Copyright laws for the online world can get quite complicated, and with millions of people creating new intellectual property every day, people are bound to create things that appear very similar to the work of others, despite their intended use. When this happens, layers get involved and threatening letters start flying, often leading to a very public eruption of tempers that rarely ends well. The latest example of a pointless, yet potentially very damaging butting of the heads comes as a fight over a single letter used by both Monster Fish Keepers and Monster Energy in their respective logo designs.
Both companies use a very distinctly designed “M” logo, with the Monster Fish Keepers “M” sporting horns and a spade shape attached to the middle stern of the letter. Both of these traits are obviously meant to represent a devil. The Monster Energy logo, on the other hand, is merely a torn trail left by three claw marks. Both are effective at conveying the idea of a monster, and Monster Energy is accusing Monster Fish Keepers of using the logo in such a way that confuses their customers and potentially do financial damage.
Monster Energy originally sent their complaints in the form of a cease and desist letter. In the letter, Monster Energy demands that the Monster Fish Keepers logo be removed from the website and all clothing, accessories, and stickers. Additionally, the letter claims that consumers could potentially mistake the two brands. In response to the letter, Monster Fish Keepers responded by basically saying that they won’t give in to the drink company’s wishes, especially since they are an online community that is geared toward aquarium keepers and not drink marketing.
While this whole situation is quite annoying on the surface, there’s potentially a lot more on the line for Monster Fish Keepers. For one, Monster Energy has been around since 2002 and presumably have used their trademark “M” logo starting at that same time. The aquarium community has only been using their “M” inspired logo since early 2005, so the timing is on the side of the drink company. To make the situation more dire for Monster Fish Keepers, a concern over huge legal fees looms in the distance. In most of these situations, the loser pays the legal fees. On top of that, Monster Energy is a far larger company with relatively unlimited assets and they could simply drag the case out in court until Monster Fish Keepers went broke trying to defend themselves.
In lieu of the oncoming litigation, Monster Fish Keepers is asking for support from the aquarium community. They aren’t asking for any money, but are simply encouraging aquarium keepers to contact Monster Energy and let them know how ridiculous this entire situation is.
To show your support or simply found out more about the situation, please visit Monster Energy Company vs. MonsterFishKeepers.com.
For obvious reasons, we find this whole lawsuit to be one of the most absurd pieces of litigation since the Orbitec patent battle with PFO. Monster Energy is clearly going way out of their industry to pick a fight with a company that in no way competes for the same resources or customers. Hopefully Monster Fish Keepers pulls through this trying time unscathed.
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