Monster Mini Golf has won its battle to continue using the name "monster."
A chain of indoor miniature golf courses has won its battle to continue using the name "monster."
Monster Mini Golf of Rancho Cordova and the company that sells the mini golf franchises were both being sued for trademark infringement by Monster Cable, a Bay Area company that makes electronic components and is notoriously aggressive in protecting the monster name.
In the lawsuit, Monster Cable claimed the indoor golf courses "are likely to cause confusion" with Monster Cable's portfolio of trademarks, which include Monster Park in San Francisco.
Monster Mini Golf co-founder Christina Vitagliano of Providence, Rhode Island said she had been fighting with Monster Cable for three years over the monster name. She said a breakthrough finally came when she was able to speak directly with Monster Cable founder Noel Lee.
The result is that Monster Cable has agreed to drop its suit and will pay all legal fees, which Vitagliano said run into the hundreds of thousands of dollars.
"We are the first people to ever accomplish this with Monster Cable," Vitagliano told News10.
Vitagliano posted a letter from Lee on the Monster Mini Golf Web site explaining his reasoning:
"We have made the decision that public opinion, and that of our valued customers is more important than the letter of the law that requires us to prevent the dilution of our mark or risk losing it," Lee wrote.
It was unclear whether Monster Cable will resolve its legal challenges with other companies using the monster name.
News10 contacted the Sacramento law firm representing Monster Design of Benicia, which had been embroiled in trademark dispute with Monster Cable. Attorney Mark Leonard said he was unaware of the Monster Mini Golf settlement.
"I'm pleased for Monster Mini Golf," Leonard said. "I hope we can reach a similar settlement with Monster Cable." source>>>
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