<![CDATA[Gizmodo: monster cable]]> http://tags.gizmodo.com/assets/base/img/thumbs140x140/gizmodo.com.png <![CDATA[Gizmodo: monster cable]]> http://gizmodo.com/tag/monstercable http://gizmodo.com/tag/monstercable <![CDATA[Wattgate 381 "Audio Grade" Socket Is For Suckers Only]]> The Wattgate "Audio Grade" wall socket costs a mere $147, but the crisp, unmatchable sounds it will create in your home are positively priceless.

It's all bullshit, of course. Like Monster Cable and that $500 Denon Ethernet cable, there's more snake oil flowing through this "premium" socket than anything else.

And as with that Denon Ethernet cable, the comments from "satisfied users" are what really make this product worth "investigating." Buyer beware. [Parts Express via Boing Boing]

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<![CDATA[Remainders - Things We Didn't Post]]> Microsoft Takes Aim at App Store's Useless Fluff...Monster Cable's Miles Davis Headphones Cost a Month's Rent...Baseless Analyst Speculation Over Google Hardware Makes Me Furious...New Partnership May Mean Cheaper Ebook Readers...


Microsoft's new "Inside the Apps Lab" video takes the App Store to task for its boatloads of useless apps—a valid point, to be sure, but Microsoft might be living in a glass house here. Or a nonexistent house. Sure, there's tons of bullshit in the app store—there was a legal debate over fart apps, for god's sake—and I like some of the ideas Microsoft's putting forth here. That Virtual Sundial is damnably close to believable, for one thing. But the ad is a plug for Windows Marketplace, which admittedly doesn't have the crap, but only because it also, um, barely exists. Sort of funny, but not enough self-awareness, and so it plops into Remainders. [YouTube]


If you're a big Miles Davis fan, and have somehow missed the news that even when Monster Cable products don't outright suck, they're criminally overpriced, have I got a product for you! The Miles Davis Tribute Set includes Monster Cable's gaudy, gold-plated Miles Davis earbuds, a few accessories, and some kind of deluxe version of Kind of Blue (even though Bitches Brew is better YEAH I SAID IT JAZZ NERDS. DEAL.), all for the outrageously high price of $400! Why's it in Remainders? Screw Monster Cable, that's why. [CrunchGear]


The Street "exclusively" reports what seems to be totally unfounded speculation from an industry analyst: Google is coming out with their own Android smartphone hardware. What evidence is there to back up this theory? Well, um, Google wants lots of people to use Android, and, well...this analyst talked to Google's design partners about it! Design partners who remain anonymous and give absolutely no concrete details to back up a "plan" that runs counter to the overall Android concept! Plus there's this awful, wrong-on-several-levels sentence that acts like a beacon transmitting "WARNING. WARNING. ABANDON ALL HOPE YE WHO ENTER THIS STORY" in Morse Code:

By bypassing the carriers, who keep tight controls over the features and applications that are allowed on phones, Google will presumably offer a device that lets users determine the functions.

Oh right, because somehow a Google-made Android phone would...not need a wireless network? And darn those carriers for crippling Android phones—oh wait that hasn't happened, at all.

In the parlance of our times: Sweet exclusive, bro. [The Street]


The two companies who supply the most vital parts of any ebook reader, Freescale (processor) and E Ink (display) have joined forces in a "development deal" that they say will both lower costs of existing readers and give the option for increased capability in the future. That's pretty sweet and all—it could mean ebook readers finally hit their magic price point, whether it's $200 or $100—but without concrete results, we're keeping this little tidbit in Remainders purgatory. Keep us updated, Free-Ink (get it?). [TechFlash]

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<![CDATA[Monster SuperThin HDMI Cables Really Are SuperThin]]> Monster's SuperThin HDMI cables aren't just marketing noise, they're real, and thinner than the anacondas most people have jacked into their TVs. RedMere's tech lets them skimp on heavy-gauge copper, so they're just 3.5mm around.

Being Monsters, you know they're gonna cost a ton. Four feet of "high speed" SuperThin cable has a suggested price of $90, going up to $100 for 8 feet, and $120 for 16 feet. Standard speed cables start at $80 for 1 meter, $90 for 2 meters, $100 for 4 meters and $120 for 5 meters. I'll leave the judgments to you guys in the comments.

Monster Introduces Breakthrough "SuperThin Cable™ for HDMI™"
— Developed in Collaboration with RedMere, New Powered SuperThin Cables for HDMI Are
Ideal for Elegant Flat-Panel TV Installations and Use with Mobile HD Devices —

New York, NY, June 10, 2009 - Monster, the world's leading manufacturer of cables,
AV accessories, and power conditioning products, today announced the introduction of
a new line of "Powered" SuperThin Cables™ for HDMI™ Cables specifically designed
for use with a wide variety of electronics devices, ranging from today's super-slim flat-
panel TVs to digital video cameras, home theater systems, gaming systems or portable
computers. The new Monster SuperThin Cables for HDMI are the first fruits of a
recently announced collaboration with RedMere, a leader in advanced silicon chip
development. Monster Super Thin Cable for HDMI products will be available in 4-, 8-,
and 16-foot versions in the DigitalLife line of products (DL HDMI HSMI-4, DL HDMI
HSMI-8, DL HDMI HSMI-16).Monster's Core line of cables for HDMI will also offer a
SuperThin cable design in 1, 2, 4 and 5 meter lengths.

HD Signals Are Boosted in the Cable Itself
With the introduction of SuperThin Cable for HDMI, Monster is continuing to follow
through on its commitment to provide consumers with a comprehensive range of high-
quality, reliable connectivity solutions for every need and budget. The key innovation
that made the creation of Monster SuperThin Cables for HDMI possible is the
RedMere™ MagnifEye™ Active technology. Requiring no external power supply the
technology enables industry-leading data speeds and ultimate-quality performance by
boosting the HD signals directly in the SuperThin cable itself. This eliminates the need
for heavy-gauge copper, making the cables extremely light, thin and portable.
SuperThin cables measure just 3.5 mm in diameter, approximately 65% thinner than
normal HDMI cables.

Noted Noel Lee, the Head Monster: "Monster built our reputation on thick, heavy
gauge high-quality cables with unequalled performance capabilities. Now, thanks to
our alliance with RedMere and the leading-edge MagnifEye Active technology, we're
able to provide our customers with the same level of Monster quality and reliability in
a brand new type of ‘magically thin' cable. The difference is immediately apparent –
SuperThin cables are much smaller and lighter, matching the sleek appearance of
the consumer electronics products they connect. Whether you want a totally clean-
looking virtually invisible installation option for your HDTV or you just want a much
better and more convenient way to access HD content while on-the-go, there's never
been anything like our new super-thin cables."

Digital Life™ SuperThin High Speed Powered Cable for HDMI (SRP) 4ft. $89.95, 8ft.
$99.95 and 16ft $119.95

Digital Life SuperThin High Speed Powered Cable for camcorder; Mini HDMI to HDMI
8ft (SRP) $99.95

Monster's Core Line of SuperThin Powered Cables for HDMI 1m $79.95, 2m $89.95 4m
$99.95, 5m $119.95.

"Super-Slim TVs Need Monster SuperThin Cables"
Monster's new SuperThin cables for HDMI are poised to usher in a new era of
convenience and elegance in high-performance cable management, both at home and
on-the-go. Featuring a built-in LED indicator that instantly lets users know they are
active, the virtually invisible cables are ideal for use in aesthetically designed home
theater installations utilizing flat-panel TVs. Consumers can literally hide the cables
away in plain sight, as well as fit them into any tight corners for a new level of
installation flexibility. Additionally, the compact and lightweight cables, which include
handy cable ties, are ideal for taking on the road with camcorders or other mobile digital
devices. Their easy portability provides users with a fast and convenient way to connect
camcorders or other digital devices to notebook computers or other display. For total
reliability and performance, the new cables feature corrosion-resistant 24k gold
contacts.

[Monster]

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<![CDATA[Monster Cable Lowering Prices During Recession, Uh...Thanks?]]> Monster Cable, purveyors of grossly overpriced products, feel your pain during these tough financial times. That's why they are reducing their ridiculous prices to slightly less ridiculous prices during the recession.

Now, founder and "Head Monster" Noel Lee is cutting prices on top-of-the-line cables for high-definition TVs, effective in June. An 8-foot HDMI cable that currently sells for $129.95 at Best Buy will be priced at $99.

On Monday, the company also lopped $10 off the price of its most basic—but rarely stocked—HDMI TV cable, to $29 for a 1-meter length. And it introduced two new lower-cost HDMI cables in 2-meter and 4-meter lengths for $39.95 and $59.95. Competitors' cables of similar length can be found online for as low as $5.

This just makes me laugh. As we pointed out in our "Truth About Monster Cable" series, buying high end cable is usually unnecessary. But hey, if people want to waste money on "the best" I can hardly blame Monster for selling it to them. As Noel Lee pointed out to USA Today: "It's ironic, when people buy Monster, they don't expect to pay (a) low price, so our lower-end cables don't sell very well." That's probably true—the people who buy these things might view the price as an exclusive barrier to entry, and therefore part of the allure. It will be interesting to see if this price tactic actually improves sales. [USA Today]

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<![CDATA[Engadget's Monster Cable Endorsement: "Monster Cable Sucks"]]> If you spotted this ad for Monster's Dr. Dre Beats headphones—which strips an out-of-context blurb from a news post—you'd think Engadget gave Monster Cable an awkward-sounding endorsement. But the mutilated sentence was lifted and applied without Engadget's permission.

It's not uncommon for companies to ask about using quotes in ads—seen any Sprint or G1 spots lately?—which is fine. But it's not cool to use them without permission, even if Dr. Dre's Beats are pretty decent cans and yes, there is some difference in audio cables.

Engadget does have an endorsement for Monster now though: "Monster Cable sucks." Way to live up to your rep, Monster, as a pretty douchey company.

Update: Monster Cable has pulled the quote, but are still douches. [Engadget]

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<![CDATA[Monster Cable Sues Monster Transmission, Ensures Spot on DBag Company List of '09]]> Monster Cable, suer of an incredible number of companies that just happen to have the word "Monster" in their names, has turned their attention to Monster Transmission. They make transmissions.

Their recent suit of Monster Mini Golf caused loads of backlash onto the company, making the founder Noel Lee declare that they were going to change the way they do business. And by that, apparently he means NOT change the way they do business, because they're suing a fucking TRANSMISSION COMPANY. [Audioholics via Engadget]

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<![CDATA[Monster Developing Ultra-Thin HDMI Cable]]> Monster Cable has teamed up with silicon chip developer Redmere to develop ultra-thin HDMI cable that deliver a 10.2 GB/s data rate.

The idea is to make it easier to deal with a mass of cables, but we all know that anything from Monster is going to carry a hefty price tag. Details have not been announced, but would thinner cable be worth what will surely be a hefty markup over regular HDMI? [Redmere via Electronic House via CrunchGear]

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<![CDATA[Monster Offers White Version of Beats Headphones, Charges $700 For No Discernable Reason]]> If there's a company out there that engages in price gouging more blatantly than Monster, I've never heard of them. Today's offense: charging $700 for a pair of $350 headphones painted white.

The headphones in question are the Dr. Dre Beats headphones, a nice pair of over-the-ear cans with noise cancellation and a cellphone mic built in.

Now, Monster and some guy names Ron Herman are offering up white versions of the Beats in a limited edition run. The price for the new paintjob is $699. That is the only difference between the two sets of headphones: the color.

Seriously Monster, I know you like money, but good lord, at least try to disguise your unquenchable greed a little bit. [CrunchGear]

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<![CDATA[Monster Knows You Need Five Different Sprays to Clean Your iPhone, Camera, Phone, GPS and Laptop]]> The professional bullshit artists and dumbass fleecers over at Monster have devised another way to remove money from the wallets of the ignorant: cleaning sprays.

They've released five different sprays for five different types of devices: a camera spray, a cell phone spray, an iPhone spray (Buchanan posits that this one is made of pure angel tears), a GPS spray and a laptop spray. Yes, Monster wants you to think that your GPS and your cellphone need separate sprays, lest your phone is destroyed by the magical chemicals that can only clean a surface that displays driving directions. While yes, perhaps laptop screens need a different spray than the glass iPhone, this is a bit beyond overkill.

Each bottle of these precious fluids cost $10, which is a pretty sizable markup seeing that they just took a bunch of Windex, watered it down and put it into tiny bottles with different colored labels on it. [CrunchGear]

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<![CDATA[A Monster List of Things Monster Cable Will Soon Sue]]> Of all the things Monster Cable has sued because their names are too similar, a mini golf company seemed like a line even they wouldn't cross. We were wrong. Looking back at their history, founder Noel Lee & Co. have sued Disney for Monsters, Inc., Bally Gaming for Monster Slots slot machines, the people who make Monster Energy drinks, and the Chicago Bears, because their nickname is "Monsters of the Midway." Why stop here, Monster? We've got a whole list of people and things you should sue because you think your customers are too stupid to know the difference! Among them: Hillary Clinton, a deity, a baseball wall and a cartoon.

The Green Monster, Boston's left field wall at Fenway Park
• The Flying Spaghetti Monster
• Monster Trucks
• A town in the Netherlands
Hillary Clinton
• The Cookie Monster
Giant Monster Movies
• The Monsters of Rock Tour
Monster Sushi, a sushi chain in NY
• The dance The Monster Mash
• Everybody named "Noel Lee"
• Ugly people who look like monsters
• The Loch Ness Monster
• Unreal Tournament for their M-M-M-M-M-Monster kill
• This wikipedia entry for monster
• Charlize Theron for acting in the movie called Monster
• The cartoon show Aaahh!!! Real Monsters
• An arrangement of matter that has maximum disorder
• The Ducati Monster motorcycle
The cataloging app Delicious Library's creator
• Monster Park, the ballpark in SF, even though they're the ones who bought out the name

Monster's Noel Lee responded back in April to then-recent criticism about their perceived litigiousness.

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<![CDATA[Monster Cable Sues Monster Mini Golf For, You Guessed It, Name Confusion]]> If people ever decide to wake up and stop paying the huge markups for Monster Cable for technology that's not even here yet, Monster can go into another business: selling balls. They've sure got an excess, seeing as they're following up a suit against another cable company because the connectors are too similar with a suit against a MINI GOLF COMPANY because their NAMES ARE TOO SIMILAR.

This time it's Monster Mini Golf, an actual mom-and-pop operation that was started four years ago by a woman and her husband. The chain has been successful enough to spread to 22 locations. MSNBC says that the "owner" of Monster Cable, which is Noel Lee (their "Chief Monster") says the public will be confused by the similarity of the names. Last time we checked, the public wasn't quite as confused as the people at Monster Cable who decided to sue. [MSNBC]

Oh look, it's a list of things Monster Cable has yet to sue!

Apparently, Monster Cable's Noel Lee issued a response to some negative publicity they got back in April (around the time Monster issued Blue Jeans Cable with a C&D). Noel says they didn't actually sue ballparks or other random places because their names were too similar, they just file objections to trademarks with the USPTO. Noel blames federal trademark law saying that they're required to "police [their] marks or [they] will lose them," and that they "didn't make these rules." [Audioholics]

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<![CDATA[Blue Jeans Cable Calls BS on Monster Cable Patent Suit, Vows to Fight to Bloody Death]]> Bullshit patent suits are annoying when it's a do-nothing patent holder trying to extract cash from fat corporate wallets, but even more so when it's a bigger company trying to muscle over little ones. Like Monster Cable suing Blue Jeans Cable for having connectors that looked like theirs. Blue Jeans' CEO, a former evil lawyer, has issued a ripping rebuttal, pointing out that "the gross morphology of the RCA plug is pretty well dictated by function" before throwing down, "I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds." Here's the whole ballsy letter:

RE: Your letter, received April Fools' Day Dear Monster Lawyers, 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.

I am evaluating your claim that the connectors on certain Tartan brand products infringe Monster's design patents and trademarks. However, the information supplied with your letter is plainly inadequate to support a claim of infringement and so I am writing to you to ask for further information and clarification regarding your claims.

I will begin by addressing your trademark/trade dress claim. You have referred to two trademark registrations, and have attached some printouts from the USPTO system but the depiction of the marks on the drawings provided is small and indistinct, making it difficult to determine exactly what the alleged resemblance is, and I need further information from you.

First, I need legible, scale drawings of the marks, preferably with dimensions shown on the drawing. To the extent that drawings are inadequate to show the nature of materials, finishes, print legends, colors and the like, I will also need examples of each of Monster Cable's actual uses of these marks in commerce; actual physical examples would be best, but photographic reproductions might do. As you will understand, these considerations are essential to any claim arising out of trade dress, as you are alleging in essence that there is a resemblance sufficient to cause confusion over the identity or origin of the goods, and no mere line-drawing can suffice.

Second, I will need copies of the trademark applications and any correspondence between the applicant and the USPTO in support of the applications.

Third, you have not identified the Monster Cable products in question, in actual use and distribution in commerce, whose trade dress you allege has been appropriated. I have reviewed Monster Cable's online materials and have examined connectors on various Monster Cable assemblies in local retail outlets and am unable to determine which, if any, of these are thought by Monster to represent use of these particular marks. I am also unable to determine from this review whether Monster Cable actually offers any product for sale to which the Tartan connectors are alleged to be particularly similar. My own sense of it, in looking at the connectors, has been that there is no similarity between the Tartan connectors and any of the many Monster Cable connectors beyond the general functional and conventional characteristics which all or nearly all solder-cup, mechanical-assembly, barrel-style RCA-type connectors share. It may be that there is some line of products to which you have intended to refer but which I have not found in Monster Cable's marketing materials or displays; but if so, you will need to show me specifically what product it is, and you will need to call to my attention the specific aspects of the connector design which you contend constitute unique Monster Cable trade dress, what the associated secondary meaning of those aspects of the trade dress is, and in what manner and by what characteristics you allege that this trade dress has been appropriated.

Fourth, if the dimensional characteristics of the connector as used in commerce vary from the dimensions of the scale drawing of your mark, I will need a proper scale drawing, with dimensions, of each version of the actual connector as used in commerce, as well as photographs of the connectors showing actual in-use finishes. If there is more than one such connector design in actual use by Monster Cable as to which appropriation of trade dress is alleged, of course, I will require this information for each and every such design.

On the basis of what I have seen, both in the USPTO documents you have sent and the actual appearance
of Monster Cable connectors which I have observed in use in commerce, it does not appear to me that Monster Cable is in a position to advance a nonfrivolous claim for infringement of these marks. There simply is not sufficient resemblance between the Tartan connectors and any mark or any example of the marks' actual use that I can find to support such a claim. But if you have further information for me on that point, you are welcome to submit it.

You have also supplied me with partial documentation on five design patents which you claim these connectors infringe. I will begin by observing, first, that the five design patents are so very much unlike one another that it is very hard to imagine that any product could actually infringe more than one of them at a time; anything close enough to one of them to be deemed an infringement would, by that fact alone, be too dissimilar from the other four. The dissimilarity of the Tartan connector from each of them is readily evident.

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.

The fact that you have presented me with five completely distinct design patents, I have to say, gives me pause. I would go over them and detail the differences between the Tartan connectors and those shown in the patents, but if you are taking the position that it appears you are taking, there might be very little point in discussing it with you. Take, for example, the patent you mark as Exhibit B. The connector shown there is substantially different from the Tartan connectors in every respect, unless one ignores design specifics and focuses on the core attributes of the connector which are dictated by function. If your view of Exhibit B is that it is to be construed broadly enough as to encompass the Tartan connector, it is very hard to imagine that there is such a thing as a solder-assembly style RCA plug which is not similarly, in your view, encompassed by this patent. And, needless to say, it is very hard to imagine that any court would ever adopt such a view of the patent's scope; if you file on this sort of basis, you are in Rule 11 frivolous-claim territory.

I will point out, though you are no doubt already well aware, that the gross morphology of the RCA plug is pretty well dictated by function. RCA plugs intended for soldering and assembly have certain attributes in common; their diameter is constrained by the need for the shell to fit over an internal set of solder points and cable clamp, and their length by the need to provide some room for cable end prep and attachment; they are generally radially symmetrical along the anterior/posterior axis owing to the need to accommodate both a round-profile cable and the round-profile RCA socket; the connector end is constrained by the standard dimensions of the RCA socket, and by the need, as the socket provides for no bayonet or screw attachment, to provide sufficient tension on insertion to maintain good mechanical and electrical contact; the barrel, grasped by the user for the purpose of insertion and removal, requires traction which is typically provided by raised or recessed rings, plastic inserts, knurling, or the like; and transition between the connector and the cable to which it is attached requires, in one form or another, a reduction in barrel size at the connector rear. It is my assumption, since you cite design patents only and no utility patents, that Monster Cable makes no claim here for any functional aspect of any of these designs; if I am wrong, please let me know what utility patents Monster Cable does hold, and what claims, if any, Monster asserts on the basis of those utility patents.

Further, on that point: one of the design patents you attached is closely related to a utility patent applicable to the same design, and you failed to point that fact out. I need to be able to rely upon the completeness and accuracy of the information you send to me and I find this sort of omission deeply disturbing because it is clear that the effect of this nondisclosure is to obscure the real significance of the patent features. Similarly, as I note further below, you omit reference to another patent Monster has held which appears, frankly, to be fatal to your position. If you expect to persuade me, you had better start making full, open and honest disclosures; I will find out the facts sooner or later in any event, but the impact upon your credibility will not be repaired. 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. You are required, as a matter of legal ethics, to display good faith and professional candor in your dealings with adverse parties, and you have fallen miserably short of your ethical responsibilities.

My sense, in looking at these five patents, is that either you are attempting to present some argument that I simply do not understand or you are arguing for untenably broad coverage of these patents which would sweep every functional aspect of the typical solder-assembly RCA connector within the scope of a handful of mere design patents. You need to clarify this, and frankly, I think you need to indicate to me which, if any, of these patents you actually contend are relevant to the present discussion. It cannot possibly be that you believe that more than one of these patents is pertinent, and if you insist that they are, we cannot have an intelligent dialogue on this subject. Once you have identified the patent which you contend is relevant, I need to see the file history and the references to prior art; I need copies of the applicant's correspondence with the USPTO; and I need a clear and cogent explanation from you as to exactly what aspects of the Tartan connector design are alleged to constitute the infringement, and how.

Additionally, if you are able to identify any of these patents as applicable, please let me know whether Monster Cable presently sells, or has at any time sold, any products bearing connectors which are in conformity with the patent drawings or which are otherwise contended to be within the coverage of the patents, and identify those products for me. Please also provide photographs and/or physical examples of these connectors as manufactured and sold.

Also, please provide me all of the information referenced above as it relates to your expired patent D323643, a copy of which I am attaching. I will need to know what products Monster now offers or at any time has offered for sale which were believed to fall within the scope of D323643, and what claims, if any, of infringement of D323643 were made against others by Monster, whether those claims of infringement took the form of correspondence only, litigation, or otherwise. Please let me know which, if any, products Monster has ever sold or offered for sale which were marked with the patent number, or other reference, to D323643. Please also advise me whether, in your view, the Tartan connector does or does not fall within the scope of D323643, and if it is your view that it does not, please identify each and every difference between the Tartan connector and the connector represented by D323643 upon which your view is based. (On that note, let me point out to you that the "turbine cut" feature is irrelevant here as your client makes only functional, not design, claims for that feature in its marketing materials for the product.) I would assume that you would agree with me that if the Tartan connector is less dissimilar from the D323643 patent than from any of the five patents you cite in your letter, then the Tartan connector is within the coverage of the prior art and cannot, as a matter of law, infringe any of your client's current patents.

I must also point out that unless there is a good deal of background information you have not provided me which makes the case otherwise, Monster Cable cannot possibly square its patent infringement claim(s) with its own patent history. Two views of the matter might be taken; the first, which is my view, is that none of the design patents, including D323643, encompass the Tartan connector. If that is so, of course, the claim for infringement fails. But if one grants the sort of breadth to these patents that you appear to wish to do, a problem arises for Monster. D323643 is the least dissimilar to the Tartan connector of any of the patents, and stands as an obstacle to any claim of infringement of the others because it establishes prior art; if its scope, like the others, is granted the breadth you argue for, then the Tartan connector falls plainly under the prior art and cannot constitute an infringement of the later, and more dissimilar, patents. Read the patents narrowly, and Monster loses; read them broadly, and Monster loses. You are welcome to point out any error in my reasoning; but I have to say that I will be unreservedly surprised if you are successful in doing so.

Please also let me know whether Monster Cable or any related entity has brought actions to enforce any of the patents and trademarks referenced in your letter or above, and provide me with the jurisdiction, court and docket information pertaining thereto, along with copies of any decisions or judgments resulting therefrom. If any such litigation proceeded through discovery, I will need all discovery responses, including document production, issued by Monster, as well as copies of any and all depositions taken and the exhibits thereto.

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.

Once I have received the above materials and explanations from you, I will undertake to analyze this information and let you know whether we are willing to accede to any of the demands made in your letter. If my analysis shows that there is any reasonable likelihood that we have infringed in any way any of Monster Cable's intellectual property rights, we will of course take any and all action necessary to resolve the situation. If I do not hear from you within the next fourteen days, or if I do hear from you but do not receive all of the information requested above, I will assume that you have abandoned these claims and closed your file.

As for your requests for information, or for action, directed to me: I would remind you that it is you, not I, who are making claims; and it is you, not I, who must substantiate those claims. You have not done so.
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. My first seven years were spent primarily on the defense side, where I developed an intense frustration with insurance carriers who would settle meritless claims for nuisance value when the better long-term view would have been to fight against vexatious litigation as a matter of principle. 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.

I say this because my observation has been that Monster Cable typically operates in a hit-and-run fashion. Your client threatens litigation, expecting the victim to panic and plead for mercy; and what follows is a quickie negotiation session that ends with payment and a licensing agreement. Your client then uses this collection of licensing agreements to convince others under similar threat to accede to its demands. Let me be clear about this: there are only two ways for you to get anything out of me. You will either need to (1) convince me that I have infringed, or (2) obtain a final judgment to that effect from a court of competent jurisdiction. It may be that my inability to see the pragmatic value of settling frivolous claims is a deep character flaw, and I am sure a few of the insurance carriers for whom I have done work have seen it that way; but it is how I have done business for the last quarter-century and you are not going to change my mind. If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims—or, to speak more precisely, the absence of merit from your claims—from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it.

I will also point out to you that if you do choose to undertake litigation, your "upside" is tremendously limited. If you somehow managed, despite the formidable obstacles in your way, to obtain a finding of infringement, and if you were successful at recovering a large licensing fee—say, ten cents per connector—as the measure of damages, your recovery to date would not reach four figures. On the downside, I will advance defenses which, if successful, will substantially undermine your future efforts to use these patents and marks to threaten others with these types of actions; as you are of course aware, it is easier today for your competitors to use collateral estoppel offensively than it ever has been before. Also, there is little doubt that making baseless claims of trade dress infringement and design patent infringement is an improper business tactic, which can give rise to unfair competition claims, and for a company of Monster's size, potential antitrust violations with treble damages and attorneys' fees.

I look forward to receiving the information requested and will review it promptly as soon as it is received.

Sincerely,
Kurt Denke

[Audioholics, Thanks Ram]]]>
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<![CDATA[Monster Cable Has Cojones of Steel, C&Ds Blue Jeans Cable Because Their Connectors Are Too Similar]]> It's really, really tough to like Monster Cable as a company. Everyone knows how they mark up their prices and how a coat hanger may even be as good as their cables under short distances, but their business practices aren't much better either. They're following up up their last legal maneuver against a clothing company with the unfortunate name of Monster Vintage by serving Blue Jeans Cable and Tartan Cable with a cease and desist because their cable connectors are too similar. Just look at the comparison above. Do they look too similar. Would you be confused if you saw the two? Which one of them has the "Monster" logo on it again? I can't tell. [Audio Junkies]

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<![CDATA[Question of the Day: Do You Use Expensive Cable or Generic Cable?]]> The debate between expensive cable and generic cable has raged on for ages now, with the manufacturers of high-end products receiving quite a bashing for their high prices. So, even with all of the negative press about expensive cable being a waste of money, we have to ask: Do you use expensive cable or generic cable?

Gawker Media polls require Javascript; if you're viewing this in an RSS reader, click through to view in your Javascript-enabled web browser.

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<![CDATA[The Real Reasons Monster Cables Cost So Much]]> We've really dug into whether Monster Cables (or other "premium" brands) are worth the extra cash you've gotta fork over, asking things lke, "Does it really make your audio/video more pristine?" or "Are they better than coat hangers?" And that's the wrong approach. What about the love, sweat and tears that go into making each and every cable? This comic from Joy of Tech rights our wrongs. [Joy of Tech via Digital Home Thoughts]

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<![CDATA[Monster Cable iCableLink Adapts Proper Earphones with iPhone]]> Monster Cable, the cablemonger that never saw an $80 cable worth $7 it didn't like, reaches deep downmarket with iCableLink, letting you use a proper set of earphones with your iPhone instead of the included stock iPod buds. Uncharacteristically, it's reasonably priced.

The thing is rather stiff but still flexible, has good build quality, and gets the job done except for the loss of the ability to pause music and answer calls while listening, as you can do with the stock iPhone buds. The most remarkable aspect? Monster Cable only mildly rips you off with this one, charging just $9.95 for this headphone adapter (almost exactly price-matching a similar one from Belkin) that shouldn't even be necessary. [Monster Cable]

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<![CDATA[Dr. Dre Creates Beats By Dr. Dre Headphones with Monster Cable]]> Dr. Dre, the Chronic King, is making his first foray into consumer electronics, releasing a pair of headphones with none other than Monster. The $400 headphones will indeed feature "rich deep bass—a Dr. Dre trademark." Here's what the Doctor himself has to say:

"When I'm making a track I'm trying to capture the sound that makes me go 'now THAT's the shit! And I want that reaction from everybody who hears it. I spend a lot of time in the studio listening to my music through headphones...with Beats, people are finally going to hear it the way they should: the way I do."

Monster Teams Up with Dr. Dre and Interscope Chairman Jimmy Iovine to Design State-of-the-Art "Beats" Headphones Engineered to Accurately Reproduce the Best of Today's Pop Music

Legendary Music Producer/Artist Dr. Dre's First-Ever Foray Into Consumer Products

Las Vegas, NV, January 6, 2008 - Monster, well known for working with legendary musicians on countless productions recorded with Monster Cable and Monster Power products, is proud to announce the introduction of the first-ever product to be endorsed by legendary music producer and artist Dr. Dre. The new "Beats by Dr. Dre" high-performance headphones were conceived by Dr. Dre and mutually designed, with groundbreaking and inventive engineering by Monster. The headphones feature both a unique and futuristic style as well as newly developed sonic technologies for unprecedented state-of-the-art performance.

When world-class producers like Dr. Dre record their music, they utilize large high-performance studio loudspeakers and high-powered amplifiers to craft richly detailed musical soundscapes. Until now, however, consumers listening back to the music using conventional headphones have never had the opportunity to experience the full sonic palette of these recordings, with the full dynamic range, low bass, punch and clarity intended by the producers. To provide consumers with a brand new level of headphone audio performance, Dr. Dre, Jimmy Iovine, Chairman of Interscope Geffen A&M Records, and Monster, three of the most powerful forces in music and technology, teamed up to create "Beats by Dr. Dre." Monster's innovative sound and design engineers implemented the team's vision.

Engineered to Meet the Demanding Sonic Requirements of Today's Music

In order to re-create the rich, full sonic experience of today's best recordings, "Beats" powered isolation headphones utilize technologies never before used in headphones, including a newly developed driver technology. The result is unequalled performance, with remarkably natural sound, incredible transient response and rich, deep bass - a Dr. Dre trademark. In development for two years, "Beats by Dr. Dre" are tuned personally by Dr. Dre and The Head Monster himself.

"When I'm making a track I'm trying to capture the sound that makes me go 'now THAT's the shit! And I want that reaction from everybody who hears it," said Dr. Dre. "I spend a lot of time in the studio listening to my music through headphones...with Beats, people are finally going to hear it the way they should: the way I do."

"Dre and I have been developing these headphones for a while and in Monster we found a partner that could work with us to crystallize his vision and develop them to the quality level he expects," said Jimmy Iovine, Chairman of Interscope Geffen A&M Records. "'Beats by Dr. Dre' is yet another example of Interscope's commitment to working together with its artists in developing new avenues to experience music."

Noel Lee, Head Monster, noted: "Dr. Dre is widely-known as the most critical ear in music today. This rare partnership with such an iconic artist is a testament to the both the need for high-performance headphones and the singular quality of 'Beats.' Listening to music with Beats headphones is a true 'ear opening' experience; users will enjoy not only their comfort and style, but their sonic performance that is unequalled in any other headphone."

Unique Design

"Beats by Dr. Dre" have a unique and avant-garde new look and that will revolutionize the headphone world. Everything about the sleek Beats headphones, from their glossy extra-wide headband and hip carrying case to the high-impact attention-getting packaging reflects impeccable style. The wide adjustable headband, hinged ear cups and high-quality Monster cable makes the Beats listening experience unmatched for comfort and function. A push-to-listen Mute button adds to the flexibility and convenience.

"Beats by Dr. Dre" headphones will come in a beautifully designed carrying case with anti-microbial cleaning cloths, a special Monster headphone cable, a mini-stereo to ¼-inch stereo cable adapter, as well as Monster's iSonitalk, a microphone/headphone adapter for iPhones. Beats will be available in spring 2008 for a suggested retail price of $399.95.

[Monster and Beats by Dre]

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<![CDATA[Monster Cable Founder Noel Lee Explains How He Got Started]]>
In this exclusive GizVid, take a look at Monster Cable founder Noel Lee as he tells us the story of his beginnings. He studied finance and engineering, learned how electricity flows through wires, and then founded Monster, his company that sells expensive cables to unsuspecting consumers. He must have taken quite a few classes in salesmanship and litigation, too. He doth protest too much, methinks. Now you tell us what youthinks. [Video by Nick McGlynn]

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<![CDATA[Monster's New Cables Finally Priced and Mystery "Box" Category Revealed]]> I was wrong. Monster's new low low pricing isn't in the $30 range, like I said earlier. The 500 series I mentioned actually starts at $50 for a 1-meter cable. But it seems Monster left its lowest price level of cable out of the midnight announcement: Simply labeled the "box" level, it starts at $40, the cheapest price you will find for Monster.

Although the information I just received shows all pricing for all of the different categories of Monster cable—a tangled web including core, THX and M-Series—I didn't want to bore you with the whole data dump. What I can tell you is that while there are 14 different grades of cable in all, they range from $40 per meter to $200 per meter.

You read what I said before, that I am certain the lowest priced Monster cable would be fine for any applications I could currently dream up. But I am a little shocked that Monster thinks $40 is the lowest price it can hit, when there's strong competition in the $5-per-meter range. [Monster Price Cut]

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<![CDATA[Monster Announces Cheaper "Speed-Rated" HDMI Cables]]> Monster Cable's Noel Lee is about to play his next card: His move is to stratify his assorted cable offerings into five distinct categories, starting in the $30 range. Each category will be designated by a "speed rating," and will deliver "demonstrable difference in high-def image quality." But as many of you know, Gizmodo research has found that many cables determined too poor to carry 1080p signal in tests nevertheless do fine in real-world scenarios.

The five categories are bewilderingly named as follows:
Standard Speed - MC 500HD and U3 V500 HD
High Speed - MC 700HD and U3 V600 HD
Advanced High Speed - M650 HD, MC 800HD and U3 V850 HD
Ultra High Speed - M850 HD, MC 1000HD and U3 V1000 HD
Ultimate High Speed - M1000 HD

My guess is that these cables will all be of decent to high quality across the board, and more importantly, I will bet that even the "Standard Speed" cables will deliver 1080p video over short distances (3 to 6 feet) and perhaps over longer ones (35 to 50 feet) without trouble. Why? Because Gizmodo has already discovered cheap cables that can do this with no problem, so Monster's would have to be worse than the generics in order to prove the value of the high-end ones. This is my guess, let's call it my "educated guess," and I will be happy to test the theory out when Monster feels like sending over some test samples.

In the meantime, feel free to peruse the press release:

MONSTER INTRODUCES THE WORLD'S ONLY SPEED-RATED HDMI™ CABLES

— Monster® "Advanced HDMI" Cables Allow Consumers to Experience the Ultimate Quality and Performance of Their High-Definition Home Entertainment Components —

— New Speed-Rated Cables Verified by Simplay Labs Offer Demonstrable Difference in High-Def Image Quality

Brisbane, CA, August 28, 2007 — Monster, the world's leading manufacturer of high-end cables, accessories and power conditioning products, is proud to announce the introduction of the world's first and only speed-rated HDMI™ cables. The introduction of the new Monster® Speed Rated HDMI Cables is being accompanied by a consumer "Need for Speed" education campaign the company is launching in order to help clear up consumer confusion about the quality differences and benefits of speed-rated HDMI cables.

According to Noel Lee, Head Monster, much of the consumer confusion about HDMI cables stems from the advent of HDMI 1.3 Category 2 standards with even higher speed capabilities than conventional HDMI. Most important to understand, he notes, is that speed is dramatically affected by cable length. He says: "Consumers and installers alike have many questions about HDMI cables such as 'What speed of cable is necessary for the best of today's video displays and sources?,' 'Should I buy the cheapest cables or the highest performance cables?' 'What is the performance of long-length HDMI cables?' People also wonder whether their HDMI cable will have adequate bandwidth for their application, as well as what will be the requirements for higher bandwidth intensive components in the future."

Great Performance Even With Long-Length Cables
Lee notes that as HDTV displays get larger, people are positioning their flat-screens further and further away from source devices, and screen resolution and color depth can be degraded by using long lengths of low-quality HDMI cables. Monster is committed to staying at the leading edge of technology advances in cables and to creating products that exceed current specifications, providing great performance even at long lengths. This commitment reflects the company's 28-year history of building quality cables and its portfolio of over 100 cable and connector patents. Additionally, Monster's new speed rating and performance system makes it easy for consumers to know their cable will deliver the very best performance when used with today's most advanced home entertainment components as well as those of tomorrow.


Five Different Levels of HDMI Performance
To help answer these questions and bring a new level of quality to HDMI viewing, Monster is launching its new line of Speed Rated HDMI cables with five different levels of HDMI performance, including Standard Speed, High Speed, Advanced High Speed, Ultra High Speed, and Ultimate High Speed

As additions to the M Series® line, Monster's highest performance cable will be designated Ultimate High Speed and will feature advanced new technologies that maintain its incredible performance, even over long lengths. If you want to future-proof your system, there is nothing faster or better available. Model name for these Ultimate High Speed cable is: Monster's M1000 HD

The Ultra High Speed cable is ready to deliver not just everything available today but all the amazing technologies that are right around the corner. Model names for these Ultra High Speed cables are: Monster's M850 HD, MC 1000HD and U3 V1000 HD

Advanced High Speed cables are for those who want better performance from today's technologies, such as advanced color and lossless audio. Model names for these Advanced High Speed cables are: Monster's M650 HD, MC 800HD and U3 V850 HD

High Speed cables deliver today's high definition picture and sound at a price everyone can afford. Model names for the High Speed cables are: MC 700HD and U3 V600 HD

Standard Speed cables offer entry level high definition connection for HDTV buyers on a budget. Model names for the High Speed cables are MC 500HD and U3 V500 HD

All of the cables in the Core, Monster Ultra Home Theater and M Series line will be clearly identified with the Monster Speed Medallion System and Performance Bars on the package. The performance bars will identify cables as to their capability with higher refresh rates, advanced color, and other HDMI features, prominently on the packaging.

The new Monster cables offer a price reduction on the acclaimed performance of the company's HDMI 400 cables, which are being renamed HDMI 700. The price is being reduced from $100 to $80 for the HDMI 700 in 2 meter lengths.

At Retail: Need for Speed Education Campaign
In addition, Monster will be launching an educational Need for Speed campaign to educate retail salespeople and consumers. This program will be offered to every Monster HDMI retailer as part of Monster's M5 attachment selling program.

Speed-Rating Guarantees Optimum Audio and Video Performance
Monster HDMI speed ratings provide consumers the confidence that their HDMI cables will deliver a guaranteed level of bandwidth and high definition performance, verified and certified by the world's leading HDMI testing program, Simplay HD. In fact, Monster Advanced HDMI cables regularly and uniformly exceed the performance parameters established by Simplay HD tests.

Monster's Cable for Life Replacement Offer
Monster's advanced speed-rated HDMI cables are designed to bring out the best of today's high-definition home entertainment devices, as well as those of tomorrow. To back up this promise, Monster's 1000 level cable in all lines will carry Monster's Cable for Life replacement offer, so if the cable is ever outstripped by the technologies of the displays or sources, Monster will replace the cable at no charge.

ABOUT SIMPLAY LABS
Simplay Labs, LLC, based in Sunnyvale, Calif., is the leading provider of testing technologies, programs and interoperability design standards for the high-definition consumer electronics industry. The Simplay HD Testing Program is comprised of leading consumer electronics manufacturers and technology providers focused on delivering fully compatible products for consumers. As a result, consumers making home theater component purchases can be confident that Simplay HD verified systems are compatible and ready to receive and play premium digital content, regardless of manufacturer. Simplay Labs is a wholly-owned subsidiary of Silicon Image, Inc.

ABOUT MONSTER
Monster, under its Monster Cable® brand, is the world's leading manufacturer of connectivity solutions for high performance audio, video, car audio, computer, console and computer gaming, professional audio and sound reinforcement. Monster, under its Monster Power® brand, is also the leading manufacturer of high performance AC power line conditioning and protection products for audio/video systems.

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