If you want to be thoroughly let down (again) by the actions of Corporate America, WATCH this video.
****This case HAS been settled. This video is about 5 months old i believe.
This is Rock Art brewing in Vermont. They Brew a barleywine called The Vermonster. Monster Energy Drinks demands that they cease and desist using the word MONSTER in their beer.
www.youtube.com/watch?v=kbG_woqXTeg
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Rock Art actually won the lawsuit and if you watch part two of the webisode, Matt explains that it isn't the corporation that's at fault, it's the trademark laws and how they need to be reformed. Having spoken with lawyers about trademark law in-depth, it really is a problem. A trademark can be a huge part of a brand identity. I believe Harley-Davidson has a trademark on the sound of their motorcycles. It's bound to be problematic when you are trying to protect intangible property.
Even though he explains that it isn't Monster's fault, he is correct that deep pockets win with the current system. Gibson guitars have been going after anyone with a single cutaway set neck guitar for trademark infringement of a Les Paul. They went after the third largest producer of guitars, PRS and still won, and that was an even playing field. PRS appealed and eventually the ruling was overturned, but they did lose a few years of sales over a design that was clearly different. So even when the same situation is fought with equals, it can be difficult.
Large corporations are a part of the American just as small businesses are. We need to be able to live in a world that both can exist.
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