Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


The Tabberone™ Archives
These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement.

When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position.

Source:
http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back/monster-sues-blue-jeans-cable

April 15, 2008

Monster Cable Sues Blue Jeans Cable

by Clint DeBoer - last modified April 08, 2008 09:32

Monster Cable has issued a Cease-and-Desist order to Blue Jeans Cable (Tartan Cable) over analogue cable connectors. In particular, the design of the Tartan component, composite, coax digital and stereo audio cables supposedly violates Monster Cable's design patents. From the letter:
---------------------------------------------
It appears that the design of the connector portion of the Tartan Cable component video, composite video, stereo audio cable, and coaxial digital cable infringes a variety of our client's design patents, including patent nos. D456,363, D366,863, D367,036, D376,580, and D366,862 (see Exhibits A-E enclosed herewith), along with our client's related trademark registration nos. 2,060,139 and 3,075,541, (see enclosed Exhibits F and G) and trade dress rights. Furthermore, the connector housing design of the Tartan Cable S-Video cable appears that it too may infringe the aforementioned '363 design patent.

Monster Cable is insisting that Blue Jeans Cable immediately cease and desist all sales, offerings, advertising, distribution, manufacture use and importing of the aforementioned cables. In addition, Monster is insisting a RECALL of such products and a full accounting of all units sold including profits made form the sales.

Monster is expecting an answer by the 11th of April.

While we don't speak for Blue Jeans Cable, we'd like to supply an answer on their behalf: "Mwuhahahahaha, haha, haha.. ahem. *cough...."

We thought there had been a lull in the numerous Monster Cable lawsuits which had percolated throughout the industry in the last few years. Apparently the lawyers needed more to do.

Design patents represent nothing more that that: design. There is no technological content within design patents. The net effect is that Monster cable suing Blue Jeans is like you suing someone who copied the custom paint job on your car.

What makes this even more comical is that the owner of Blue Jeans Cable is a lawyer by trade. We hope he takes this as far as it needs to go to shut down the lawsuit and end this nonsense.

For a long time, we've actually stated a general dislike for Monster Cable's connections that are mentioned in this letter and associated exhibits. They frequently tear off RCA connections as they attach themselves too tightly to the receiving end and require massive amounts of twisting in order to release them safely - something not always possible in cramped quarters and closely spaced connection blocks. If anything, Blue Jeans has improved the connector and perhaps should license the improvement to Monster Cable - of course that has more to do with a real patent than a simple design patent.

Copyright © 1998–2007 Audioholics, LLC. All Rights Reserved.

General
Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions

Corporate Lawyers
Cartoons | Code Of Ethics | Courtroom Remarks | Definition Of A Lie | Jokes | Lawyers | Lying | Who Have Lied

eBay - Land The Game

Definitions

Trademark Definitions
Blurring   |   Confusion   |   Damages   |   Dilution   |   History   |   Initial Interest Confusion   |   Likelihood Of Confusion   |   Material Difference Standard
Parallel Imports   |   Post-sale Confusion   |   Puffery   |   Secondary Meaning   |   Subsequent Confusion   |   Trademark Abuse
Unauthorized Use   |   Unfair Competition   |   What is a Trademark?
Copyright Definitions
Angel Policies   |   Contributory Infringement   |   Copyrightability   |   Copyright Extortion   |   Copyright Misuse Doctrine
Derivative   |   The Digital Millennium Copyright Act   |   EULA   |   Fair Use   |   First Sale Doctrine   |   Product Description
Registration   |   Registration Denied   |   What is a Copyright?   |   What is not Copyrightable?
Other Issues
Embroidery Designs   |   FAQs & Whines   |   Image and Text Theft   |   Licensed Fabric   |   Licensing & Licenses
Patterns   |   Patterns Index   |   Profit   |   Quilting   |   Selvage   |   Stanford School of Law Case Outline
Tabberone Disclaimer   |   Trademark Extortion   |   Urban Myths   |   What To Do If You Are Veroed

Federal Court Cases
Alphabetically | by Federal Circuit | by Subject | by Court Quotations

Federal Statutes
Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22

VeRO (Verified Right's Owner Program)
VeRO Commandments | VeRO-Verified Rights Owners Program | Counter Notice Letter
Counter Notice (pre-2003) | Counter Notice present | On-Line Survey from 2004 | Articles about VeRO | What To Do If You Are Veroed

Original material by Karen Dudnikov & Michael Meadors is © 1999-2016