MonsterVintage.com occupies two floors in one of the Pearl District's last unpolished industrial warehouses, where the 3-year-old company sifts through massive crates of used clothes in search of gems. Much as the Rogue Desk thinks it insane to pay $250 for a '70s rock T-shirt, the business Victor Petrucci and Cathy West named after their cat in 2001 is a relatively modest concern. The couple has two part-time employees; the biz grosses about $200,000 a year.
MonsterVintage's humble scale only makes its treatment at the hands of Goliath rogue Monster Cable all the more despicable. The San Francisco electronic-components company--which deals in coaxial cables, car audio gear, cell-phone handsets and the like, raking in $300 million annually--is suing MonsterVintage for trademark violation.
Monster Cable makes a hobby of such suits. It's gone after the Discovery Channel for its show Monster Garage, Bally Gaming's Monster slot machine and a novelty shop with the web domain name monster.biz. (So far, they haven't sued Monster.com, the jobs site.)
"They're just into strong-arm tactics," says Petrucci. "They just try to instill fear in people, and people just give up their business names."
Petrucci says that before suing, Monster Cable tried to get him to pay $1,000 and 1 percent of MonsterVintage's business to keep using the name. The MV owners plan to represent themselves, and they hope for a jury trial. They may get some free legal help from law students volunteering for the nonprofit Electronic Freedom Foundation. Monster Cable's spokesman declined to comment.
Petrucci spent a week in early October driving around San Francisco in a Ryder truck mounted with giant signs publicizing the case. In a city where Monster Cable just controversially paid $6 million for naming rights to Candlestick Park, Petrucci says he received many a thumbs-up. It's a comfort, he says, if a small one.
"I haven't been able to eat or sleep because of this," he says. "We'd like to hire more people and expand our business, but we can't because of this delusion of theirs."
For more on the case, see www.monstervintage.com .
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Monday, November 8, 2004
Monster fiercely protects its name
Cable products company sues those who use M-word San Francisco ChronicleMonday, November 8, 2004 Monster fiercely protects its name Cable products company sues those who use M-word Benny Evangelista, Chronicle Staff WriterA monster by any other name might get you sued by Monster Cable Products Inc. The Brisbane maker of electronics accessories has filed lawsuits and trademark infringement claims against dozens of companies for using "monster'' in names, products or services. The TV series "Monster Garage'' and the Monster Seats above Fenway Park's left field wall have been targeted in what Monster Cable officials say is an aggressive legal strategy to protect the firm's good name. "We have an obligation to protect our trademark; otherwise we'd lose it, '' said Monster Cable founder Noel Lee. Critics like Victor Petrucci, founder of a small, family-owned online clothing store called MonsterVintage.com in Camas, Wash., say Monster Cable is going overboard. "They strong-arm anybody who uses the word 'monster,' '' said Petrucci, who is fighting a lawsuit that Monster Cable filed against his firm in August. "I sell used clothing. How can I damage them at all?'' Petrucci drew public attention with a big protest sign attached to a truck outside the main parking lot during a 49ers game shortly after Monster Cable bought the naming rights to Candlestick Park in San Francisco. Monster Cable legal counsel David Tognotti said it has registered more than 50 trademarks covering a wide range of products, including furniture, food and clothing. "We've spent millions of dollars as well as countless hours building our brand,'' he said. Tognotti is preparing for a trial against the Discovery Channel over the popular TV series "Monster Garage,'' which he claims uses images of "provocative women'' and an iron cross logo that could tarnish Monster Cable's image. With MonsterVintage, Tognotti said he tried to stop Petrucci's use of a logo that is very similar to Monster Cable's. "We called them and said, 'We'd like you to stop,' '' Tognotti said. "He continued to ignore us, so we filed a lawsuit in federal court.'' According to the U.S. Patent and Trademark Office and court records, Monster Cable has gone after other notable monsters: -- Walt Disney Co., which distributed Pixar Animation Studios' hit film "Monsters, Inc.'' -- Bally Gaming International Inc. for its Monster Slots. -- Hansen Beverage Co. for a Monster Energy drink. -- The Chicago Bears, whose nickname is "Monsters of the Midway.'' In most cases, Monster Cable has been able to work out a settlement or nominal licensing agreement, Tognotti said. For example, a deal is in the works with the owner of the Fenway Park Monster Seats trademark that will result in some seats being made available for charitable purposes at Monster and Fenway parks. In 1999, Monster Cable sued the company it has been most mistaken for, Monster.com., the Maynard, Mass., online job-hunting site. The companies settled in February 2000, but agreed to keep the terms confidential. However, trademark law attorney Anthony Malutta, who once defended a client in a case filed by Monster Cable, noted that Monster.com's site has a link to Monster Cable, not the other way around. Monster Cable's policing of its trademark strengthens its legal rights and scares off would-be monsters, said Malutta, of Townsend and Townsend and Crew LLP of San Francisco. However, that tactic might "hurt them if they go after everybody who uses 'monster,' like a little clothing company that really is not a source of confusion at all,'' he said.—victor petruccci