Monster Cable Ordered to Pay Monster Daddy Attorneys Fees in Meritless Appeal


Techdirt has written extensively about why Monster Cable is considered ”somewhat famous as a trademark bully.” Numerous comments to a TTABlog post reinforce this view.

One of the examples Mike Masnick over at Techdirt has highlighted is a TTAB case we handled for a Monster Cable victim a few years back, reported here, with pleadings here.

This victory led us to helping another brand owner determined to defend itself: Monster Daddy. So, the hits keep coming. Check out the story behind this gem of a trophy and attorneys fee award:

Yep, Monster Cable was ordered to pay Monster Daddy $9,348.10 for attorneys fees resulting from Monster Cable’s breach of a forum selection clause contained in a prior settlement agreement between the parties.

As if that weren’t enough, instead of promptly paying the ordered amount, Monster Cable appealed to the Fourth Circuit Court of Appeals, and lost, so it was ordered to pay to Monster Daddy additional costs and attorneys fees, totaling $42,966.58:

According to the District Court:

“It is obvious that the appeal of the original award in the amount of $9,290.50 in attorney fees had no merit and the Fourth Circuit so held. Because the record in this case is somewhat long and tortured, it is reasonable that counsel for Monster Daddy would be required to spend considerable time defending the appeal. The court has considered the objections raised by Monster Cable as to the amount claimed by Monster Daddy and finds that the objections are without merit.

Therefore, the court awards attorney fees of $41,609.75 and costs of $1,356.83 for a total award of $42,966.58 to be paid to Monster Daddy by Monster Cable.”

So, what do you think, does Monster Cable deserve the trademark bully label? Do you have any Monster Cable experiences to share?

Stay tuned, trial is expected in South Carolina in May 2013 in the case: Monster Daddy, LLC v. Monster Cable Products, Inc., Monster LLC, and West Coast Customs, Inc.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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