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Monster Energy Drink Company sues small Vermont brewery


 Hansen's is worried this label will be confused with an energy drink

 

Everyone in the American brewing community has been buzzing about this story all week, but for those of you that have not heard, the makers of Monster energy drink, Hansen's Beverage Comapany, are suing Rock Art Brewery for copyright infringement for their beer "The Vermonster". Hansen's Beverage Co., who built their reputation on 'natural' sodas and juices is claiming that consumers will be unable to differentiate between an energy drink and an American Style barley wine. Hansen's sodas have been marketed as a more 'natural' alternative to the giant cola companies and can be found in health food stores nationwide. Their foray into the energy drink arena is fairly recent, and reports indicate they are about to start making alcoholic beverages in the near future. In other words a company that outwardly prides themselves on making all natural juices for  children is also going to market an alcoholic beverage/energy drink for those same children once they reach high school.
Rock Art Brewery on the other hand, was founded by Renee and Matt Nadeau in Morrisville, Vermont. For the first four years their operation was little more than one man brewing quality beer in his basement. Eventually Rock Art grew into an actual brew house and to celebrate ten years of successful brewing they produced a big 10% ABV Barley Wine called The Vermonster. The Nadeau family now has seven employees, and brews a wide variety of creative beer styles ranging from a Belgian Triple with ginger, a double smoked porter, to the classic American IPA. The Nadeau's could easily make this whole thing go away (although Hansen's still wants their initial court costs repaid) by changing the name of the Vermonster, but Nadeau says, "I have to stand up for this."
Clearly the word Monster cannot be trademarked, but fighting the case would bankrupt the brewery. "If I win the first round they can appeal. If I win the second round than they can appeal," Nadeau says. Each round of litigation costs at least 65,000 dollars and eventually Rock Art Brewing will run out of money and "lose by default". If this suit had any merit, Pixar, Jim Henson, and Bobby 'Boris' Pickett could sue Hansen's over consumer confusion for Monster's Inc., The Cookie Monster, and the "Monster Mash". Matt Nadeau summed up his plight best, "It's liberty at stake. It's justice at stake, and I'm being told it's for sale...I don't buy it."
Clearly this article has nothing to do with food, and little to do with beer, but countrywide support for the Nadeau family is what makes the brewing community so special. Brewers all over the country, from the arch conservative to the radical liberal-and everything in between-all agree: Every brewery has the right to make great beer their own way free from corporate meddling. There are numerous mega corporations trying to cash in on an 'all natural' appearance while seeking to crush small local businesses. These days all it takes is a few clicks on Google to find out where your food and beer come from. It is breweries like Rock Art which spend the extra time and money to make a 100 IBU (International Bitterness Units) behemoth like the Vermonster-and focus on their local community-that make this the most exciting time in human history to drink great beer. If you would like to voice your support to Rock Art Brewing click here. If you would like to tell Hansen's how you feel click here. This could very easily happen to any brewery in Washington.

 

 

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By

Seattle Beer Pairing Examiner

Tim Nichols has worked in the Seattle beer scene for the last 12 years. He has worked for a major local brewery, as well as some local Alehouses. ...

Comments

  • Helen 2 years ago
    Report Abuse

    It's frightening that this kind of BS can happen to unsuspecting independent businesses; as you mention, "Monster" is hardly a unique name, and it's dubious that Hansen's will win in court, but a small company like Rock Art shouldn't have to go bankrupt in the process of defending their rights. This sort of corporate bullying sickens me as much as Monster energy drinks. Thanks for including the links: I gave Hansen's a piece of my mind!

  • WordVixen 2 years ago
    Report Abuse

    I've been campaigning for the public to see this too, and just tonight I got a comment on one of my posts to go look at Rock Art's website. If you go to their homepage, you'll see the words "VICTORY ! America You have saved THE VERMONSTER !!". No real info yet, but it's definitely a start!

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