"It is important that trademarks not be transformed from rights against unfair competition to rights to control language."
- Mark Lemley, Professor of Law, UC Berkeley

Monster Cable Products Inc
vs.
Mike Shkolnik, dba Mad Martian

Case dismissed!
After receiving dozens of emails of support, including copies of emails sent to Monster Cable saying things like "I'll never buy your products again", I received a dismissal email from Robert Payne, the attorney for Monster Cable Products Inc, followed by an apology from Irene Baran, the COO. Thanks to all who informed Monster Cable of their opinion on this matter. They appear to have changed their minds as a result.

Dismissal email from attorney
Apology from Irene Baran
My response to the apology - if you read nothing else, read this.

After receiving my response to the apology, Monster Cable Products agreed to pay attorney fees and expenses. I have indeed received the check! I am thankful that they realized they made a mistake and did the right thing and paid for it.

Dismissal from court
Main points of interest:

Initial letter - first contact
My response to the initial letter
Filing (7 pages)
Web page referred to in filing
Order setting case management conference (4 pages)

Pending Monster Cable cases:

Cases with "Monster Cable Products" as either plaintiff or defendant.

Previous Monster Cable cases:

Monster.com (see small print at bottom of front page)
MonsterBook.com (now owned by Monster Cable)
eMachines.com - eMonster computer (no longer using that name)
MonsterMoney.com (in progress)
Disney - Monsters Inc. (secret settlement?)
   Monster Cable's complaint against Disney
   Disney's response to Monster Cable

Similar cases that were dismissed:

Cream.com
Instead.com
Grow.com
Much.com
Neat.biz
Also.com
PestSupply.com
Cheerleaders.com
WeddingPlanner.com
Fabric.biz
Hawk.biz
Togo.biz
Butler.biz
American.biz
Partnership.biz
Potatoes.biz
Reel.biz
Alpha.biz
Pivotal.biz
Boots.biz
Panda.biz
Constructor.biz
Coast.biz
Tone.biz
Dial.biz
Hello.com
Print.biz
Sprite.nu
Clue.com
Prom.com
Other court documents received:

Exhibit A
Exhibit B
Summons
Proof of Service (2 pages)
Civil cover sheet
Notice of electronic availability (2 pages)
Instructions for completion of ADR forms (3 pages)
Welcome to the Unites States District Court
USDC Fee summary
USDC schedule (2 pages)
Joint case management statement and proposed order (2 pages)
Prohibition of bias (3 pages)
Request for waiver of service (2 pages)
Notice of availability of magistrate judge

Legal documents referenced in filing:

Title 15 Section 1051 - Application for Trademark Registration
Title 15 Section 1125 - Trademark Dilution
Title 28 Section 1331 - Jurisdiction and Venue - Federal Question
Title 28 Section 1332 - Jurisdiction and Venue - Cost
Title 28 Section 1391 - Jurisdiction and Venue - General

The quote from Mark Lemley is from his article titled "The Modern Lanham Act and the Death of Common Sense," published in vol. 108 of the Yale Law Journal in 1999. This web site copyright 2001 Mike Shkolnik.