Ask yourself if this is fair.
http://consumerist.com/5381528/brewer-sued-by-monster-energy-drink-asks-america-for-help
http://consumerist.com/5381528/brewer-sued-by-monster-energy-drink-asks-america-for-help
Is this fair ?
- Thread starter Cragar
- Start date
another wonderful example how our 'free market principles' regulate themselves- if you have money and power then you are free to market regardless of wrong or right.
Flame me if you will but no more Monster drink for me.
- Joined
- 16 April 2007
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Reminds me of Ford. That company totally stole the intermittent wiper idea from the guy who invented it. As I recall, they acted with complete impunity because they could.
Don't think for a moment that you won't be steamrolled if you invent something useful.
Plus, once the lawyers have worn down the little guy, the company is free to rub salt in the wound, like this:
http://media.ford.com/article_display.cfm?article_id=29145
"Oh, we don't want to rehash. Just swallow our story and buy our stuff."
Don't think for a moment that you won't be steamrolled if you invent something useful.
Plus, once the lawyers have worn down the little guy, the company is free to rub salt in the wound, like this:
http://media.ford.com/article_display.cfm?article_id=29145
"Oh, we don't want to rehash. Just swallow our story and buy our stuff."
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Right out of Sam Walton's playbook. It sucks! :frown:
What does this have to do with the free market what so ever? It's an issue with the legal system. The same issue arises if you are "caught" down loading music illegally. The fine is usually about 5k to settle. You always settle. Always.
What's the big deal? This is the best thing that could happen to him. He's essentially making thousands in what he would have spent in publicity and marketing fees. After all, honestly here, how many of you heard of him, his beer or his company before this lawsuit? Now you know all about his beer, how it's made, a bit of history about him and his company etc. etc. etc.
Just continue the woe-is-me routine, change the name to "I Got Corporately Screwed" beer and let the profits roll in. The smart thing to do is to not fight what is inevitable, but to roll with the punches and make the most of it as he can. Create YouTube videos, market it on Facebook, do news interviews. Basically what he's already doing. If he plays his cards right, he'll stand to benefit the most out of all of this.
Just continue the woe-is-me routine, change the name to "I Got Corporately Screwed" beer and let the profits roll in. The smart thing to do is to not fight what is inevitable, but to roll with the punches and make the most of it as he can. Create YouTube videos, market it on Facebook, do news interviews. Basically what he's already doing. If he plays his cards right, he'll stand to benefit the most out of all of this.
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I wonder if Ben & Jerry's' will get sued next -
From Wiki -
A Vermonster is a large ice cream sundae made by Ben and Jerry's. It is named after the company headquarters' home state of Vermont. The Vermonster consists of the standard sundae ingredients, but uses them in excessive amounts as it is designed to (excessively) feed four people. It contains the following:[1]
* Twenty scoops of Ben and Jerry's ice cream
* 4 ladles hot fudge
* Whipped cream
* 3 cookies
* A choice of 4 toppings
* According to a Travel Channel show highlighting extreme foods (October, 2009), the Vermonster has 14,000 calories and 500 grams of fat.
The Vermonster is frequently used in fundraising efforts,[2][3] where teams pay to compete against other teams in a race to complete the Vermonster. Even finishing a Vermonster is a feat; the attempt is an event and it often requires more than one person. [4][5]
From Wiki -
A Vermonster is a large ice cream sundae made by Ben and Jerry's. It is named after the company headquarters' home state of Vermont. The Vermonster consists of the standard sundae ingredients, but uses them in excessive amounts as it is designed to (excessively) feed four people. It contains the following:[1]
* Twenty scoops of Ben and Jerry's ice cream
* 4 ladles hot fudge
* Whipped cream
* 3 cookies
* A choice of 4 toppings
* According to a Travel Channel show highlighting extreme foods (October, 2009), the Vermonster has 14,000 calories and 500 grams of fat.
The Vermonster is frequently used in fundraising efforts,[2][3] where teams pay to compete against other teams in a race to complete the Vermonster. Even finishing a Vermonster is a feat; the attempt is an event and it often requires more than one person. [4][5]
since when is the market and law that 'regulates it' a separate issue? limiting 'free-market' to a pinciple of supply-demand without taking regulations into account probably worked in 15th century when there were no lawyers involved.
Wait a minute! Since when did the rich and powerful have an advantage over the not so rich and powerful? When did this new thing happen?
This is not about "Free market". There has never been any system in human history that did not benefit the wealthy more than the non-wealthy.
Implicit in the right to sue for financial redress is the fact that the right will be abused. Should no one have the right to sue?
This is not about "Free market". There has never been any system in human history that did not benefit the wealthy more than the non-wealthy.
Implicit in the right to sue for financial redress is the fact that the right will be abused. Should no one have the right to sue?
Can't. Basically when I worked at the USPTO, the main basis on infringement was based on if one could confuse any relation through naming or design. Meaning, if I opened up a fast food restaurant called McDowells and had a similar logo, could the average person think they were walking into a McDonalds instead. Or could that person think that my McDowells was somehow affiliated with McDonalds. If the answer was yes, then it was an infringement. However, if I opened up a muffler shop called McDonalds, since McDonalds isn’t in the muffler business, then there is no confusion and thus no infringement.
With the beer, one could think that perhaps Monster did come up with an alcoholic beverage called the Vermonster because they are already in the beverage business. Hence the basis of the lawsuit. However, Monster is not in the ice cream business so Ben & Jerry’s can sleep well for now.
i understand the guy's principle in this situation, but i would be very surprised if it only cost him 15k to litigate a suit of this type.
Totally correct. The guys not being sued he got a letter and is using it for publicity. He never mentions I'm in court, he mostly mentions his beer.He is going viral to get some sales. hes smart.
you are both correct- he will probably benefit from the situation. still, can't say that it is 'right'.
He lost his marriage, and damaged his relationships with his family in the process- I don't care how much money he eventually got- he would have been better off to drop it and move on.
You only get one go round at life- why waste it?
His story is featured in the film "Flash of Genius"
BTW- I am boycotting Monster now. Bad enough they are basically marketing concentrated Mountain Dew to a society of fat asses with cardiac risk, but bullying small business is pretty despicable.
And I hope this guy IS getting a viral marketing dollar out of this whole thing. When you haven't got the budget, go guerrilla!
P
I could not derive a point from this that relates to our previous two comments.
are you my brother?:smile:
You taking applications?
Perhaps he needs a 20 something year old son to take over his vast real estate holdings and keep his prancing horse sufficiently used.
Hey, back to da end of da line buddy! I was here first! :biggrin:
you don't see the oxymoron here? whats 'free' about the market if its 'principles' of 'supply-demand' and 'first-to-the-punch' can be simply overwritten by a lawyer hired by indignant corporation that bullies the little guy because they like his idea and didn't think of it first? and whats with all these companies these days trying to trademark every word in our vocabulary.
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