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October 21, 2009

BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy letter

rock art brewery[Updated at 6:45pm: Vermont Public Radio reporting that "Monster agrees to withdraw C&D letter provided "Vermonster doesn't break into the energy drink market."

"Rock Art president Matt Nadeau cautious about spelling out the agreement before getting instructions from his attorney."

Resolution appears to be the exact same one that Nadeau proposed 3 wks ago before all the #monsterboycott tweets and brand damage. Hansen's contended that they were obligated to issue the C&D letter or else they would lose in similar cases in the future. Does their withdrawal mean that they didn't achieve that goal or did they just have to issue the C&D letter to be ok?]

(Morrisville, VT) – No details yet but, within the last half hour, Rock Art Brewery is taking to its website and the social media airwaves right now with the news:

“VICTORY!!!!
POWER TO THE PEOPLE
POWER BELONGS TO THE PEOPLE
THE VERMONSTER LIVES!
THANK YOU ALL!! STATEMENT SOON”

And to think I was having so much fun reading all the insider gory details at Facebook and had another post forthcoming. It’s been fun from a beer news perspective but I’m glad to know that the ordeal is over for Matt and company (and Hansen, too- their brand took a shellacking over this). Details coming very soon I imagine…developing…

Posted by: beersage @ 5:45 pm
Filed under: Beer law, New England
More on this subject: ,

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30 Responses to “BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy letter”

  1. Lukas Payette Says:

    AWESOME NEWS. Glad that it is finally over and I can do other things than constantly checking the internet. Now I just realized- why the hell am I not drinking some Rock Art yet to celebrate??? Gotta get doing that

  2. Congrats to you, Jeff, and all the supporters. Certainly had a hand in taming the beast.

  3. In regards to this quote: “Hansen’s contended that they were obligated to issue the C&D letter or else they would lose in similar cases in the future. Does their withdrawal mean that they didn’t achieve that goal or did they just have to issue the C&D letter to be ok?”

    From my understanding (not a lawyer, I just read up about this stuff) even with the withdrawal, they (Hansen’s legal counsel) still achieved their goal. The C&D shows they defend their trademarks, and then they follow up on those C&D letters (i.e. the negotiations with Rock Art) showing the C&D is not a “blank threat”. Now negotiating with Rock Art before the C&D probably would have been better for PR, but I am not sure how negotiating first “looks” to a court in trying to defend a trademark. Prior actions for trademark defense are key and the heavier and consistent the prior actions are, legally the better (or at least it seems that way to me). Again, not a legal scholar by any means, and those are just my thoughts.

  4. So the smart thing to do would be to issue the C&D on Friday, negotiate through the weekend, and bow down before the social media riot ensues during the week :)

  5. [...] a little more research should be done. Of course, this isn’t going to be as easy as the Rock Art Brewery vs Monster thing, since you’re probably thinking, or great, these people are against sustainable energy! [...]

  6. [...] Rock Art Brewery defeats a Monster – In October, a web campaign helped Rock Art Brewery defend their Vermonster Ale from Monster energy drinks (a.k.a. Hansen Beverage Company, a.k.a. Anheuser-Busch InBev). The public pressure caused the aggressors to back off. [...]

  7. Former Staffer Says:

    Better then a sexy Cub Scout. Not much better, but better.

    This comment was originally posted on The Sexist

  8. so you’re trying to ruin all sex amanda?

    Not my bag, but plenty of consenting healthy adults have the whole teacher/student; parent/babysitter; infantilism etc. fetishes. Are you saying consenting adults can’t have these fetishes? Or they only can’t have them on halloween? Or they can’t have them if they do it sexily?

    This comment was originally posted on The Sexist

  9. Former Staffer Says:

    Victor, do you just not get anything? All your comments are “you don’t get it”, “Big WTF”, etc.

    Sexualizing children is wrong. Sexualization and role play is ok in a consenting adult relationship, but when done purely for attention (like on Halloween) is a cry for psychological help.

    pretty simple really.

    This comment was originally posted on The Sexist

  10. “Sexualizing children is wrong”
    Last I heard, the woman above is over 18. “sexualizing children” is the act of dressing a child up or putting them in a situation in which their sexuality is the focus.

    The above is an adult sexualizing childhood. How do you know why the consumer is wearing the outfit? Why are you so quick to assume it is for attention only? People use “dress up” situations such as halloween frequently to flirt with sexual fetishes and ideas which they don’t otherwise have the nerve to address. This would make her a consenting adult playing out a fetish she is curious about… and therefore, by your words “ok”

    This comment was originally posted on The Sexist

  11. I suspect Sanders is, at heart, more of an anarchist. I mean…he's from Vermont, right?
    Love the "lay off energy drinks" line!

    This comment was originally posted on Yours for Good Fermentables ™

  12. Amanda, go check out CNBC’s “Top Halloween Costumes 2009.” http://www.cnbc.com/id/33177444/

    While some of the costumes MUST be sexy (like “wench/vixen/tart”), others (”cop,” etc.) do not HAVE to be, heck, they don’t even have to be portrayed by WOMEN, but are portrayed that way in the article anyway! Ludicrous!

    This comment was originally posted on The Sexist

  13. noooooooo!!
    OH MY GOD. why can’t they just stop it already??

    This comment was originally posted on The Sexist

  14. BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy legal action http://bit.ly/cOU0Q

    This comment was originally posted on Twitter

  15. YES! http://bit.ly/WZHHE Go Rock Art! Long live Vermonster!

    This comment was originally posted on Twitter

  16. BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://ff.im/-afes5

    This comment was originally posted on Twitter

  17. Awesome, awesome stuff. RT @allbeernews BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://ff.im/-afes5

    This comment was originally posted on Twitter

  18. Rock Art Brewery wins! Vermont Public Radio is reporting that Hansen has “withdraw C&D letter” Go Social Media http://bit.ly/brewingbeernews

    This comment was originally posted on Twitter

  19. Looks like “Vermonster” wins! RT @allbeernews BREAKING: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://ff.im/-afes5

    This comment was originally posted on Twitter

  20. BREAKING NEWS: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://bit.ly/D4TZ5 Thanks, @beersage (beernews.org).

    This comment was originally posted on Twitter

  21. Rock Art Brewery beats #Monster energy drink. Sucked that my favorite energy drink attempted to be douches http://bit.ly/3HYRUY

    This comment was originally posted on Twitter

  22. BREAKING NEWS: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://bit.ly/D4TZ5 Thanks, @beersage (beernews.org). #awesome

    This comment was originally posted on Twitter

  23. SUCK IT, HANSEN! RT: BeerSommelier BREAKING NEWS: Rock Art Brewery wins, Hansen backs off Monster Energy letter http://bit.ly/D4TZ5

    This comment was originally posted on Twitter

  24. http://bit.ly/u96An

    This comment was originally posted on Twitter

  25. Congrats to @RockArtBrewery & Vermonster for defeating monster energy drink & their terrible business ethics! http://bit.ly/u96An

    This comment was originally posted on Twitter

  26. @RockArtBrewery http://bit.ly/u96An Way to go! Awesome! I gotta see if we get your stuff in FL.

    This comment was originally posted on Twitter

  27. Looks like the good guys won! Nice job @RockArtBrewery! http://bit.ly/4cKnMg

    This comment was originally posted on Twitter

  28. Erik Huntoon Says:

    That is great news. I can now drink my Monster Lo-Carb with a reasonably clean conscience again. :-D

    This comment was originally posted on The Barley Blog

  29. Every once in a while David beats Goliath. Congrats to RockArt Brewery for getting Monster Energy Drinks to back off: http://bit.ly/u96An.

    This comment was originally posted on Twitter

  30. Rock Art Brewery wins its battle against Monster Energy Drinks; Vermonster lives! Wow…power to the people indeed….http://tiny.cc/tCvu4

    This comment was originally posted on Twitter

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