UPDATE (10/22/2009): ROCK ART IS SAVED! Check out the details here.
Note: If you’re reading this and haven’t read my original post “Save Vermonster, Save Rock Art Brewery“, then please do so first.
So I received an email reply from my complaint email I sent Hansen yesterday. They get credit for at least answering the email, but I still don’t believe that their actions are acceptable, and you won’t ever see me with a Monster energy drink in my hand until the cease and desist has been revoked. Rather than passing judgment, I’ll simply pass along their reply.
Below you will find the [canned] response I received from Hansen Beverage Company, as well as the text of the PDF file they sent me.
Email:
Please note that Hansen Beverage Company presently has not filed a
lawsuit against Rock Art Brewery, LLC.
Hansen had sent a “cease and desist” letter to Rock Art Brewery on
September 4, 2009, after learning that Rock Art had filed an
application to register a federal trademark throughout the United
States in connection with “Vermonster” in July 2009.
In order to protect Hansen’s valuable Monster Energy(R) trademarks,
Hansen is legally obliged to, and routinely sends, cease and desist
letters to any entity and person who use or attempt to register similar
trademarks for products that are similar or related to Monster(R)
products.
Please see the attached response from Hansen Beverage Company about the
cease and desist letter sent to Vermonster.
Regards,
Consumer Relations
Hansen Beverage Company
Attached PDF:
HANSEN BEVERAGE COMPANY
550 Monica Circle, Suite 201
Corona, CA 92880
Phone: 951/739-6200
Fax: 951/739-6210
Hansen Beverage Company Responds to Inquiries
About Vermonster Cease and Desist Letter
October 14, 2009
About Hansen Beverage Company and Monster Trademarks:
“Monster Energy ®,” “Monster®,” “ ” and “ ®”
Hansen Beverage Company manufactures and distributes the famous MONSTER
ENERGY® line of energy drinks and owns trademark registrations for the famous marks
in the U.S. and throughout the world for beverages, branded apparel and other products.
Over the last eight years, Hansen Beverage Company has spent many millions of dollars
promoting and establishing awareness for these trademarks around the world and has
additionally spent millions of dollars registering and protecting these trademarks which are the Company’s single most valuable asset.
In July 2009, it came to the attention of Hansen Beverage Company that Rock Art
Brewery, LLC had filed an application to register a federal trademark throughout the
United States in connection with Rock Art’s Vermonster beer product.
In order to protect Hansen’s valuable Monster Energy® trademarks, Hansen is
legally obliged to, and routinely sends, “cease and desist” letters to, and where
appropriate, pursues litigation against, entities and persons who use or attempt to
register similar trademarks for products that are similar or related to Monster
Energy® products. A “cease and desist” letter was sent to Rock Art Brewery on
September 4, 2009.
Hansen is a publicly traded company with an obligation to its shareholders to
vigorously defend its valuable trademarks and intellectual property rights against
dilution, potential infringement or confusion. Opposing the same or similar
trademark applications is standard protocol for Hansen Beverage Company, as it is
for all other consumer product companies.
Hansen has not, and does not, target or single out one company over any other, nor
distinguish between big or small companies or individuals when enforcing our
trademarks. The size of the third party misappropriating or infringing the Hansen’s
trademark rights is irrelevant.
Hansen management has been working with Rock Art Brewery toward an amicable
solution.
As part of prudent business practice, Hansen Beverage Company will continue to
take appropriate action to protect its trademark rights and property.
Yes, It's basically one of a thousand emails exactly like that one they sent today. What I think they should do is buy the brewery and they are in the beer business tomorrow. They might need to work on the Vermonster name first thing since it has nothing to do with their brand, but at least they'd be in the business.
Hansen could indeed produce a fortified energy drink named verMONSTER perhaps they are looking to display colt45 in the beer case??