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Old 04-16-2008, 05:15 PM   #1 (permalink)
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Monster Cable Sues Blue Jeans Cables

I know there are other BJC fans here than will appreciate this.

I've had Monster Cable products before, and probably have at least one Monster Toslink cable in service, but I switched to Blue Jeans Cable a couple years ago. All I can say is, BJC is awesome. Absolutely awesome. (Well, the website stinks, but otherwise...)

Monster Cable Sues Blue Jeans Cable
Quote:
Monster Cable has issued a Cease-and-Desist order to Blue Jeans Cable (Tartan Cable) over analogue cable connectors. In particular, the design of the Tartan component, composite, coax digital and stereo audio cables supposedly violates Monster Cable's design patents.
And, the best part... the response from Kurt Denke...
Blue Jeans Cable Strikes Back - Response to Monster Cable

Quote:
Originally Posted by Kurt Denke, President of Blue Jeans Cable
... I should add that, for the purpose of this letter, I am assuming that these patents are valid. This is in no way a concession of the point. In fact, this is a very significant and likely inaccurate assumption, and you should expect the patentability of these designs to be under attack if you commence an action for infringement.
Quote:
Originally Posted by Kurt Denke
I have seen Monster Cable take untenable IP positions in various different scenarios in the past, and am generally familiar with what seems to be Monster Cable's modus operandi in these matters. I therefore think that it is important that, before closing, I make you aware of a few points.

After graduating from the University of Pennsylvania Law School in 1985, I spent nineteen years in litigation practice, with a focus upon federal litigation involving large damages and complex issues. ...
Quote:
Originally Posted by Kurt Denke
... In plaintiffs' practice, likewise, I was always a strong advocate of standing upon principle and taking cases all the way to judgment, even when substantial offers of settlement were on the table. I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not...
Quote:
Originally Posted by Kurt Denke
... Not only am I unintimidated by litigation; I sometimes rather miss it.
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Old 04-16-2008, 05:24 PM   #2 (permalink)
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Just checked AVSForum.com, and Kurt Denke is discussing the situation here:
Monster cable threatens Blue Jeans Cable with legal action... - AVS Forum
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Old 04-16-2008, 05:57 PM   #3 (permalink)
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Strange, their Tartan Cable division looks to use the same OEM design that Monoprice offered just a few months ago...

Tartan: Component Cable
Tartan: Digital Coaxial Cable

Component cable and coaxial cables I bought from Monoprice a few months ago:



What Monoprice offers now: Component and Coaxial

I bet Monster went after Monoprice too.
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Old 04-16-2008, 05:57 PM   #4 (permalink)
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Further, if any of these patents or trademarks has been licensed to any entity, please provide me with copies of the licensing agreements. I assume that Monster Cable International, Ltd., in Bermuda, listed on these patents, is an IP holding company and that Monster Cable's principal US entity pays licensing fees to the Bermuda corporation in order to shift income out of the United States and thereby avoid paying United States federal income tax on those portions of its income; my request for these licensing agreements is specifically intended to include any licensing agreements, including those with closely related or sham entities, within or without the Monster Cable "family," and without regard to whether those licensing agreements are sham transactions for tax shelter purposes only or whether they are bona fide arm's-length transactions.
Hahah! That's awesome.
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Old 04-17-2008, 04:31 AM   #5 (permalink)
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yeah, this was a GREAT story, with the best legalese smackdown I've EVER read.
I enjoyed it when it was posted on Slashdot 2 days ago.
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Old 04-17-2008, 09:13 PM   #6 (permalink)
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My favorite part was the first paragraph.

Quote:
Let me begin by stating, without equivocation, that I have no interest whatsoever in infringing upon any intellectual property belonging to Monster Cable. Indeed, the less my customers think my products resemble Monster's, in form or in function, the better.
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Old 04-18-2008, 03:20 AM   #7 (permalink)
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It looks like when you sent this letter, you were operating on the premise that I am not smart enough to see through your deceptions or sophisticated enough to intelligently evaluate your claims; shame on you
Love it!
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