Monster Energy Goes After Autobody Shop Because Of It's 'M' Logo And Use Of Green Color
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For regular readers of Techdirt, Monster Energy is one of those companies that need only appear in the headline of a post before the reader knows that said post will be about some ridiculous trademark bullying Monster is doing. The company has a reputation for being about as belligerent on trademark matters as it could possibly be, lobbing lawsuits and trademark oppositions as though the company lawyers had literally nothing else to do with their time. And, while many, many, many of these bullying attempts fail when the merits are considered, the fact is that the bullying still often succeeds in its goal to use the massive Monster Energy coffers to bully victims into either submission or corporate death.The really frustrating part in all of this is how often Monster Energy attempts to trademark bully companies that aren't remotely competing in their market. One recent example of this is Monster going after MPT Autobody in South Carolina. For disclosure, one of the founders of MPT reached out to me personally to inform me of exactly what was going on. Based on our conversation and what I can see in public records, the order of events appears to go something like this: - MPT Autobody submits an application to trademark its name and branding (pictures will be below)
- Monster Energy opposes the application, citing that MPT's branding in part includes a stylized "M" and the color "green" and will therefore confuse the public into thinking it's associated with Monster Energy
- After consulting with a lawyer, MPT Autobody drops the application, intending to simply do business without the trademark
- Despite that, Monster Energy then sends a C&D notice, arguing that the continued use of "M"s and "green" constitutes copyright infringement, along with a demand that MPT pay Monster Energy's attorney's fees
I have embedded the entire C&D notice below so you can go see the details for yourself. That said, let's start with a couple of facts at the top of all of this. Monster Energy does not have the right to block other companies from using the letter "M" in their branding. Monster Energy also does not have the right to block other companies from using the colors green or black in their branding. Monster Energy also generally does not have the right to block other companies from using green or black "M"s in their branding.And, yet, simply because Monster Energy sponsors some auto race activities, its letter claims exactly that and, as a result, it includes in its letter the following pictures as to what will confuse the public.Now, if any of that branding out in the wild brings to mind Monster Energy, you need help. And keep in mind that for all of Monster Energy's reference to its sponsorship of trucks and cars, it is not in the autobody industry. Given that, there is a hell of a high bar to climb to prove that any of this is infringement.All of which may end up being besides the point. MPT is going to have hefty bills on its hands if it wants to fight this out, even as it seems to be trying to play nicely with Monster Energy as much as it can. For instance, the company's site now has a disclaimer on it, noting that they are not affiliated with Monster Energy. The company is also looking into the potential of using a different shade of green on branding, though it's anyone's guess if that would satisfy Monster Energy. The trademark app has been withdrawn.But trademark bullies are never satisfied with that sort of thing. Instead, they want to grind their victims into the ground. Here's hoping that doesn't end up being the case with MPT Autobody.
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posted at: 12:00am on 26-Feb-2021
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The Internet Has Enabled Independent Journalism To Flourish In Russia (For Now, At Least)
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Ben Smith has a fascinating piece in the New York Times about how independent investigative journalism is flourishing in Russia, despite an oppressive (and literally murderous) autocrat in power. There are a bunch of interesting points in the article about the various techniques they use -- some of which raise interesting ethical dilemmas -- but what caught my eye is just how vital it turns out the internet is to these organizations to be able to do what they do. Indeed, Smith points out that this is the flip side to the current moral panic in the US and elsewhere about "alternative media" and social media being the death of journalism:There's a tendency in parts of the American media right now to reflexively decry the rise of alternative voices and open platforms on social media, seeing them solely as vectors for misinformation or tools of Donald J. Trump. Russia is a potent reminder of the other side of that story, the power of these new platforms to challenge one of the world's most corrupt governments....The new Russian investigative media is also resolutely of the internet. And much of it began with Mr. Navalny, a lawyer and blogger who created a style of YouTube investigation that draws more from the lightweight, meme-y formats of that platform than from heavily produced documentaries or newsmagazine investigations. The other interesting tidbit is that these independent investigative reporting outfits are not just figuring out how to break astounding stories, but also how to build up support and a business model -- again, using the internet.Mr. Badanin, who modeled Proekt on the American nonprofit news organization ProPublica, said he had begun to see another sign of intense interest: financial support from his audience. About a third of the budget that supports a staff of 12, he said, now comes from donations averaging $8, mirroring the global trend toward news organizations relying on their readers. In Russia, some of this is still nascent. For instance, a colleague in Russia, Anton Troianovski, tells me that there's a cafe near the Kurskaya Metro station where you can add to your bill a donation to MediaZona, which was founded by two members of the protest group Pussy Riot to hold the Russian justice system to account. But the protests against Mr. Navalny's imprisonment also seem to be driving support for independent media, a phenomenon that The Bell, another of the new independent websites, christened the Navalny Effect. Of course, the article does end on something of a dark note -- with many of the journalists Smith spoke to saying they fully expect a Putin crackdown on their efforts before long. And, of course, that's nothing new in Putin's Russia. But, it's still fascinating, for at least this moment in time, to see these operations springing up, breaking very big stories, and actually being able to thrive thanks to the internet. Perhaps if news organizations elsewhere focused more on building a supportive audience instead of whining to the government about how evil Facebook and Google are, they'd find support as well.
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posted at: 12:00am on 26-Feb-2021
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