Thanks so much for your support of Snow Monsters. Thanks also for copying me on the response that Dave Tognotti sent to your email. It never ceases to amaze me how Monster Cable’s attorneys can twist the truth.

I am attaching a copy of the License Agreement that Tognotti emailed me on July 7, 2004. Read it carefully and you will see that Tognotti lies when he makes the statement, “We are not trying to take their trademark, nor are we trying to stop them from using it.”

That’s a pretty amazing statement when Tognotti expected us to sign a License Agreement that states:

1. At its own expense, Licensee [Snow Monsters] shall endeavor to obtain registrations for each of the Licensed Marks. Within sixty (60) days after the issuance of each such registration, Licensee shall assign each such registration to Licensor [Monster Cable] using a form that is mutually satisfactory to Licensor and Licensee.

2. Licensee [Snow Monsters] shall be responsible for recording each such assignment with the United States Patent and Trademark Office, and shall be responsible for paying all fees, costs and expenses associated with recording each such assignment.

3. Upon timely submission to Licensor[Monster Cable] by Licensee [Snow Monsters] of all necessary documentation and fees for maintaining registrations with the Patent and Trademark Office, Licensor shall within sixty (60) days file such submissions with the Patent and Trademark Office.

To add insult to injury, Tognotti has the gall to tell us that SNOW MONSTERS MUST PAY MONSTER CABLE’S COSTS TO STEAL OUR TRADEMARK! Here’s another gem from the License Agreement:

“All additional costs, including attorneys’ fees incurred by Licensor [Monster Cable] shall be reimbursable by Licensee [Snow Monsters] within sixty (60) days of written evidence of expense.”

You can read more in the License Agreement, but it among other things it requires that Snow Monsters:

1. Seek approval for virtually every aspect of our business – marketing, product design, etc. (we can’t put anything out that does “not conform to applicable standards approved by Licensor” [Monster Cable]),

2. Monster Cable can terminate the agreement whenever they want – “Licensor [Monster Cable] may terminate this Agreement by notice given to the other if Licensee does not perform any of its obligations when due.” Of course Monster Cable determines what the obligations are – such as submitting everything to them for approval,

3. Monster Cable would have the right to approve all our sub-contractors, and

4. We must get Monster Cable’s approval to sell our own company! - Licensee may not assign or delegate any right or duty under this Agreement (voluntarily, involuntarily, by operation of law, by transfer of control or otherwise) without the prior written consent of Licensor.”

So how truthful do you think David Tognotti and Monster Cable are?

Thanks, feel free to pass this email along to anyone you like. We’re going to post it and the License Agreement on our website.

Jack

Below is Monster Cable’s canned response to folks writing in protest of Monster Cable’s actions. As Monster Cable’s General Counsel, Dave Tognotti, suggests, call him at Monster Cable (415-840-2000) and discuss the issue with him further. Be sure and have him give a good explanation of how a kids ski and snowboard program like Snow Monsters leverages Monster Cable’s brand identity and goodwill for their own gain.

Dear…

Thank you for your message. Before you rush to judgment you should have all the facts. Please feel free to call me to discuss further at 415-840-2000. I welcome your call.

SnowMonsters has sued Monster Cable in Federal Court, we have not sued them. They are taking an aggressive stance on this, not us. We are NOT trying to take their trademark, nor are we trying to stop them from using it. (this is an absolute lie – look at the license agreement they sent us). What we have done is oppose SnowMonsters' filing of a trademark registration in the US Patent and Trademark office; which is an administrative proceeding, not a lawsuit (An “Administrative Proceeding,” like a suit, is how Monster Cable runs up huge legal expenses for the little guy. Every action they take is designed to lengthen the process and drive up the cost).

We know we don't own the word Monster, nor do we purport to, however, we like any other trademark holder do have the right and need to protect our Monster brand when it is in danger of being diluted, tarnished, or infringed. We don't have a problem with companies that use "monster" in its ordinary dictionary meaning, nor do we have problems with companies that use "monster" as a descriptive term, but we do find issue with those that use "monster" as a brand identifier or trademark. (in other words, Monster Cable believes they have the right to determine how other companies can use the word Monster)

Our trademark protection strategy is reasonable and necessary to protect our brand. We have invested an extraordinary amount of money and effort over the last 26 years to build our brand. It is wrong for companies to leverage our brand identity and goodwill for their own gain. (What kind of narcissism drives Monster Cable to think that any other company wants to leverage off their name? What a joke!)

You may know us as Monster Cable, however we have many business units which sell other products under the Monster brand such as: clothing, furniture, food products, apparel, automotive products, amplifiers, training services, speakers, gaming products, and music, to name a few. Because our product line has grown so broadly we have to protect our trademark in many areas.

Trademarks are important to companies and to consumers. They tell consumers what they are getting is the genuine article made by and backed by the company identified by the trademark. Monster's work to protect its trademark also protects consumers who might think that some of these goods are made by Monster, when they are not of the same quality and standards of Monster goods. (Who elected Monster Cable to decide whether or not the Snow Monsters program is of high enough quality for the consumer? A hundred ski resorts and the U.S. Ski Team don’t seem to have a problem with it.)

I know you are concerned about the trademark related lawsuits we have filed, please know:

We do not file a lawsuit without having a compelling legal and business reason to do so, and in the majority of the cases, only after giving the infringing party ample warning and sufficient opportunity to resolve the matter on reasonable terms. A lawsuit is a last resort option. Blah, blah, blah…

We do not seek to profit off of these lawsuits. In fact, they are very costly. We sue to protect our brand from dilution and infringement, not to make money. Unfortunately, this is a necessary cost doing of business when you have a famous brand, and as long as there are unscrupulous people who want to trade off of someone else's brand. Blah, blah, blah…

Monster is a famous trademark, that has come to stand for our unique products which broadly range from stereo cables (the first MCP product) and interconnects to power products, automotive accessories, clothing, video game products, home theater products including M Design furniture and even Monster mints. Because our product line has grown so broadly we have to protect our trademark in many areas. (They can have Monster Mints, but not Snow Monsters)

We don't target small businesses (give us a break!).We have sued large multinational companies when it was necessary to protect our brand. (OK, you’re evil all the way around).In fact, we are involved in several suits right now with companies that are many times larger than us. We don't focus on the size of a company before suing them. We focus on whether or not their activity is (or has the chance to) harm our company and brand.

We have over 50 "Monster" trademarks registered in the United States Patent and Trademark Office, for many products (not just cable). Many of these "Monster" trademarks are incontestable and have been registered for over 20+ years.(But Snow Monsters isn’t one of them. They just decided to try and steal it from us)

We are still a family company (with our own corporate attorneys and a fleet of Sports Cars), , owned and run by our founder, Noel Lee (who ought to be ashamed of himself). He started our company in his parent's garage 25 years ago. He named the company "Monster" (No – He named it “Monster Cable Products”) and created the Monster brand long before anyone else had the courage or marketing foresight to call a company and its products "Monster." (Wrong again – “Monster” was used before Monster Cable came along)We have been using the Monster brand since 1978, it's an important part of the company's culture and stands for the high quality, innovative products that Monster has offered under the Monster trademark for decades, and is worthy of careful protection. (Protection, yes. Exploitation, no!)

I hope this information helps. We value you as customer (and hope that you won’t find out about messy little details like this).. We feel that our product quality and innovation is second to none, and would like for you to continue to enjoy your music and video in the best way possible.

Thanks,

Dave