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Source:
http://www.monstercomputercases.com/

December 13, 2008 - Reformatted for easier reading.

FULLY CUSTOM, MAXIMUM QUALITY!, ONE OF A KIND Cases and System Designs
I am not a company, I am not affiliated with any monster company. No cables here, Forget the Motorcycles, Forget the Houses,
THESE ARE MY MONSTER COMPUTER CASES!

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

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