He thinks Monster, with a stable of lawyers on
staff, would happily wile away months in court. That's not an option
for him. He said a favorable ruling in his Denver lawsuit would
eliminate the potential of a protracted legal fight.

"They say they own the name 'monster,"' Turner said. "They are big.
They are mean. They play dirty. It's time for someone to stand up to
the bullies and say enough is enough."

Staff writer Jason Blevins can be reached at 303-820-1374 or
.

Scare tactics: Other companies Monster Cable has targeted

Disney

Settled a trademark- infringement suit over the animated movie

"Monsters, Inc."

Monster.com

The online résumé service settled; like Disney and Discovery Channel,
deal is confidential

MonsterVintage.com

The online seller of Grateful Dead and other concert T-shirts faces a
$50,000 battle.

Chicago Bears

Football's "Monsters of the Midway" were a potential target for a
Monster suit.