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Hansen Natural Corporation The American Dream

  • Posted by: on October 20th, 2009 |
  • 31 Comments

In a recent post by one of my dear friends named Allyn Hane, wrote that he believes the corporate giant Hansen Natural Corporation is trying to destroy the small time beer vendor Rock Art Brewery by claiming infringement of trademark in the use of the name Vermonster as in one of their signature beers. For those of you who are not NASDAQ literate, Hansen Natural Corporation is the parent company for Monster Energy Drink.

Energy drinks are soft drinks advertised as providing energy to improve physical activity of the drinker, as compared to a typical drink. Rather than providing food, energy drinks are designed to increase a user’s mental alertness and physical performance by the addition of caffeine, vitamins, and herbal supplements which may interact to provide a stimulant effect over and above that obtained from caffeine alone. In other words, a legal upper.

Rock Art Brewery received a Cease And Desist Letter on September, 14 2009 saying what every Cease And Desist Letter usually says which is: “stop using the current name you are using because it infringes in the trademark we have.”

Rock Art Brewery is a “mom and pop” microbrewery located in the State of Vermont which in 12 years has gone from a garage to an actual building and 7 employees all done with hard work and sweat of its owners not to mention the financial risk a new business owner undertakes when he decides to do this kind of venture.

In response to the Cease And Desist Letter the owner of Rock Art Brewery not only sent them a letter but also started a social media campaign to make others aware of the “injustice” that is being carried against Rock Art Brewery by the Hansen Natural Corporation hence here we are talking about it.

Until 24 hours ago I had never heard of Rock Art Brewery but because the law firm that represents Hansen Natural Corporation and probably sends out hundreds of these letters a week in a pre-formatted standardized form sent one out to them, here we are. We will discuss this later.

The biggest argument here is the fact that Rock Art Brewery is a small time “mom and pop” operation and Hansen Natural Corporation represents what “Corporate America” is. The classic David and Goliath story. How big business is trying to stop the great American Dream, a small guy trying to make it big.

Well, if this is the case and Rock Art Brewery is the definition of the chase for the great American Dream then Hansen Natural Corporation is the “Great American Dream”.

Hansen Natural Corporation was founded in the 1930’s by Hubert Hansen and his three sons so this is the classic “mom and pop” operation add to it sons. Started with nothing and with hard work sweat and, of course, the financial risk that was taken, has become one of the leading beverage vendors in the United States something I am quite sure Matt from Rock Art Brewery would love to see happen one day with his business.

You have to ask yourself if the positions where switched and Rock Art Brewery was the “Big Corporation” and owner of Monster Energy Drink and Hansen Natural Corporation was the small guy with the local “mom and pop” operation with the beer named Vermonster would he have a law firm sending out Cease And Desist Letters trying to protect their brand. After all Rock Art Brewery did also Trademark the name Vermonster for the same reason Hansen Natural Corporation Trademarked there name to protect it.

The owners of Rock Art Brewery can turn blue in the face saying they would not be doing the same thing and I would not believe them, they would be doing exactly the same thing. You know why? Because it is smart business, and you do not grow a garage operation into a full brewery being stupid or ignorant.

In business as in law there are certain unwritten rules that one must always follow. In law, you shall never ask a question if you do not know the answer. In business, you shall never let your emotions or pride get in the way of your decision making.

Every post or video that I have seen in the past 24 hours are full of passion and, no doubt, that is great. Unfortunately they totally lose focus on really what is wrong here. But before we get to the problem let me be clear on certain points.

If Victor Franqui was the owner or CEO of Hansen Natural Corporation would I be going after “mom and pop” owners and try to kill the American Dream?

Absolutely!

Most new business owners see the hard part as trying to build a successful company and once they reached that illusive goal, the coast is free. In fact, once you have become a huge successful company now multiply the hard work by ? to now stay on the top.

The way I look at it and which I am pretty sure Hansen Natural Corporation looks at it, is this might not even be a simple small issue with Vermonster, but the other 50k thinking about using the Monster in the name of one of their beverages. Why wait until it becomes an issue when I can stop it right now.

We are living in tough times. As a matter of fact, one of the toughest in the short history of our country. It looks like the worst is yet to come so, as a business owner, I will do everything (and I mean everything) in my intellectual arsenal that is legal to not only keep my market share but also to grow in this economy. If that means hiring a trademark law firm to send out hundreds of letters every week trying to stop future competition for me, then, that is what I will do. After all, I am not doing anything illegal, or am I? And this is where the problem lies.

The problem is not Hansen Natural Corporation or “Big Business”, the problem is the United States Trademark law and the actual process which, in fact, needs huge reform. Anybody and their mother can use the system to try to either cash off in the case of civil lawsuits or in the case of trademark, use the system and, I repeat, the system, not the law, for its own purpose. See, the way the system works right now, the guy with the bigger pocket wins by attrition.

So just like Hansen Natural Corporation, Matt and I (even though Matt will not admit it) can legally use the system to kill our competition. Should this be illegal? Yes! But it is not, and as such we would just be using the rights granted to us under the current system to protect our business.

Trademark law is actually very complex. Even though personally I see no merit to Hansen Natural Corporation’s claim of trademark infringement against Rock Art Brewery the fact is that law has to do a lot about presentation and interpretation so there is no such thing as a ‘for sure’ in law, especially in Trademark. Even though just with the “Classic Trinity” should be enough to see where this would go.

But wait because it gets better. The way the law is written businesses do have to protect their trademarks otherwise they become generic. In other words if they are not consistent in the pursuit of companies like Rock Art Brewery in future preceding where there Trademark would become issue they could become another “Murphy Beds” using as a guide in “The Murphy Door Bed Co., Inc., Plaintiff-appellee, v. Interior Sleep Systems, Inc., D/b/a Murphy Beds, Etc.,murphy Bed Co.” where it was determined:

On March 23, 1981, and again on November 16, 1982, the Patent and Trademark Office (“PTO”) denied the Murphy Co.’s application to register the Murphy bed trademark. The PTO examining attorney explained that the words “Murphy bed” had become generic and that the phrase Murphy bed was “merely descriptive of a characteristic of the goods.” In August 1984, the Trademark Trial and Appeal Board (“TTAB”) affirmed the denial of registration. See In re Murphy Door Bed Co., Inc., 223 U.S.P.Q. 1030 (T.T.A.B.1984). The TTAB noted that “Murphy bed has for a long period of time been used by a substantial segment of the public as a generic term for a bed which folds into a wall or a closet.” Id. at 1033.

In other words the system forces corporations that want to make sure they keep the Trademark intact to do everything possible to keep it exclusive to the product the trademark refers to. Want to make sure you keep your Trademark? Get those nasty “Cease And Desist Letters” and buy stamps by the roll.

Also always keep in perspective you use a name that is part of a brand there is always the possibility that down the road it could come to haunt you. This of course I am sure Matt though off when he was thinking about the name and if he never considered the potential risk well how ignorant of him and ignorance is not a legal defense in the United States.

For those of you that have so passionately wrote about this “David and Goliath” story I have a few pointers.

Rock Art Brewery will be having more sales now than they will ever have had the chance to have because Hansen Natural Corporation decided to send them a Cease And Desist Letter. So heck Matt needs to put the CEO of Hansen Natural Corporation in his list for Christmas cards.

All new business owners dream of one day being “Big Business”. For most entrepreneurs it is not even about the money, it is about the game. I have not met one Fortune 500 CEO, and I have met a few, to whom their biggest drive was not the money but to strive to be the best, biggest, numero uno, etc. If you are a business owner that is looking to just barely make it then you really have almost no chance to make it because the drive will not be there.

And probably here comes the biggest lesson anybody reading this should get from it.

The Business World is a dog eat dog world, welcome to reality! And yes only the strong will survive.

In order to be “The Great American Dream” only a few can attain it. If everybody could do it, then it would not be a dream. In order to reach the dream you will be put in positions where you will have to make decisions that might not be looked at as nice; sensitive; moral and so forth. After all, just because it is legal it doesn’t make it moral, right?

If you really think what is happening with Rock Art Brewery is unfair and unjust the maybe you should focus on the root of problem instead of focusing on the outcome. Call your Congressman and ask for Tort Reform in the United States ask for procedural changes so frivolous and nuisance lawsuits have serious consequences including criminal. Bare in mind though one day you might be at the top and the same rights you are claiming unfair or unjust might be the rights you wished you would have. See in the real world everything becomes the perspective you are looking it from.

“Hansen Natural Corporation The American Dream”

PS: Maybe will be having a continuation if PepsiCo. ever decides to go after Hansen Natural Corporation for Trademark Infringement of Gatorade with there version called Energade. I wonder if we will have as many people in an up rise? PepsiCo. would be a true Goliath and Hansen Natural Corporation would be David.

31 Responses to “Hansen Natural Corporation The American Dream”

  1. Allyn says:

    You see Vic, you understand business and law in a way that I do not. However, I still think corp responsibility means helping small businesses instead of tearing them down. But as you state, that is my emotion playing into it. I enjoy living in that world, 😉
    And you are right, I have to assume that Vermonster beer is flying off the shelves right now.
    I did do another vid at the site… major rant and rave, very vulgar…

  2. Josh says:

    Well spoken with such a claim and rational eye. The fact that Rock Art had applied for trademark meant they wanted to keep the name for themselves and possibly go after others that tried to infringe. Sure, I don’t agree with the practice of pounding people into submission via the pocket book, but as a patent holder I would do what I could to protect it as well. It’s the nature of the beast, kill or be killed.

    • Vic says:

      Kill or Be Kill! The way the system is, It is What It Is! You either go for the jugular or it be could yours cut. I think by default we tend to side with Rocky not really analyzing how things would be if we where Apolo but if we stepped back and looked at things from Apolo’s view it might just be a bit different.

  3. […] Rather than getting into all the nuances of the Hansen Natural Corporation vs Rock Art Brewery case, go read Vic’s article Hansen Natural Corporation The American Dream. […]

  4. John says:

    Nice to see someone writing about what is really going on with this case instead of the emotion filled rants that are running around the internet.

    Hopefully this case will lead Congress to visit the archaic trademark laws and fix the problem.

    I think you meant “dog eat dog” not doggy dog. I could be wrong though.

    • Vic says:

      As mentioned to Josh I think it has to do with human nature first instinct side with the “underdog” The fact is John I do not think so it seems every time our law system is looked at the same interest groups bring enough lobbying to kill any opportunity for reform.

      As always it is a must for me to have in some way killed the English language in my post LMAO!!! It has been corrected.

  5. John says:

    Yet another reason lawers are scum.

  6. shari says:

    Vic,
    You clearly have an excellent understanding of the laws and process concerning this case. Your post does a lot to clarify all but one issue, which honestly is the major issue in my mind: Monster Energy drink is SODA. Vermonster is BEER. Vermonster agreed to concede its trademark in the energy drink category, and Hansen declined because it MAY ONE DAY choose to enter the adult beverage market. Further, they DEMANDED that Rock Art pay THEIR legal fees.

    And that, to me, is where the wtf? comes in. That seems shady, over the top, and unnecessarily ruthless. You may argue that it is just good business. And maybe it is. But it’s not right.

    • Vic says:

      Shari once again it is a bit more complicated then Soda vs Beer. See as a business owner we always want to keep our options open. See the energy drink market is one off those markets that is not fully regulated by the federal government but it is being looked at so I am sure they want to keep the option open to do the switch from energy drink to the alcohol market it would not be the first time a switch like that has happened think Coca Cola.

      But here comes the best part. Currently you will find in more bars around the United States Monster Energy then you will find Vermonster because Monster Energy is used as a drink mixer so in reality Vermosnter is invading the Monster Energy market.

      Think about it a guy who is drinking a mixed drink with Monster Energy right now might choose down the line to drink a Vermonster thinking that it is from the same company. Below is a small list of drink mixed with Monster Energy.

      Absolute Monster
      Blue Monster
      Cloverfield Monster
      Coolwater
      Crank and Vodka
      Dirty Crane
      Grassy Knoll Cocktail
      Hot Cider Energy
      Irish Monster
      Jager Drop
      King of Krunk’s Juice
      Mango Tango
      Monster Mash

      And indeed it is wrong but as with Josh It is What it is. This is one of those deals that when we are thinking about being an owner operator we have to think about.

      • shari says:

        Thoughtful response. Still, I can’t agree with you. I don’t think ANYONE going into a bar wanting a mixed drink might accidentally ask for beer. It defies common sense.

        • Vic says:

          Shari this is neither what you or I think. This is what the judge or a jury believe in a legal argument or have you not ever heard of the “Twinkie Defense”

          I would also not believe Any Jury would award $2.7 million to a plaintiff for getting burned with hot coffee because the coffee cup was not labeled hot.

          So once again you are mistaken my suggestion do not go on what you think but go on what is on the record as facts based on judgments, also is common sense really so common?

  7. lissie says:

    LMFAO – Vic with the polite well-written response – Allyn with the foul-mouthed rant – funny! Oddly enough I know a little about trademark law as used in New Zealand – I worked in the Patent office for some time though I am not a lawyer. Their law is based on Commonwealth (Britishh) law and my understanding is that you register your mark – and part of that process is to establish usage – you don’t do that by defending your claim – the part which seems so stuffed up in US law – you do it via an independent party -the govt’s Intellectual property office – the relevant part is here http://www.iponz.govt.nz/cms/t.....nce-of-use
    Oddly the trademark examinars are not lawyers – they are usually arts graduates who have been specifically trained to apply the regulations – it didn’t exaclty make for an exciting work environment – but it made for a much easier legal framework to do business.
    Oh and yes NZ does only have 4 million people but we have invented some of the cool stuff of the world – like the jet boat and automatic milking machines LOL

    • Vic says:

      I think that our system could easily be fixed if serious consequences are set in the actual process and include a hefty set bond based on sales of the plaintiff this way the small guys pays less then the big guy to start a claim for infringement subject to forfeit of said bond. This would make it where only real claims would be made there are other alternatives in the system where a dispute of trademark can be handled right now and it does not include a lawsuit.

      as for the irony of Allyn and me LMAO!!! What can I say I am so done with BU but I am glad some one picked u the ball LMAO!!!

  8. Vic said, “Hansen Natural Corporation…has become one of the leading beverage vendors in the United States something I am quite sure Matt from Rock Art Brewery would love to see happen one day with his business.”

    Diane says: “Vic, you are making a huge assumption about a business man you have never met, a company on which Board of Directors you do not sit, and yet you claim to know the direction of Rock Art Brewery. Perhaps Matt has other things to do with his time, like spend time with his wife and children, then take on the goal of being one of the leading beverage vendors in the USA. There are any number of worthy financial goals for Rock Art Brewery which do not include becoming a leading beverage vendor in the United States. One that comes to mind is being one of the leading craft brew vendors in the United States, a much more attainable goal.

    Where are Rock Art Brewery products sold? From what I could gather, like nearly all craft brewery products, they are not normally carried by mainstream grocery store chain conglomerates, such as Piggly Wiggly, Kroger, Fred Meyer, Safeway, etc,. Craft brewery products are usually carried by natural food stores, health food stores, or inside the natural foods section of a large grocery chain store (not next to Coors or Bud Light). That share of the beverage market is very small, and it is the market where Rock Art Brewery products are now carried.

    Do not assume your idea of the American Dream is the same as Matt’s, or that of all your readers. It certainly is not my idea of an American Dream. I go out of my way to NOT PURCHASE the product of a huge corporation if there is a locally made version of the product I seek. Even if it is more expensive. I want the smaller companies of the USA to still be around decades from now. I take no pride nor comfort in the ability to find the same beverage or same hamburger or same bag of pretzels in every state of our country. Huge corporations are creating a huge melting pot of sameness and boredom. The ability of companies like Rock Art Brewery to survive amicably alongside huge companies is extremely important if we want to have any local culture remaining in our country. What makes each city in our country unique? The people who live there and the things they produce. If they can no longer make a living by producing items unique to their geographic area, then we are losing sight of what made our country great. The true entrepreneurial spirit which built our economy is being destroyed by huge companies who have no limits on their profit goals. Their stockholder needs are insatiable. When will a large company come forward and say, “Okay, we have made enough money now, enough is enough, our new goal is to level off and maintain the current profit , because we have met our goals.” We all know that it will take a huge amount of resources to make that come true; the company cannot just sit on its laurels and maintain the profit. If I was an investment portfolio manager, I would strive to keep a few companies like this in the mix. Because it seems to me a company with profit limits, a company that does not attempt to grow too fast by overreaching its own resources, might be able to survive a recession unscathed and thereby would provide stability to its investors. I am not an economist or a business school graduate, just someone who has been around the block a few times; I have seen plenty of small companies “outgrow their britches” and fail.

    No doubt Hansen Beverage Company sends dozens or more cease and desist letters out weekly to protect all its trademarks. It has been doing that for quite a while, I don’t doubt. But when it first began doing so, social media was in its infancy. It is interesting to see the fervor and passion this one situation has stirred up. And I hear your message that it is the system that needs changing. I hope this social media reaction to a routine event in the proceedings of a large US corporation spurs many to action to reform the laws which allows, and indeed demands, a company to send such letters in order to retain its trademark.

    If not Rock Art Brewery, it is highly likely that another small company would have started a social media campaign against Hansen Beverage Company or any other large corporation sending out cease and desist letters to protect its trademark.

    I feel that Hansen Beverage Company is pushing the system to its limits, however, and this is where I am critical of the company. They are seeking to take a generic term (Monster) and trademark it. Preposterous. In the case of the Murphy bed, the brand contains the family name. The Murphy bed company then did not attempt, for example, to trademark a generic term of any kind for any other product. I can justify the company trademarking the Hansen name for beverages, but not ‘Monster,’ and not in categories where they do not currently have any products.

    Excuse me, but the word ‘monster’ has many meanings and has been used in many commercial applications. Did Hansen Beverage Company also have their attorney send ‘cease and desist’ notices to:

    Bobby Pickett and Leonard L. Capizzi for writing “Monster Mash” in 1962 because Hansen Beverage Company MIGHT branch out into songwriting and song productions?

    Bob George, one of the owners of a motorsport promotion company named Truck-a-rama, who is said to have coined the phrase “monster truck” because Hansen Beverage Company MIGHT want to branch out into car crushing demonstrations?

    monster.com because Hansen Beverage Company MIGHT want to start a job seeker site someday?

    Pixar for releasing ‘Monsters Inc’ because Hansen Beverage Company MIGHT want to get into film production someday?

    I think this is the detail that is getting many people angry and confrontative about the situation. This is the detail that has made all the difference for me when it comes to choosing a side. I choose the small company in this situation, based on my disdain for that practice.

    My question is this: “Is that actually allowed by the trademark laws? Is is actually lawful to send a cease and desist order to a company in a category where your company CURRENTLY HAS NOT PRODUCT ON THE MARKET IN THE CATEGORY?”

    As long as a company abides by the trademark laws, and the laws allow such a practice, I agree it is the system that should be receiving the brunt of the impassioned anger being expressed in phone calls, letters, petitions and blogs.” If it is indeed within the scope of trademark law to send cease and desist letters to a company marketing in a category where you have not yet entered a product, then I am all for turning the tide away from Rock Art Brewery vs Corporate America and to Rock Art Brewery vs Trademark Law.

    The reason the business world is a ”dog eat dog’ world is because business owners believe it should be. It does not have to be that way. Not every company has that viewpoint. I buy the products of small, local companies whenever possible, and they refuse to compromise their values and get caught up in the race to the top where morals and ethics take a back seat to profit. Maximum profit is not always the best choice for longevity of a company.

    Kill or be killed? I don’t buy it. Coexistence is possible, even in the business world. Consumers are smarter than the companies give credit for. Some of us care that bikini-clad women are being used to sell a drink at all, and especially to such a young population as the demographics of Monster Energy Drink purchasers. Some of us might boycott the company on that basis alone. And some of us might stop buying Hansen Natural Soda because the company has grown so far beyond its humble beginnings that it no longer resembles itself.

    Diane

    • Vic says:

      Diane once again you prove my point of the initial post. Your whole comment is based on emotional and not on any based fact or experience. If you have ever ran an actual successful business then you might have at least an experience but you do not it is purely based on emotion and the fantasy of the poor small guy.

      No I have not sat on there board but the intention is clear the reason Hansen went after them was because they where going after a Federal Trademark of the name in other words they are looking for national distribution see Diane indeed they do want to be in the big leagues one day. Now Diane you would had known this if you would had done your due diligence again this is one of the things I still do not know if I can teach you folks you took time to write a long comment totally based on nothing nada not one point of fact just emotions again you can not have emotions in business period and as long as you do not understand this you have no chance in surviving in the business world.

      I love you Diane you need to learn to put your emotions to the side and look not only this issue but business from the factual point of view.

      Matt and his company have every right to do what they want to do. He can decide to do everything you mentioned but Diane in life you can not have both ways. No Diane you can not have your cake and eat it too. But in life people want it both ways.

      And you like it or not, agree or not it does not matter the fact is business is business and the strong survive and the weak do not this is neither an assumption or an opinion it is fact based. Now the the day I decide to live in fantasy world then in that fantasy world I will make it like you wanted.

      In my case I decided that the big business world is not for me. I indeed chose to spend time with my wife and kids and as such I no longer run and choose to run a large company. I do not start a large company and make a product that even remotely can one day put me in a situation where a trademark might come to play. And I have proven it to you guys time and time again by telling you folks to stay away from branded business names in domains it is not worth the hassle even though legally if you had the money you could win.

      Now your big CAPS on the fact that Hansen has no product in the category again shows your total lack of legal, business understanding.

      Yes Diane they can legally argue they do have a product in the category and that category would be the top level category which is beverage sales see Diane they are both beverages or did you not really understand that see if maybe you left the emotions out of it and used business and legal sense and looked at it from the stand point of legal strategy it is plain to see.

      But let’s make it more interesting from the legal stand of damages it could easily be argued that the inclusion of the name Vermonster in every bar in the United States could potentially be mistaken as a product that is created by Hansen since they already have in every bar Monster Energy as a drink mixer they have a potential of lost sales if people that usually buy a mixed drink with Monster Energy decided to buy Vermonster believing it was a Hansen product.

      And Diane that is how the legal system works! 😉

      See Diane the biggest difference between you and me is I actually speak from knowledge, education but more importantly from actual life experience of running multimillion dollar companies successfully. I do not speak from a third party stance I speak from me not the product I have bought from people but products I have sold through the large companies I have managed.

      Now the single most important thing I hope you have learned from this reply is that in order to make an argument you must have actual knowledge especially if you are debating a point with a person like me who is the real deal. You come with the emotional angle and it just will not hold water and you end up looking ignorant.

      And one last clarification the definition of The American Dream is not mine that would be quite arrogant don’t you think? But I thank you for attributing it to me.

      As you stated for each individual the dream is different and it can evolve as it has with me.

      See I am currently living my dream. Own my home free and clear healthy children a wife that I love and get to help others achieve what they think is there dream in a small way.

      But for the average business person in the United Sates the most generic look of the term is as follows and I quote.

      In general, the American dream can be defined as being the opportunity and freedom for all citizens to achieve their goals and become rich and famous if only they work hard enough.

      I hope you take a step back breath know that i love you and take a full look at this issue as I stated in the post the problem is not Hansen or Matt the problem is the system.

      You want to really stop this move for law reform. Start a social media campaign to get people to call and write there Congressman and maybe one day the system will be balanced and more fair. Notice I said more fair because true fairness is an illusion facts of life are there will always be a winner and a loser.

      School is now in recess.

  9. Griz says:

    I hate to say it Vic but my old eyes cannot read the comments – I even tried a magnifying glass – just fuzz. Please please change the font??? 🙂

    Other than that – very civil post and yes you are presenting the sober view which the courts represent but it ain’t as much fun as the emotional diatribe expressed by the masses. Of course my post supported Goliath… 🙂

    (Nice to hear from ya” – hope all is well my friend)

    (wtf not an F-bomb in sight? What is the name of that medication?) 😉

    • Vic says:

      “wtf not an F-bomb in sight” LMAO!!! yeah Bu is done and over.

      I removed the font script as it was causing way to many issues hope this is better.

  10. In business school, I have to take a business simulation called “Glo-bus” (glo-bus.com) and in it our actual grade is based on who is number 1.

    Needless to say it’s a business game and I excel in such situations. Sadly I made decisions today that destroyed completely everyone’s chances of becoming number 1 because well, I made my simulated company the best and everyone else, well, ehhhehe, they’re screwed.

    So I get 100% of the grade and everybody else below me gets a percentage of the points as a result. Just like in real life. The funny thing is, it’d be better if everyone just got a grade based on effort or just participating, but my professor wants to prove a point I guess. Of course I’m one of the few with business/entrepeneurship training so I have a really hgue advantage in teh class .

    It always bothered me that people had to sue just to keep their copyright, it’s so fu@$#ing bs but I don’t know if it will change, will it?

    But spot on, that is what is really wrong, the system or system of laws are just really really f’ing bad.

    • Vic says:

      Yup all of those that have gotten through business school this is one of those things that we must do and it gets more and more competitive as we get higher degrees all it is designed for is to teach us what we will encounter when we come to the real world which is like it or not a kill or be kill system.

      Really proud to know you screwed your whole class, congrats my dear friend keep it up as this is something that will define how successful you will be in running a real large business.

  11. Frank C says:

    It seems that Hansen has engaged the services of an Intellectual Properties law firm that takes a scorched earth policy toward any usage of the client company’s trademark on the Internet. This even includes sites that use a jpg with their name in it, such as you have on this post.

    Business is business but there is a point where pursing a total war approach when it comes to litigation will negatively affect a business’ bottom line. Smart companies avoid conflict, only asserting their trademark and other legal rights when necessary, while poorly run ones (or ones that are little more than a law firm in disguise) will try to fight a multi-front legal war like Hansen is doing.

    For a company that’s trying to go after the youth market in a big way, generating negative publicity online is a stupid business move. Imagine the positive online publicity a competitor, like Red Bull, would get from giving Vermonster a hand.

    • Vic says:

      Frank the point of the post is not about how well they handled the situation indeed not the best strategy considering the “backlash” and yes I did put sn quotes because the last time i looked at the video view count we are talking about 60k plus considering there are 303,824,640 people in the US not really a backlash yet. Now if this video reaches at least 5 million views then it would be something to really worry about but as of right now if you search Google you will find the following Results 1 – 10 of about 16,100 for vermonster+monster energy yeah Frank I am sure they are having overtime meetings worried on the massive social media campaign running right now LMAO!!!

      Bu beyond the amazing social campaign and video views the real number to keep an eye on is this one as long as the numbers stay the same again I really do not think anybody at Hansen is really losing sleep. http://finance.aol.com/quotes/.....n/hans/nas

      As for the point of the jpg name I will take some time tomorrow and make sure I change it as indeed I have no interest in making a post on how bad Hansen is cuz they sent me an email about trademark infringement LMAO!!

      • Frank C says:

        Thanks for getting rid on the script font script Vic, it was crashing Firefox on me.

        I do think that Hansen management will disengage the IP law firm they’re using soon because it’s making them look bad. Vermonster isn’t the only company or individual they’ve gone after since mid-September.

        Since most of their stock price is based on them being a glamor growth stock maintaining a good public image. What would really hurt them would be negative business press that indicated that they were losing the 12-18 youth market due to bad PR moves. When this kind of bad PR happens, analyst start reviewing a stock with a more critical eye and all the original romance goes away.

        It probably does illustrate a lot about what you say about social media not being effective in the long haul. In this case, the real target should be the business press, like Motley Fool and so forth. That would really hurt them by scaring off investors where they can probably more or less ignore YouTube videos up to a point.

        • Vic says:

          Yeah it is cool as heck but if it was a problem to read and also crash firefox it was time to face reality.

          I totally agree buddy now this story get’s picked up by a big media and it would be a different story then again these large sites also want the advertising dollar so you never know.

          I still believe if a social push was made for tort reform for the long haul it would be so much better but of course the liberals would do as they have done in the past and kill it.

          In the future if when I actually have time I would love to get something going but for now it is all about getting the business and my responsibilities in order.

  12. Justin says:

    This debate is compelling and rich just like this fine cocktail im drinking…vodka, vermouth and monster energy drink…

    I guess what its called?

  13. Allyn says:

    Wow, what a great convo going on here! Well, I have to say that my background comes from being trained as a Baptist preacher …so my thinking is based on privately interpreted facts (scripture) delivered (preached) with an air of emotion to convey the point! (think that sums up my vid minus the cussing, my former pastor is turning over in his grave) LOL
    As i stated before, I live in the emotion of many moments. I think that real change comes from stirring people’s hearts to action, not reasoning with them on the rule of law. An emotional mob will bring change faster than a room for of sweaty-assed lawyers. 🙂
    To each his own, and that is why I do love our country so much because i am free to speak out in my own way and share my beliefs with like-minded people… and in the end, we can all sit together and drink beers together! (but not Monster Energy Drinks)
    AL

    • Vic says:

      Well buddy if history of foul mouth ex preachers come into play your future is bright!

      One of the greatest comedians that has ever lived IMHO was Sam Kinison a former Pentecostal preacher and you sure have the same spark!

      “An emotional mob will bring change faster than a room for of sweaty-assed lawyers.”

      Agree! But I would make one change “An emotional mob directed in the right path will bring change faster than a room for of sweaty-assed lawyers.”

      This indeed is a wonderful country my friend in some countries I would had been picked up and shot for writing this post 😉

  14. Stan says:

    Allyn,
    You might be free now but maybe not at the end of this administration’s tenure. They want to silence all radio and TV that disagrees with them. Guys like you won;t be far behind. This ain’t the America it once was that you love so much.

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