MORRISVILLE, Vt. -- The maker of Monster energy drinks has taken aim at a Vermont brewery that sells a beer called The Vermonster, seeking to stop it from selling, advertising and promoting the craft brew because it could confuse consumers, reported the Associated Press. The energy drink-maker, Hansen Beverage Corp., wants Rock Art Brewery to stop using the name "Vermonster" on the barley brew and to compensate it for its attorneys' fees, said the report.
Matt Nadeau, who owns the brewery with his wife, Renee, said he has been told by five trademark attorneys that the law [image-nocss] is probably on his side, but that proving it through lengthy litigation could bankrupt him.
"This is just about principle," said Nadeau, 43. "Corporate America can't be allowed to do this, in this day and age. It's just not right."
The beer is made at Rock Art's small warehouse brewery in Morrisville, which employs seven people, and is sold in 22-oz. brown glass bottles. It hit the market in 2007, and is now sold in Vermont, Massachusetts, Pennsylvania, New Jersey, Connecticut and Arizona.
Based in Corona, Calif., Hansen sold more than $1 billion worth of Monster drinks last year. The products carry a distinctive three-line logo designed to look like a claw mark.
The dispute began last month, when a lawyer for Hansen Beverage sent an e-mail message to Nadeau's attorneys saying the brewer would "undoubtedly create a likelihood of confusion and/or dilute" Hansen's trademark. The Hansen lawyer who wrote the e-mail, Diane M. Reed, declined to comment, said AP.
Nadeau contacted Reed to say the products are in two different marketsbeer and energy drinksand offered to surrender any rights to use the name on an energy drink. According to Nadeau, Reed said that is not Hansen's concern, but that Hansen wants to enter the alcoholic beverage market.
"I said 'Too bad, I'm already here.' I've been here. And I'm already brewing beer," said Nadeau.
Such warning letters are not unusual in trademark disputes. "The way the law is arranged, the holder of a trademark has to be very aggressive in defending it, even when it's overreaching," said Douglas Riley, Nadeau's trademark attorney. "If you miss a legitimate infringement, people will point out in later years that you weren't defending your properties. You can lose it if you don't defend it, so you err on the side of caution. Escalator, aspirin, celluloid were once trademarks and they became common jargon because the owners didn't defend them or find a way to stop people from using those names."
He said that he is in discussions with Hansen Beverage representatives.
Based in Corona, Calif., Hansen Natural markets and distributes Hansen's natural sodas, sparkling beverages, apple juice and juice blends, fruit juice smoothies, multi-vitamin juice drinks in aseptic packaging, iced teas, energy drinks, Junior Juice juices and water beverages, Blue Sky brand beverages, Monster Energy brand energy drinks, Nitrous Monster Energy brand energy drinks, Monster Hitman energy shooters, Java Monster brand noncarbonated coffee energy drinks, X-Presso Monster brand non-carbonated espresso energy drinks, Lost Energy brand energy drinks, Rumba, Samba and Tango brand energy juices and Vidration brand vitamin enhanced waters.
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