Monster Energy Versus Vermonster Spat: The Aftermath

Published on Friday, January 29, 2010, by Roxanne Webber / Edit Post

Beernews.org reports on the results of an interesting food feud from last year, wherein the Hansen Beverage Company, makers of Monster Energy Drink, was contending that the tiny Rock Art Brewery in Vermont should not be able to call one of its beers "Vermonster." Hansen backed off after a massive public outcry, and the two companies reached an agreement (posted as a PDF download on the Rock Art website) which allowed Rock Art to keep using the name Vermonster.

The case may also become the basis for a broader investigation into the question of whether big businesses are abusing their trademark rights to intimidate small businesses:

"[Vermont Senator Patrick Leahy] introduced a bill this week that, among other things, will look into whether large companies are using trademark litigation inappropriately. The Senate unanimously passed the bill on Thursday night and it will now go to the House of Representatives," writes Beernews.org.

In his statement about the bill's provision to investigate abuses, Leahy says:

"I am concerned that large corporations are at times abusing the substantial rights Congress has granted them in their intellectual property to the detriment of small businesses. We saw a high-profile case like this in Vermont last year involving a spurious claim against Rock Art Brewery. When a corporation exaggerates the scope of its rights far beyond a reasonable interpretation in an attempt to bully a small business out of the market, that is wrong."

We can only assume Ben & Jerry's lawyers were in too much of a blissful food coma to consider suing Rock Art, as the ice cream maker also has a Vermonster on its menu, a massive bucket filled with "20 scoops of ice cream, hot fudge, banana, cookies, brownies, and all of your favorite toppings."

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POST A COMMENT |4 Comments

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  • When I hear "Vermonster" I think of an early-90s indie band, but that's just me...

    And, yes, a VT brewery using Kokopelli as a logo seems out of kilter, but apparently the proprietors used to live in Colorado.

  • The B&J scoop shop near where I grew up had the "Vermonster" on their menu, and whole ice hockey teams tried to manhandle it together. There was even a list on the wall that chronicled the groups that successfully made it to the bottom of the giant bowl.

    That was the first thing I thought about when I heard the term "Vermonster". And that was ages ago--Hansen really stepped in it on this...+READ

    The B&J scoop shop near where I grew up had the "Vermonster" on their menu, and whole ice hockey teams tried to manhandle it together. There was even a list on the wall that chronicled the groups that successfully made it to the bottom of the giant bowl.

    That was the first thing I thought about when I heard the term "Vermonster". And that was ages ago--Hansen really stepped in it on this one.

    Perhaps, as a show of solidarity, B&J could sue Hansen to help prove Senator Leahy's point.-COLLAPSE

  • Geez, what has that image to do with Vermont? More Arizona/New Mexico. Maybe the Hopis' attorneys need to sue for copyright infringement on that.

    Just kidding. But Vermonster makes me think of monster vermin, like the 20 foot ants in the old movie "Them".

  • Watch out or Monster Cable will sue all of you for printing the word "monster" too many times.