Victory is Declared

I am personally amazed that an agreement between Rock Art Brewery and Hansen Beverage Company has been reached so quickly. It makes one wonder, exactly what mechanism caused Hansen to rescind the Cease and Desist Order. Was it all the letters and phone calls? Was it the bloggers? Or was it the call from the Vermont elected official? Perhaps all were needed. Regardless, I offer my sincere congratulations to a company who deserves it.

Save Vermonster Beer

Rock Art Brewery received a "cease and desist" order from Hansen Beverage Company on
September 14, 2009. Why? Hansen Beverages, maker of the energy drink "Monster," wants to enter the alcoholic beverages category and is attempting to take down the competition before capping its first bottle of beer. At the heart of the matter is Rock Art Brewery's anniversary brew called THE VERMONSTER. Hansen Beverage Company claims that consumers will likely be confused with the two products.

Excuse me, but the word 'monster' has many meanings and has been used in many commercial applications. Did Hansen Beverage Company also have their attorney send 'cease and desist' notices to:

Bobby Pickett and Leonard L. Capizzi for writing "Monster Mash" in 1962 because Hansen Beverage Company might branch out into songwriting and song productions?

Bob George, one of the owners of a motorsport promotion company named Truck-a-rama, who is said to have coined the phrase "monster truck" because Hansen Beverage Company might want to branch out into car crushing demonstrations?

monster.com because Hansen Beverage Company might want to start a job seeker site someday?

Pixar for releasing 'Monsters Inc' because Hansen Beverage Company might want to get into film production someday?

Rock Art Brewery has input from five trademark lawyers in various states saying: no infringement issue. Clearly a "nuisance lawsuit." But they are advising Rock Art Brewery that they will lose because Hansen Beverages has the financial resources that can wear Rock Art Brewery down until this Vermont craft brewery cannot afford to fund the fight. If that proves to be true, then Hansen Beverages will win by default.

Rock Art Brewery has the beer trademark to The Vermonster in the state of Vermont. The owners have offered to meet the energy drink halfway and give up their rights to their Vermont trademarked Vermonster in the energy drinks category.

Rock Art Brewery has given their written reply to Hansen Beverages and many people await the results. In the meantime, some stores have pulled all their Monster energy drinks and all Hansen Beverages as well, despite a loss of income. That is a powerful statement that I hope Hansen Beverages listens to.

We can all do our part to support this small brewery in Vermont stand up to Hansen Beverages. Please visit their website to read more details about their fight: Rock Art Brewery vs Corporate America Also call Hansen Beverages at 1-800-426-7367 and voice your opinion. Encourage them to drop this frivolous lawsuit. Personally boycott all Hansen Beverage Company products. Tell your friends about it. Blog about it. Hansen Beverage Company steals freedom. Don't let them get away with it. Save The Vermonster